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HomeMy WebLinkAbout2018-10-25 Board of Health Agenda Packet II �° oia • North Andover Health Department Community and Economic Development Division VIA HAND DELIVERY,FIRST CLASS POSTAGE October 16,2018 AL Prime Energy 1725 Turnpilcc Street North Andover,MA 01845 RE: NOTICE OF HEARING—SALE OF TOBACCO TO A MINOR DATE OF HEARING: THURSDAY,OCTOBER 25,2018 AT 7:00 P.M. Dear Owner/Manager: On August 8,2018 your establishment was issued ticket#0253 for a second violation(the first violation occurred on January 21,2018)of Section 3.1 of the North Andover Board of Health regulation entitled"REGULATING THE SALE AND USE OF TOBACCO&.NICOTINE DELIVERY PRODUCTS" for selling tobacco products to a person under the age of 21. In addition to the issuance of a$200.00 fine,the North Andover Board of Health will hold a hearing to determine if your license to sell tobacco products shall be suspended for a period of seven(7)consecutive business days pursuant to Section 15.1 (b)of the regulations cited above. The hearing will be held on Thursday,October 25,2018 at 7:00 p.m.in the North Andover Town Hall,Board of Selectmen Conference Room,120 Main Street,North Andover,MA and your presence is requested. If you do not attend,the Board of Health may impose a 7-day suspension of your tobacco sales permit. You are provided this notice to advise you of your right to be present for the hearing and to challenge the allegations,as well as present your own evidence. You also have the right to have a lawyer attend on your behalf. Please contact this office immediately at 978-688-9540 if you have any questions. Since , r Brio J.La r•as e,CEH CC: BOH Director of Public Health File Ron Beauregard 1 Page 1 of 1 North Andover Health Department 120 Main Street North.Andover,MA 01845 Phone: 978.688.9540 Fax: 978.688.8476 Healthy CommunitiesTobacco Control Program Amesbury A Boards of Health Partnership Andover Billerica Newbury Dracut Newburypod Georgetown North Andover Groveland North Reading liaverhill Rowley Lynnfield Sallsbury Methuen Tewksbury Topsfield August 9,2018 FIRST CLASS POSTAGE AL Prime Energy 1725 Turnpike Street North Andover,,MA 01845 Re:North Andover Board of Health,Ticket 253(Tobacco Sales to a Person Under age 2 1) Attn:Manager/Owner: On August 8,2018 your establishment was Issued a citation for a 2ad Violation of North Andover Board of Health regulation Section 33 entitled"REGULAIING Iff SALR Am)USg OF TOBACCO&NICOTINE DELIVEWPRODUCT "for selling tobacco products to a person under the age of 21 (the first violation occurred on January 21,2018). As outlined on the ticket,and as explained to you upon issuance of the ticket,you have the following alternatives: 1. Elect to pay the fine(200.00)within 21 days of the date of Issuance of the ticket; 2. Elect to contest the matter in a non-criminal proceeding by making a written request within 21 days to the Lawrence District Court,Fenton Judicial Center,2 Appleton Street,Lawrence,MA 0 1$40. FAILURE TO PAY OR CONTEST THE FiNFwiTIIIN 21 DAYS OF VIOLATION MAY RESULT IN ISSUANCE OF A CRIMINAL COMPLAINT. Under Massachusetts General Laws,Chapter 40,Section 21D(Non-Criminal Disposition Statute), "If any person sonoty7cdto appear before lire clerk or a district court falls to pay the fine provided hereunder within tire 110ire spec#led..the clerk shall notIfy tire enforcingperson who Issued the original notice,who shall determine whether to apply far fire issuance of a compliant for 1/10 violation of lite appropriate ordinance,by-law„rule or regulation, All payments of fines shall be made to the Town Clerk,Town Hall, 120 Main Street,North Andover,MA 01845. If you have already made payment,thank you,Please feel free to contact me if you have any questions regarding this notice. Sincerely, Ronald N.Beauregard Program Director cc: North Andover Health Dept, 36 Bartlet Street,Andover,MA 01810 Tel:978-490-8114