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HomeMy WebLinkAboutMiscellaneous - VFW Letters & Correspondence RE Smoking in ClubI lb C It cn N �g0 0 rr x rt Fl- m ::$n LO En n0 �-n rln tr m L ro 0 a m 0 m I North Andover Health Department Community Development Division December 9, 2011 VFW — Post #2104 Attn: VFW Commander Michael Wilson 32 PARK ST NORTH ANDOVER, MA 01845-2821 Dear Commander Wilson: On November 17, 2011, the North Andover Board of Health held a public session to deliberate and consider options to change the local regulation `Regulation of Smoking in North Andover,' as last modified in 2004. The Board voted unanimously to take no action in this matter. A public hearing on September 27, 2011 was called to take public comments on options to change the smoking regulation. This hearing was called partly in response to a complaint filed by a member of the VFW at a public meeting on June 23, 2011. At that meeting, the board requested that this member meet with VFW leadership and consider various options that might help VFW members reach a compromise and satisfy members on both sides of the smoking issue. At the public hearing, the Board was disappointed that this had not happened. We heard from your membership that this is a matter of internal strife about a policy that the VFW can and should self -regulate. Although the Board is unwavering in its concern about smoking in either public or private gatherings, we felt that changing the smoking regulation would not truly address the reason the question was brought before us. I also caution you to not consider this decision by the Board as a `victory' for the smoking advocates. The Board maintains the right to reconsider a change in the smoking regulation at any time in the future. The Board requests that your leadership continue to consider this matter with careful deliberation in order to reach a resolution. We hope that a change in VFW policy to allow both smoking and non-smoking veterans to enjoy your club's facility would increase. regular attendance. Sincerely, Thomas A. Trowbridge, DDS, MD Chairman, North Andover Board of Health Cc: Susan Y. Sawyer, Public Health Director 1600 Osgood Street I Building 20; Suite 2-36 1 North Andover, MA 01845 North Andover Health Department Community Development Division December 9, 2011 VFW — Post #2104 Attn: VFW Commander Michael Wilson 32 PARK ST NORTH ANDOVER, MA 01845-2821 Dear Commander Wilson: On November 17, 2011, the North Andover Board of Health held a public session to deliberate and consider options to change the local regulation `Regulation of Smoking in North Andover,' as last modified in 2004. The Board voted unanimously to take no action in this matter. A public hearing on September 27, 2011 was called to take public comments on options to change the smoking regulation. This hearing was called partly in response to a complaint filed by a member of the VFW at a public meeting on June 23, 2011. At that meeting, the board requested that this member meet with VFW leadership and consider various options that might help VFW members reach a compromise and satisfy members on both sides of the smoking issue. At the public hearing, the Board was disappointed that this had not happened. We heard from your membership that this is a matter of internal strife about a policy that the VFW can and should self -regulate. Although the Board is unwavering in its concern about smoking in either public or private gatherings, we felt that changing the smoking regulation would not truly address the reason the question was brought before us. I also caution you to not consider this decision by the Board as a `victory' for the smoking advocates. The Board maintains the right to reconsider a change in the smoking regulation at any time in the future. The Board requests that your leadership continue to consider this matter with careful deliberation in order to reach a resolution. We hope that a change in VFW policy to allow both smoking and non-smoking veterans to enjoy your club's facility would increase regular attendance. Sincerely, Thomas A. Trowbridge, DDS, MD Chairman, North Andover Board of Health Cc: Susan Y. Sawyer, Public Health Director 1600 Osgood Street I Building 20; Suite 2-36 1 North Andover, MA 01845 �/e North Andover Health Department (ommunity Development Division December 9, 2011 VFW — Post #2104 Attn: VFW Commander Michael Wilson 32 PARK ST NORTH ANDOVER, MA 01845-2821 Dear Commander Wilson: On November 17, 2011, the North Andover Board of Health held a public session to deliberate and consider options to change the local regulation `Regulation of Smoking in North Andover,' as last modified in 2004. The Board voted unanimously to take no action in this matter. A public hearing on September 27, 2011 was called to take public comments on options to change the smoking regulation. This hearing was called partly in response to a complaint filed by a member of the VFW at a public meeting on June 23, 2011. At that meeting, the board requested that this member meet with VFW leadership and consider various options that might help VFW members reach a compromise and satisfy members on both sides of the smoking issue. At the public hearing, the Board was disappointed that this had not happened. We heard from your membership that this is a matter of internal strife about a policy that the VFW can and should self -regulate. Although the Board is unwavering in its concern about smoking in either public or private gatherings, we felt that changing the smoking regulation would not truly address the reason the question was brought before us. I also caution you to not consider this decision by the Board as a `victory' for the smoking advocates. The Board maintains the right to reconsider a change in the smoking regulation at any time in the future. The Board requests that your leadership continue to consider this matter with careful deliberation in order to reach a resolution. We hope that a change in VFW policy to allow both smoking and non-smoking veterans to enjoy your club's facility would increase regular attendance. Sincerely, Thomas A. Trowbridge, DDS, MD Chairman, North Andover Board of Health Cc: Susan Y. Sawyer, Public Health Director 1600 Osgood Street I Building 20; Suite 2-36 1 North Andover, MA 01845 North Andover Health Department Community Development Division December 9, 2011 VFW — Post #2104 Attn: VFW Commander Michael Wilson 32 PARK ST NORTH ANDOVER, MA 01845-2821 Dear Commander Wilson: On November 17, 2011, the North Andover Board of Health held a public session to deliberate and consider options to change the local regulation `Regulation of Smoking in North Andover,' as last modified in 2004. The Board voted unanimously to take no action in this matter. A public hearing on September 27, 2011 was called to take public comments on options to change the smoking regulation. This hearing was called partly in response to a complaint filed by a member of the VFW at a public meeting on June 23, 2011. At that meeting, the board requested that this member meet with VFW leadership and consider various options that might help VFW members reach a compromise and satisfy members on both sides of the smoking issue. At the public hearing, the Board was disappointed that this had not happened. We heard from your membership that this is a matter of internal strife about a policy that the VFW can and should self -regulate. Although the Board is unwavering in its concern about smoking in either public or private gatherings, we felt that changing the smoking regulation would not truly address the reason the question was brought before us. I also caution you to not consider this decision by the Board as a `victory' for the smoking advocates. The Board maintains the right to reconsider a change in the smoking regulation at any time in the future. The Board requests that your leadership continue to consider this matter with careful deliberation in order to reach a resolution. We hope that a change in VFW policy to allow both smoking and non-smoking veterans to enjoy your club's facility would increase regular attendance. Sincerely, e. Thomas A. Trowbridge, DDS, MD Chairman, North Andover Board of Health Cc: Susan Y. Sawyer, Public Health Director 1600 Osgood Street I Building 20; Suite 2-361 North Andover, MA 01845 DelleCh aie, Pamela From: Ron Beauregard [ronbeauregard@yahoo.com] Sent: Wednesday, December 21, 2005 11:22 AM To: Sawyer, Susan; DelleChiaie, Pamela Cc: Ron Beauregard Subject: ETS Complaint - VFW Dear Susan and Pam: The following is a summary of my inspection of the VFW. I would like to ask your licensing board if they would be interested in developing a "guest policy" for all private clubs in town so that all are working under the same rules in terms of non-members lawfully being allowed in the clubs. Let me know what you think. On Tuesday, December 20, 2005 at 11:30 a.m. I visited the VFW located off Rte. 125 in North Andover. I met with the manager Joe Lynch for approximately 25 minutes. I told him that I was following up on a complaint about the VFW's practice of allowing individuals to become members of the club without actually being granted membership into the VFW. I showed Mr. Lynch the "Representation to Applicant" form that their club uses to allow individuals who are not veterans of foreign wars to join their club. Mr. Lynch acknowledged that the club uses this "special" membership for non -veterans who join the club. I also provided Mr. Lynch with the relevant sections of the state law that sets restrictions for smoking in private clubs (G.L. c. 270, section 22), as well as state regulations that clarify that law (105 CMR 661.000). I explained the sections of that law relevant to private clubs. I told Mr. Lynch that the one provision in 105 CMR 661.100(B)(1) that concerns me states that: B) Smoking may be permitted if the premises are occupied solely by the following: (1) members of the association. A person shall not be regarded as a member if entering the premises under the terms of a membership that differ in duration, cost or privileges from the the terms of a full membership in the association. Interestingly, Mr. Lynch told me that the VFW had implemented this new "special" membership policy in response to a Massachusetts Alcoholic Beverages Control Commission representative who was critical of the VFW's guest policy (a guest policy controls whether, how many, and under what circumstances a guest of a VFW member may lawfully be on the club premises). Mr. Lynch was cooperative and professional during my visit. I told him that I would follow-up and suggested that we might want to meet with town 1 officials to resolve any potential issues arising from the "special" membership status. As a follow-up to my visit, I called Attorney D.J. Wilson of the Massachusetts Municipal Association. Mr. Wilson explained that it is likely that the local licensing board in the Town of North Andover, as well as the board in most other municipalities in the state, have not established a "guest policy" for private clubs. Such a policy would place all private clubs in town on a level playing field, at least in terms of adhering to the state smoking laws. Mr. Wilson offered his technical assistance in drafting such a guest policy if there is interest in the Town of North Andover to implement one. Do You Yahoo!? Tired of spam? Yahoo! Mail has the best spam protection around http://mail.yahoo.com Eagle -Tribune Online i W ] Page 1 of 4 V J� I le ► Eagle -Tribune ► Gloucester Daily Times ► Daily News of Newburyport ► Salem News ► A Plus Edition Monday, June 26, 2006 t� Search Current Issue Headlines �?�� �� Headlines Enter Keywords Go J �� ►They do — again: Co . MyTown Search private club or illegal smokers celebrates second wed( Amesbury L] n> assisted living facility Home lounge? VFW members challenge ►Methuen follows state News -NH status hiring outsider - Haverhill Sports Opinion Business Lifestyle Celebrations Obituaries Archives Special Reports Classifieds Homes North Help Wanted Legal Notices Lottery -MA Lottery -NH Maps Movies Phonebook Stocks TV Weather Our Sponsors STONE WALL Real ESlata Profastiwak We Know Now England f By Davin Wilfrid Staff writer (single page view) (view as multiple NORTH ANDOVER — Allan Breen is fuming over the local VFW's smoking policy, and he wants the local Health Board to step in. Breen said the Board of Directors of Club 2104, a private bar run by VFW members, ignored a recent vote by VFW members to outlaw smoking in the bar. He also alleges the board has encouraged nonmembers to patronize the smoker -friendly watering hole by selling $10 "guest passes" to the club that are good for a full year. "What's happening is that all those smokers from other places have ended up in my VFW," Breen told the Health Board. "It's a nonmember smoking club. That's all it's turned into." Club officials say they've taken steps recently to keep better track of guests and nonmembers, and insist the club is private and can allow smoking. The state outlawed smoking in workplaces back in 2004. The law does not apply to tobacco shops, cigar bars or private clubs like Club 2104. But at Thursday's health meeting, Breen said the club has encouraged nonmembers to belly up by hosting softball teams and darts teams, and by selling electronic access cards, which allow guests to enter through the usually -locked front door. He said those actions mean the club no longer qualifies as private and should lose its exemption from the smoking ban. ►Private club or illegal lounge? VFW member status ►Lawmaker calls for nl criminal checks into th with state's disabled More h More Headlines ►E-mails detail Abram - requests, administratio: ►Town develops plan c against mosquito -born( ► The air that we breath Summertime ozone cai asthma, allergies ►Massachusetts Comm Calendar ►Purple gives way to r( retreat I ►Police: Driver hit offs, http://www.ecnnews.comlcgi-bin/051etstory.pl?-sec-News+fn-fn-fn-fn-fn-fn-fn-fn-fn-smo... 6/26/2006 Eagle -Tribune Online Ads by G000000gle TM48 Post_H_ ole Digger Our System Will Allow You To Drill Holes Fast Where Other Systems Fail www.beiltec.net Second_Hand Smoke Test Measures exposure on the spot Easy, Fast, Accurate, TobacAlert tobacalert.com Smoke Free Workplace Get Clinical & Therapeutic Care. Escape to Napa for 7 -Day Treatment. www.SmokeFreeLife.com EcoSir ashtrays mirror polished stainless steel wall mounted or free standing www.ecosir.com Advertise on this site Breen has been a member of the VFW since the late 1960s. He said he is concerned about the dangers of second-hand smoke, which kills more than 1,000 Bay State residents per year according to the state Department of Public Health. "We have employees here that do not smoke. They feel like they're between a rock and a hard place," he said. "We also have employees who smoke behind the bar while they're serving customers." Club director Phil Spitalere told the board the club began clamping down on nonmembers last fall after they were cited by the state Alcoholic Beverage Control Commission for not requiring guests to sign in when visiting. He also said the Board of Directors had the right to ignore a recent vote in which a majority of VFW members said smoking should be banned at the club. "We're not trying to circumvent anything," he said. "We're not trying to get around anything." The Health Board referred the matter to the Board of Selectmen, who could hold a public hearing to determine if the VFW qualifies as a private club. Selectmen Chairwoman Rosemary Smedile said her board would look to town lawyer Tom Urbelis to avoid infringing on the VFW's rights. "There's certain constitutional issues involving private clubs, and we would certainly be seeking advice from town counsel on this," she said. EVA @ � M9rm5 N ,e r 07 Lia *�-gw�tw*�. Click here to become a subscriber + Back to top msn Page 2 of 4 — twice ►Israel stages first arre; since pullout; Palestini negotiate ►U.N. weapons confer( some local gun -owner; ►Critics of mass detent immigrants dismayed 1 expand system ►Iran mum on timeline responding to nuclear I ►The insurgency fights blitz of good news for government, American ►Kanye plays before a crowd ►A veteran and victim government to issue ne Security Numbers ►Lottery ►Angling traditions enc Maine village ►Auction of MLK pap( Collection goes to alm; ► Workers remove cave after 41 years ►Attempt to shoot dow Korean missile would 1 move by U.S. ►Troubled New Orlean justice system struggle — and improve — afte ►Judge to decide what exclude from trial ►People in the news ►Patsy Ramsey, mothe JonBenet Ramsey, die: ►R.I. company takes of Fort Riley ►NASA still wrestling problems as it prepare; liftoff ►Skyscraper projects b, Chicago, where the ter. ► Somali Islamic militia suspected al-Qaida col. new leader http://www.ecnnews.comlcgi-bin1051etstory.pl?-sec-News+fn-fn-fn-fn-fn-fn-fn-fn-fn-smo... 6/26/2006 DelleChiaie, Pamela From: Sawyer, Susan Sent: Thursday, December 10, 2009 12:40 PM To: DelleChiaie, Pamela Subject: FW: VFW Post 2104 - ETS Complaint FYI and for the VFW file thx -----Original Message ----- From: Ron Beauregard [mailto:ronbeauregard@yahoo.com] Sent: Thursday, December 10, 2009 12:32 PM To: Sawyer, Susan Subject: VFW Post 2104 - ETS Complaint Hi Susan, On Tuesday, December 8, 2009 at approximately 3:55 p.m., I visited the VFW Post 2104 at 32 Park Street, North Andover in response to an anonymous complaint about secondhand smoke at the club. The complaint was three pronged, alleging: 1) bartenders who are not VFW members smoke behind the bar; 2) non-members buy a $20 club key that allows them access to the club, and 3) when the upstairs is rented, people will go downstairs and smoke in the bar area. I was unable to enter the rear, main door to the private club (in the basement/ground floor) as the door was controlled by a locking mechanism. I pressed a button and the bartender, Audrey, "buzzed" me in. There were approximately 10 persons in the club at the time. Audrey called the club manager, Joe Lynch, who was not on the premises, but in the area. He met with me about 10 minutes later. We discussed the aforementioned three issues regarding the complaint. I should note that the last time I met with Mr. Lynch was during an April 7, 2006 inspection in response to an ETS complaint involving the same club. I have not received any futher complaints until the one at issue. As to the first issue, 105 CMR 661.000 is the controlling law. Section 661.100(A)(4) provides that "smoking shall be prohibited in an enclosed indoor space of a membership association during the time that the space is:... occupied by a contract employee, temporary employee or independent contractor...." Mr. Lynch assures me he has documentation confirming that all 6 of his bartenders are not contract or temporary employees, or indepedent contractors. Rather, they are salaried employees who receive W2s. This fact would permit smoking in the club by those bartenders (assuming there is not another non-ETS regulation that precludes it). Section 661.100(B)(2) states that "smoking maybe permitted if the premises are occupied ... [by] "one or more salaried employees of the [membership] association." The second issue concerning non members buying a club key is largely a factual dispute. Mr. Lynch says all holders of club keys are members of a club at that site. He does acknowledge that there are two different club memberships: one for the VFW and the other for "Post 2104." P ,,The third issue concerns the claim that people renting the upstairs will go down to the club bar to smoke. Mr. Lynch denies this takes place. The only time it would be permitted, he claims, is when a club member is attending the event in the rental hall, or an attendee who knows a club member and is accompanied by the same. Mr. Lynch understands that the BOH and or Healthy Communities may attempt to gain entry to the club for purposes of checking compliance with the law. I hope this report proves informative. If you need anything else, don't hesitate to call. Ron Beauregard 978-490-8114 01/19/2010 12:54 FAX 978 409 6122 HEALTHY COMMUNITIES 2001 c Z Healthy Communities Tobacco Control Program A Boards of Health Partnership Andover North Andover Dracut North Reading Haverhill Reading Lynnfield Stoneham Methuen Topsfield Middleton Newburyport January 19, 2010 FIRST CLASS POSTAGE Joe Lynch, Manager VFW 32 Park Street North Andover, MA 01845 . Re: Warning for Smoking on Premises While Uninvited Guests Are Present Dear Mr. Lynch: On Friday, January 15'b from approximately 7:16 p.m. to 7:26 p.m. your establishment permitted two uninvited guests to remain in your premises while allowing smoking to continue during that period of time. Entry was gain be simply being "buzzed in" and signing a book adjacent to the doorway without being accompanied by a club member. This compliance check on Friday evening was pursuant to a meeting we had on December 8, 2009 about an anonymous complaint we received about unlawful smoking at the VFW premises. Massachusetts General Laws Chapter 270, Section 22(c)(2)(i)(B) states that "no smoking shall be permitted in an enclosed indoor space of a membership association during the time the space is occupied by a non- member who is not an invited guest of a member..." Under the circumstances that came before your staff on Friday night, "a non-member shall be regarded as a guest if [upon] entering the premises [is] accompanied by a member, provided the member remains on the premises while the guest is present; and signing a guest register that clearly specifies the name and address of the guest and the inviting member." 105 CMR 661.100(A)(2)(a) and (b). We have decided to issue a warning for this violation. However, please note that an owner, manager, or other person in control of the VFW premises is subject to a fine of $100 for the 1 st violation; $200 for a 2"d violation, and $300 for a 3rd or subsequent violation. In addition, if an owner, manager, or other person in control of building violates Chapter 270 Section 22 repeatedly, demonstrating egregious noncompliance as defined by the Massachusetts Department of Public Health, the local board of health can revolve or suspend the license to operate. G.L. Chapter 270, Section 220). Please feel free to contact me if you have any questions regarding this notice. S'fsere , l Ronald N. Beauregard Program Director cc: Susan Sawyer, North Andover Health Dept. Thomas Trowbridge, DDS, MD, Chairman, Board of Health 20 Main Street, Andover, MA 01810 Tel: 978-490-8114 Casino workers" raw deal: Smoke may choke their DNA RENO, Nev. — Not all the odds favor the house. -4 Exposure to secondhand smoke in the workplace can damage em- ployees' DNA, according to a five- year study of Nevada casino workers. The more they were exposed to environmental tobacco smoke, the more the DNA damage, and that's going to lead to a higher risk of heart disease and cancer," said Chris Prit- sos of the University of Nevada, Reno, who led the study. The clinical trial followed 125 em- ployees who work on the gambling floors of casinos — nonsmokers who were not exposed to smoke at home. Pritsos said casino floor workers are exposed to four times the amount of secondhand cigarette and cigar smoke than any other work force population. —ASSOCIATED PRESS OOSTERMANIS REST HOMES omeowners "Our. family caring for your family since 1946" CL } tv IP IP a y�1 to .a LLJ C] o oo w LUN C3 � Li. ' Q Of 2:a zz o LL f- O Q Z< o= F- tv IP IP a y�1 to .a TRANSMISSION VERIFICATION REPORT TIME 08/04/2006 12:41 NAME HEALTH FAX 9786888476 TEL 9786888476 SER.# 000B4J120960 DATE DIME 08104 12:40 FAX NO./NAME 819784096122 DURATION 00:00:46 PAGE{S} 04 RESULT OK MODE STANDARD ECM North Andover Health Oenartrnent .1600 Osgood Street Building 20, Smite 2.86 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 — Fox healthdeat@townofnor_thpadover,tom - E-mail www.tovynofnorthandaver.com - Website Letter of Transmittal, Page of _Z_ 7 y �idev ryb1'ryQ n eq� We are sending you: © Copy ofletter C Plans © Other (fill in below) These are transmitted as checked below: a �, L74Wvmda rAbW ➢ Lyfi r4 pvw > L7ArRqvjwW ➢ z7far ails % ➢ Druryow& lKS: ptv� r J ➢ L' 1* w* for > Qsr�►Rr't _ .. aopiEsfaraC COMPANY: FROM: Pamela DelleChiaie, Health Department Assistant Phone: Fax.,lJ� We are sending you: © Copy ofletter C Plans © Other (fill in below) These are transmitted as checked below: a �, L74Wvmda rAbW ➢ Lyfi r4 pvw > L7ArRqvjwW ➢ z7far ails % ➢ Druryow& lKS: ptv� r J ➢ L' 1* w* for > Qsr�►Rr't _ .. aopiEsfaraC North Andover Health Department 1600 Osgood Street Building 20, Suite 2-36 North Andover, MA 01845 978.688.9540 - Phone 978.688.8476 — Fax healthdept(townofnorthandover.com - E-mail www.townofnorthandover.com - Website Letter of Transmittal Page of F r10RTp 0 �tLIG X61 "rO �l. L +�yy � ey yy�► 9_ coc.ucrcwrr �• T0: r DATE: '�67 O COMPANY: FROM: Pamela DelleChiaie, Health Department Assistant Phone: RE: Fax: COPY TO: We ore sending you: O Copy of Letter OP/ons O Other Ifi// in below) These are transmitted as checked below: ➢ L74pvvedasAWW ➢ a.4sRe�que.�al ➢ Ofar ➢ ��fiarRe►aeward►�t ➢ akr rwruse 0 ➢ OResrbrit a*sfbr ➢ L7&An* maiwfaraEst. REMARKS: COPY TO: COPY TO: SIGNED: COPY TO: URBELIS & FIELDSTEEL, LLP 155 FEDERAL STREET BOSTON, MASSACHUSETTS 02110-1727 THOMAS J. URBELIS e-mail tju@uf-law.com Board of Selectmen North Andover Town Offices 120 Main Street North Andover, MA 01845 RE: SMOKING REGULATIONS Dear Members of the Board: Telephone 617-338-2200 Telecopier 617-338-0122 July 31, 2006 RECEIVED AUG 0 3 2006 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT Andover Telephone 978-475-4552 Enclosed please find a copy of a letter dated July 28, 2006 from Robert M. Van Kirk along with a letter dated July 18, 2006 to Mr. Van Kirk from Gordon L. Crosby. Very truly yours, T' -rn qs J. : rbeli c TJU:kmp Enclosure cc: Board of Health (w/enc) Mark Rees (w/enc) Joyce Bradshaw (w/enc) w.\wp5l\work\n-endove\comesp\select=n Itr - smoking.doc Thomas Urbelis, Esq. 155 Federal Street Boston, MA. 02110 VETERANS of FOREIGN WARS DEPARTMENT of MASSACHUSETTS Dear Attorney Urbelis, RECEIVED AUG 0 3 2006 TOWN OF NORTH ANDOVER HEALTH DEPARTMENT July 28, 2006 We have been informed that the Town Selectmen had chosen you, as the town's lawyer to follow up on the ongoing situation at VFW Post 2104 concerning smoking. I have tried to contact you on numerous occasions to apprise you of the situation concerning the Veterans of Foreign Wars Post 2104 of North Andover MA., and inform you of the position the VFW Department of Massachusetts i—v taking. Many of our 236 Posts across the Commonwealth have accepted the smoking guidelines and restrictions dictated by the State and ask their membership to vacate the building when they desire to smoke. Aware of the restrictions throughout the state, as it addresses smoking, we are all conscious of the effect it has health wise on those who engage in smoking and second hand smoke. Whether this is in agreement with the various memberships, is not our personal call. We are concerned with a trouble free existence of the VFW Posts across the State, and to insure that when a question or complaint is voiced, that we follow up and insure that our procedures and By - Laws are being followed and adhered to. It has been brought to our attention, that admittance has been granted non members entering Post 2104, who have purchased admittance cards in order to take advantage of the smoking privileges allowed Veterans in their own VFW quarters. This has been an apparent result of the smoke free establishments that now exist in North Andover. You will note on the attached memo our comments on this situation and references to our National By -Laws. As it now exists, the Post is in direct conflict with this type of membership. k ac debate on smoking in a private club is one issue, and whi be addressed by the town legislators of North Andover, however when that club opens its membership to non VFW members, it is in direct violation of our VFW By -Laws and is considered no longer private. The State Commander will initiate action to insure this rrocedure is terminated, and has the autho�,ity to suspend the VFW Charter, if necessary, closing the establishment, until corrective action is taken. Hopefully I have explained our position, and hope that all questions and any action by the town of North Andover, the VFW De; artinent of V P1,WV Post 2104 can reach a.compatible agreement, with all rules, directions and by-laws being followed. If I may be of any further assistance, or any questions may arise, please feel free to contact me. Enclosed is my calling card for your convenience. ery Truly Your o eitt 1 an kir ast State Commander Dept. Chairman internal Affairs cc: Augustus Gatti, State Commander Gordon L. Crosby, PSC State Adjutant Michael O'Neill, Post Commander 2104 S IA'1 E }1(Dl',SE - lt00,N1 546-1 - BOSTON. MVsS.1{'1iL Sk:"1"t`.4 - 02133_1043 TELEPHONE: 6.17.727- 61' - FAX: 617-727-3876 JULY 18, 2006 RECEIVED ROBERT VAN KIRK I AUG 0 3 2006 TO'FIEAOF NORTH LTH DEPARTpJE�TER INFORMATION FOR YOU ON THIS LETTER THE VFW POST 2104 AS IT STANDS IS A PRIVATE CLUB. BUT AS SOON AS THEY STARTED SELLING ELECTRONIC ACCESS CARDS TO NON-MEMBERS THEY ARE NO LONGER ARE A PRIVATE CLUB. UNDER SEC. 5 MEMBERSHIP — A PERSON MAY NOT BE A MEMBER OF THE CORPORATION UNLESS THAT PERSON SERVICES HONORABLY AS A MEMBER OF THE ARMED FORCES. GENERAL ORDER FROM NATIONAL. NATIONAL BY-LAWS PROVIDES FOR ONLY ONE TYPE OF MEMBERSHIP; THAT IS ACTIVE MEMBERSHIP. THERE ARE NO PROVISIONS IN THE NAT�ONTAL BX-I..A,WS, NOR. IS THER VI'V A 1 "`.Is'7_)RY OI'. JUSTIFICATION FOR ISSUANCE OF CLUB MEMBERSHP CARDS, ASSOCIATE MEMBER CARDS, HONORARY MEMBERSHIP CARDS, COURTISY MEMBERSHIP CARDS OR ANY OTHER SPECIAL TYPE OF CARDS. ANY POST ISSUING SUCH AUTHORIZED CARDS, OR CONDUCTING CLUB OPERATIONS OPEN TO THE GENERAL PUBLIC, ENDANGERS ITS STANDING WITH THE INTERNAL I EVENEU SERVICE AS A NON-PROFIT ORGANIZATION. Ot FiCERS SIGNING OUTLAW CARDS ADMITTING NON-MEMBERS TO VFW PREMISES ARE SUBJECT TO DISCIPLINARY ACTION. NATIONAL AND DEPARTMENT OFFICERS CANNOT DEFEND PRACTIVES THAT CONFLICT WITH VFW BY-LAWS OR PROCEDURE. SINCERELY YOURS IN COMRADESHIP, GORDON L. CROSBY STATE ADJUTANT 24 BEACON S'TREI?T -- STAT I: HOUSE, -- ROONI x40-1 - 60S 1'ON, NIASSAC11I1SET"I•S 02133-1043 TEL:EPHONI: (ii 17) 727-2612 - FAX: (6 1-7) 727-31876 - E MAIL: VFW MASS a A0t.COM VY/ LJ/ r.VVu 1V. VY l'AA V1/ Ls .i .ira ��•--•-------- FAX COVER SHEET t FAX COVER SHEET ♦ FAX COVER SHEET. MASSACHUSETTS TOBACCO CONTROL PROGRAM Massachusetts Department of'Public Health 250 Washington Street, 4th Floor Boston, MA 02108-4619 Phone: (617) 624-5900 FAX: (617) 624-5921 TO: North Andover Board of Health TO: Andover Board of Health/Healthy Communities FAX M (978) 688-9542 FAX #: , (978) 623-8320 DATE: DATE: 14/25/06 4125/06 1 # PAGES: 3 pages including cover # PAGES: 3. pages including cover ABOUT: Complaint — Smoke -free -Workplace Law i COMMENT: Attached is complaint that was received by the Massachusetts Department of Public Health. We request that you investigate this complaint and fax back the attached "complaint fbllow up form". We will send a letter and a copy of the complaint to the workplace ill approximately five days. I If you have any questions about the content of this fax, please contact 617-624-5900. NOTICE: The pages comprising this facsimile transmission contain confidential information from the Department of Public Health. This information is intended only for the use by the recipient listed above. If you are not the intended recipient or the employee or ag t of the intended recipient responsible for the delivery of this information, you are hereby notified that the disclosure, copyi g, use or distribution of this information is strictly prohibited. If you have received this transmission in error, please notify us i edlately by telephone to arrange for the return of the transmitted documents to us or to verify their destruction. 1 V4/ZO/ZUUU 1V:JJ rAA 411 444 OZIL1 _ 1------ vvlu.wv Massachusetts Department of Public Health Massachusetts Tobacco Control Program Complaint follow-up form Attached is a complaint received by the Massachusetts Department of Public Health. After investigating � the domplaint, please complete this one page and fax it to 617-6245921, Com Taint number:_ Name of Municipality:_—A�o��� p Name of Workplace: U4/Z5/ZUUo IU:J4 r_i_in 011 Uc4 4040 •��• am NT REFERRAL Complaint Information Complaint Number 559 I Complaint received via: Live Phone Call 06 Timo of call: 11:00 AM Date of call: 4/19!20 Workplace Information Name of workplac VFW street Address: 32 Park Street City: North Andover Zip: 01845 incident Details Date of the incident:; on-going Approximate time ofincident: Type of workplace: i Private Club Location of the incident within the workplace: Bar area . Comments about the location of incident: Person seen smoking: Customer ®. Employee Cl Unknown. other smoking indicators: ashtrays present © cig stubs present Additional Information: Club requires non veterans to purchase a membership card for a different amount than regular 1VFW members. Smgking is allowed. Anyone is allowed into the club and allowed to smoke. Friday, Apfd 21, 20061 Page 528 of 528 FAX COVER SHEET t FAX COVER SHEET + FAX COVER SHEET i MASSACHUSETTS TOBACCO CONTROL PROGRAM Massachusetts Department of Public Health 250 Washington Street, 4th Floor Boston, MA 02108-4619 Phone: (617) 624-5900 FAX: (617) 624-5921 TO: North Andover Board of TO: Andover Board of i Health Health/Healthy Communities FAX #: FAX #: (978) 688-9542 (978) 623-8320 DATE: DATE: 4/25106 4/25/06 # PAGES: 1 3 pages including cover # PAGES: 1 3. pages including cover ABOUT: Complaint— Smoke-free Workplace Law i COMMENT: Attached is a complaint that was received by the Massachusetts Department of Public Health. We request that you investigate this complaint and fax back the attached "complaint follow up form". We will send a letter and a copy of the complaint to the workplace in approximately five days. If you have any questions about the content of this fax, please contact 617-624-5900. . NOTICE: The pages comprising this faesumile transmission contain confidential information from the Department of Public Health. This information is intended only for the use by the recipient listed above. If you are not the intended recipient or the employee or ago t of The intended recipient responsible for the delivery of this information, you are hereby notified that the disclosure, copyi ig, use or distribution of this information is strictly prohibited. If you have received this transmission in error, please notify us i nmodiately by telephone to arrange for the return of the transmitted documents to us or to verify their destruction. i i i � I i i i Massachusetts Department of Public Health Massachusetts Tobacco Control Program Complaint follow-up form Attached is a complaint received by the Massachusetts Department of Public Health. After investigating the domplaint, please complete this one-page and fax it to 617-624-5921, Complaint number:__ Name of Municipality:_ p Name of Workplace:: Time of Ins ection: AM PM Date of Inspection: p ❑ Violation observed ❑ No violatiori observed I Indicators of a violation observed: ❑ Custorner(s) smoking ❑ Unknown person/people smoking If a violation was o erved, Inspector: ❑ Location is exempt from law ❑ Employee(s) smoking ❑ Other: ❑ issued ticket , ❑ referred violation to board of health for action Comments: ❑ Other: A I / COMPL. INT REFERRAL Complaint Information Complaint Number 559 i Complaint received via: Live Phone Call f Ih Aliwgnns; Time of call: 11;00 AM Date o ca Workplace Information Name of workplac VFW Street Address: 32 Park Street City: North Andover Zip: 01845 Incident Details Date of the Incident:: on-going Approximate time ofli Incident: Type of workplace: i Private Club Location of the Incident within the workplace: Bar area Comments about the location or mciaent: Person seen smoking: Customer ®. Employee Unknown, O Other smoking indicators: ashtrays present © cig stubs present Additional Information: Club requires non veterans to purchase a membership card for a different amount than regular VFW members. Smgking is allowed. Anyone is allowed into the club and allowed to smoke. Friday, April 21, 2006 Page 528 of 528