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Home My WebLink About165 North Main (Town News)June 16, 2017 Mr. Dinish Patel Town News 165 North Main Street Mansfield, MA 02048 Dear Mr. Patel, v%56i�Ct7 �I�rJ�lli� TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 RI 'C IVCD 'MIt"IN OFF ICE. `tUil JUN I q Ad* IS t~9r''NSI'ff-Ul On June 12, 2017, a compliance check regarding illegal tobacco sales to minors was conducted by the Western Bristol and Foxborough Tobacco and Alcohol Prevention Collaborative. The compliance check revealed that your establishment sold tobacco products to a person under the ;age of twenty-one (21) years old at Town News, 165 North Main Street. This is your second violation within a 36 month period. The first occurred on November 26, 2014. As this is your second offence in a 36 month period, under the Mansfield Board of Health Regulation Affecting Smoking and the Sale, Vending and Distribution of Tobacco and Nicotine Delivery Products, Article 5, Sectionl, you are assessed a penalty of two hundred dollars ($200.00). Enclosed please find citation #5726 in the amount of $200. You have'21 days from receipt of this letter to either pay the citation to the Town Clerk at 6 Park Row, Mansfield, MA 02048, or appeal it to the Clerk Magistrate at the Attleboro District Court, 100 N. Main Street, Attleboro, MA 02703. Additionally, you are subject to suspension for up to seven (7) consecutive business days. Therefore, you or your representative is requested to come before the Board on July 6, 2017, at 7:00pm for a license suspension hearing. Please be prepared to summarize your tobacco control program (training, identification validation and other methods used by you), describe the breakdown in the system that led to the sale and the corrective actions you will take to prevent future sales. The meeting will be held at the Town Hall, 6 Park Row in the 2" d floor conference room 2 A/B at 7:00 PM. Yours truly, Amy D van-Pahner, MPH Health Agent Enclosure Mail: Certified Mail- 7003 1680 0006 9325 6992 CC: Regular Mail CC: Town Clerk Served by hand to N. c k at Town News, 165 North Main Street, Mansfield, MA By Amy Donovan -Palmer, Health Agent On JuneV4, 2017, at \\ :OVNM. TOWN OF MANSFIELO NOTICE OF VIOLATION OF "TOWN BYLAW OR REGULATION OATf 0" THIS NOTICES ; — WVdE OF OEFENDEU i ADOBESS OF OFFENOEii —'— CITY, STATE, & CODE DATE OF UIII'Ni ( OFFS lD}- EV MV OFMTO —LICENSE DO -- MVI A RDiAP10N DUMOEO FEP nrseeecs. '. I. PLAC 2D OV7: OF V10lA71I04 (A.M.)(P.M.) ON 120 LOCATION OF VICIAHIi- --"" Af SIGNA-'FIl)� Of ENFODCING Pki1SON ��T' Eltt�flCIND DEP TMEN7 i t1EHEOY ACKMO'e'3dEpf.O BECEIM Or THE FODE00140 CITATION CI MONI to Own $10nalmo of ONtilQac Ono Milled THE 110"HIMINAL FINE FOB THIS OFFENSE 16 S ., YOU HAW. HIT: FOLIA11,110 ALTEIVY f M IN THIS MATTER: i boar opllpn (1) of V,Von (2) OFT opsrole os a Bnsl XspmVNI, ufuh no rewidnet crfmtnal wea (1) Yen may Ono" to pay INow.ln Ono, Okay appeaEiu In pur8ma m thfOugh n duy roh nized again, or by mvlpn0 a (hook, moray older at pedal note WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: TOWN CLERK 6 PAOK ROW MAN5FICILD, PAA 02046 (2) If you doalm to co,aost Ible rnattef, you may do so by rm&D a czritten request To a PM adman e>dn0, and an 00,eg a copy of ITS dRlion, WITHIN 21 DAYS OF THE DATE OF THIS NOTICE to: 1 THE CTEMI-MAMMIMIFE Dlahlsl Cod Ocpxrtmoal Altlobom Mahlat Cowl I D. H3u AVaal AIiI90mu, NIA 02706 Attu: 21D NeaeflrMoal Ncadops (d) If you (M to pay the ahosa lino Or to request a Itaaring eiOn' 21 days. or It you fad to appatf [of the hear eg of to pay any Ono determmned at Sea feeding to be due, a cdoibal comC=bit may In Issued cgalasl you. U I BEHEDY ELECT the Oral colon above. con ess Um 01fanso chaf0ad, and oo@esa payment In tho ¢mount of $ .- 01 HEREBY OLuyURif A Mq(TI 6iINAL HEARING on Ws matt€r. r VASUDEV CORPORATION DBA TOWN NEWS & TICKET AGENCY 165 N MAIN ST MANSFIELD MA 02048.2211 DATE TO THE ORDER OF_ ank®fAm6r!ca I000, ACN W 011000100 !0070 28u® 160 i i000 i381: 0094 j9749070u° ^ 7028 63-13/I 26 /O. 10A MMA I 063 $ 2-ou i aro� DOLLARS 8' UP 05/31/2013 00:02 5083242544 FALL RIVER HEALTH PAGE 01/03 Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. .Fall River, MM 02722 Office: 508 324 2428 Cell: 774 488 9341 Fax: 508 324 2429 Serving Boards of 4ealth in Attleboro N. Attleboro Berkley Dighton Fall River Foxborough Mansfield Norton Rehoboth Seekonk Somerset Swansea Taunton Westport c Marilyn Edge, Dixector Email: WBriatolTobaccoAlcohol@gmail.com FAX COVER SHEET To:ai P From: Marilyn Edge, Director A i No. of pages including cover sheet: U..' 05/31/2013 00:02 5083242544 FALL RIVER HEALTH PAGE 02/03 MTCP M, Tobaoeo Comiltpliance Check Forma 1. EsUblishmaemr_ ---� Name: TOWNNEWS DINESH PATEL '1 Address: 165 N. MAIN ST MANSFIELD, MA:02048 at3r Zip Code; Type ofRMablishmenv ❑ Chain ❑ independent. ❑ NotKoovm CS..:. !-. It. $*vey PardelpeAts ID ofPwohasazl Age: ❑ 16 )V17 Sei ala ❑ I+cmale Name of Adult Suvis peror(:. f��t� 1i= ofChwc ' t = 0 pm Date of Check: Day o£tbeW0ek:1vlon TWA ❑ ed Cl Thurs a Fri ❑ Sat ❑.Sun Was Compliance Check Somplete'd? Y No If yes please continue onto the next question, if No please s ' his section and go to section 3. fio eras tollacco marketed? vo'the-couutac youth asks tba clerk for the product. FKOM a vendiag macluuc trl�tP 'a lockwrtdevls Cl at = Describe: Was the Purchaser asked form? Yes 0 No Vas tbls as 0-4ased check2 ' L7 Yes No� Was the Purchaser asked his/her age? Yea ❑ No� Sex of Clerk: Male'? Percale CI AppxolKhnate age, of clerk: ❑ Teen ❑ Young Adult VAda ❑ Older Adult Type of tobaeco•asked-for; C3 Cigarettes Brand of cigarettes asked for: 0 Marlboro Cl Newport ❑ Other ❑ Chew/Dip Cigars CI E-Cigarettes P Other Brand: Was the product requested t]avored (NOT Tobacco, or menthob? Yes 0 Noy Was the sale made? Yes If" Xes" how mach di the product coat $1-bb ''as a receipt even. Yes ❑ No - � v . _. —_,.n clnl,atfal rt q00hi11 ❑ chanas Seetfon 3: If the youth did not enter the premises or did not attempt to purchase tobacco products please indicate whys Cp "Don't sell" but tobacca seen in Of 4/14115 05/31/2013 00:02 5083242544 FALL RIVER HEALTH PAGE 03/03 IF SALE OCCURRED: ENFORCEMENT Was there more than one cash register in use at time of the purchase? Yes No' If yes, number or description of register: (Ex: closest to entrance; facing window; etc.) Descrlpp"'"`` ti'onnn pf employee who sold tobacco: Gene✓Female Race: White Black Latino Asian Indianl e a Other: Age: .Onder30 Over50. Hair Color: ro /Black Red Blond White/Gray Hairstyle: Corr Long Dreadlocks Ponytail Curly Bald Wearing Hat Facial Hair: Mustache Beard Goatee Glasses: Yes No Company logo/person's name on Work Jacket: Additional descriptionlcommants' Did you interact with other employees or customers? Yes No DESCRIPTION VERIFIED BY: FORM COMPLETED BY: Time returned to store: Staff member who was primary enforcer: Nameltitle of monagerlownerlemployee: Did this person identify self as making sale? Yes No, If no, did you speak with person who made sale? Yes No Did slhe admit to making sale? Yes No it managerlownor/clerk refuses to sign, give a description: Hair Color: Brown/Slack Red Blond White/Gray Hair Style: Short. Long Dreadlocks Ponytail Curly Bald Wearing Hat Facial Hair' Mustache Beard Goatee Glasses: Yes No Age: Under30 30-50 Over50 Was this (he same person who made sale? Yes No Comments: FORM COMPLETED BY: Adapted from 5 City Tobacco Control Collaborative i d O Lu o O¢ as o O a� a� a4) ,� �N i O d Q03 aQ o rA W� PLEASE NOTEm N, MASSACHUSETTS LAW FORBIDS THE SALE OF ALCOHOLIC BEVERAGES TO PERSONS UNDER THE AGE OF TWENTY-ONE. FOR THE PROTECTION OF THE PUBLIC AND THIS STORE, PROOF OF IDENTITY AND AGE WILL BE REQUIRED WHEN A PURCHASER APPEARS TO BE UNDER 40 YEARS OF AGE. PLEASE NOTE OUR POSTED ID POLICY. Thank you for your patience and understanding. Certification Manager for PBSA Page 1 of 1 ..... . . ..... .. : ....... ... . . .. ...... ...... .. rm,i Do not rVal R'lok-Spne to 161ve tills Window This Certificate ol'Completion of eTIPS Off Premise 3.0 For coursework completed On July 22, 2017 provided by Health Communications, Inc. is hereby granted to: Dinesh Patel Certification to be sent to: 165 N Main St Mansfield MA, 02048-2211 USA http://w4.certegrity,comlcp5,nsfIOpenCeitificate?OpenAgent&RID=9U61OZOEX6&TID=... 7/22/2017 AGE -RESTRICTED PRODUCTS POLICY AND PROCEDURES TOWN NEWS MANSFIELD, MA Every employee at this store has the legal and moral responsibility to control the sale and distribution of age -restricted items to ensure these items do not get sold to minors! I LEGAL RESPONSIBILITY IS ALWAYS THE STORE PERSONNEL'S!! AGE -RESTRICTED PRODUCTS POLICY Objective: To be in compliance with all federal and state laws concerning the purchase of age -restricted products. PROCEDURES: 1, State Law specifically restricts the sale of certain products that this store sells to customers that are not of legal age including any Employee of this store. 2. Penalties for violating these statutes range from monetary fines for both the store and the individual to revocation of the license on a temporary or permanent basis, 3. This store and its Employees must use their utmost diligence and follow set rules & procedures governing the sale of these items. When in doubt about someone's age, always ask for a valid I.D. 4. The following items are age -restricted. • All Tobacco Products / Rolling Papers ■ All Lottery Products PRODUCT LEGAL AGE TO PURCHASE I.D. AGE Tobacco 21 40 of Less Lottery 18 40 or Less TOBACCO PRODUCT SALES POLICY OBJECTIVE: That all store Employees follow all laws and the procedures of this policy related to the sale of tobacco products including: cigarettes, smokeless tobacco, loose tobacco, pipe tobacco, rolling papers and cigars. The minhnum age to purchase tobacco products is twenty-one (21) years. It is our responsibility as retailers and neighbors of the community to prevent the sale of tobacco to any minors including any Employee who works in the store. To avoid any violation regarding the sale of tobacco products, all Employees must read, review, and understand this policy. Please note that matches and lighters are to be treated as tobacco products. PROCEDURES: 1. All store Employees and management personnel must ID all customers who want to purchase tobacco products when they appear to be under the age of 40, unless it is a regular customer (at least once per week) who has provided proof of legal age to each employee, 2. This policy will be reviewed with all new Employees before they can operate a cash register and sell tobacco products. 3. If a customer is asked to produce proof of age, the date of birth on the customer's identification must be scanned or entered using the age check key on the register. I understand that Massachusetts law prohibits the sale of age -restricted products to anyone under the minimum age set by the Commonwealth or the Town of Mansfield for these products (Tobacco; 21 years, Lottery, 18 years, Alcohol; 21years). I also understand that if I fail to follow store policy and state law about the sale of age -restricted products to minors, I could face disciplinary action up to and including termination. In turn, the management of Town News agrees to support my judgment when not making the sale of age - restricted products by following store policy and procedures, Employee Signature Manager Signature Date Date (This form will be maintained in your personnel file as part of your permanent employee record) 06/24/2013 00:20 5083242544 FALL RIVER HEALTH MASSACHUSETTS GENERAL LAWS, CHAPTER 270, Tobacco Sales to Minors "Whoever sells a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen shall be punished by a fine of not less than one hundred dollars for the first offense, not less than two hundred dollars for a second offense and not less then three hundred dollars for any third or subsequent offense." I understand that Massachusetts law prohibits the sale of tobacco products to anyone under age 18. i also understand that if I fail to follow store policy and state law about the sale of tobacco to minors I could lose my job or be fined. I agree to the following rules about the sale of tobacco products: ■ I will not sell any tobacco products, including cigarettes, cigars, chewing tobacco, bidis, or any other form of tobacco, to any person under the age of 18. ■ if a person attempting to buy a tobacco product looks under 27 years old, I will ask for photo identification (I.D.). If there is any doubt about the person's age, I will not make the sale. ■ I will not accept a note from an adult giving permission to a person under the age of 18 to buy tobacco products. In turn, management agrees to support my judgment not to make the sale in any of the cases described above. Employee's signature Store manager's signature (This agreement will be maintained in your personnel file as part of your permanent employee record.) The retailer education project is jointly sponsored by the Massachusetts Tobacco Control Program and the Office of the Attorney General, funded by the Department of Public Health. For more information, visit www.under27.org or call 1-800-992-1895. Hearing Procedure 1. Open hearing requested by petitioner, Dinish Patel of Town News. 2. Purpose of the hearing is to give the petitioner, Dinish Patel of Town News an opportunity to be heard as to why the order of June 16, 2017, informing the petitioner of a hearing to suspend their tobacco sales license. 3. Summary of events leading to hearing presented by Tobacco Control. 4. Hear petitioner's argument. 5. The Board will then hear comments from parties in favor of the petitioner's request 6. The Board will then hear comments from parties opposed to the petitioner's request. 7. The Board may close the hearing. 8. The Board may make a decision or postpone the decision to a later time in the meeting or a later meeting. It is Illegal to sell tobacco products to anyone under the cage of Is TOWN NGwS 165 NORTH MAIN ST MANSFIELD MA-02048 Employee Tobacco Training Program 1),Include Tobacco Product sales Policy in a comprehensive Policy & Procedures Manual for all Age -Restricted Product Sales. This manual will be presented by management to all new & existing employees for their review and signature. 2). Generating an " ID Quick Reference Guide" to be posted at each register to assist employees in adhering to ID Policy & Procedures 3). Continuous Reinforcement of the Importance of Responsible Selling Of Age -Restricted Products Offered at the Store. Tobacco and Lottery sales account for 21 Out Of Every 30 Dollar Handled By Town News Employees . Emphasis On the Importance of Community Responsibility,in Addition to Legal Responsibility , For This Store To Control the Sale and Distribution of Age -restricted Items To Ensure These Items Do Not Get Sold To Minors. Continuous Reinforcement Will Include Individual Counseling Sessions With All Employees Throughout the Calendar Years, Posting of Signs Stating the Store Responsibility For Both Employees and Customers, Refreshing All Signs Twice a Year. Town News Will Do This Training Every 3 Months. If Any Employees or Relative Sell Cigarette To Minors- They' Will Not Get Paid For 2 Weeks And If Employees Still Sell Tobacco Product To Minors Employee Will Receive Suspension Letter. Explore conducting Own Compliance Checks at Store Level A('9F-1Zl?STR1(1""1TD PROD W"I'S 1301,I(-,'Y AN1) P1Z0('H )1J1W,1)' 1" OR TOWN N1sW MANS 1,1(?1,1) Every employee at this store has the legal and moral responsibility to control the sale and distribution of age -restricted items to ensure these items do not get sold to minors ! LEGAL RESPONSIBILTY IS ALWAYS THE STORE PERSONNELS ! i AGE-RESRICTED PRODUCTS POLICY Objective: To be in compliance with all federal and state laws concering the purchase of age -restricted products. PROCEDURES: a) State Law specifically restricts the sale of certain products that this store to customers that are not of legal age including any Employees of this store. b) Penalties for violation these statutes range fro monetary fines for both the store and the individual to revocation of the license on a temporary or permanent basis. c) This store and its Employees must use their utmost diligence and follow set rules & procedures governing the sale of these items. When in doubt someone's age, always ask for a valid I.D d) The following items are age -restricted • All Tobacco Products / Rolling Papers • All Lottery Products PRODUCTS LEGAL AGE TO PURCHASE I.D.AGE Tobacco 18 30 or less 1_,ottcry 18 :30 or Less I,C}ll C,C O PIZOMJC" 1' �� [,iSS I)OL1C W OBJECTIVE : That all store Employees follow all laws and the procedures of this policy related to the sale of tobacco products including :cigarettes , smokeless tobacco,loose tobacco,pip tobacco,rolling papers and cigar. The minimum age to purchase tobacco products is eighteen(18) years. It is our responsibility as retailars and neighbors of the community to prevent the sale of tobacco to any minors including any Employees who works in the store. To avoid violation regarding the sale of tobacco products, all Employee must read ,review ,and understand this policy. Please note that matches and lighters are to be treated as tobacco products. PROCEDURES: 1 All store Employees and management personnel must ID all customers who to purchese tobacco products when they appear to be under the age to be under the age of 30, unless it is a regular customer (at least once per week) who has provided proof of legal age to each employee. 2 This policy will be reviewed with all new Employee before they can operate the register and sell tobacco products . 3 If a customer is asked to produce proof of age ,the date of birth on the customer's identification must be entered using the age check key on the register . 4 If no proof of age is required, an assigned date must be entered using the age check key. 5 No Employee may sell any tobacco to any person including any Employee of the company who fails to produce proof of age when asked . 6 Acceptable forms of identification for purchasing tobacco are: a . Valid Massachusetts State Driver's License b Valid Massachusetts Registry of Motor Vehicles State Identification c Valid passport d Military ID (Active Service Only) e Valid Out Of State License note : customers using an out of state license must show a 2" `� form of id such as a credit card, social security card, or birth. certificate 7 All Employees will take the Age Restricted Computer Based Training and pass the test with a score of 100% before the operate the POS system to make a sale. LOTTERY TICKET SALES POLICY OBJECIVE : To follow all laws and procedures related to the sale of instant or on-line tickets as outlined below. PROCEDURES: 1 . The minimum age to purchase Lottery tickets is eighteen (I8)years of age 2 . All Employees must ask to see proof of age of all customers who ask to purchase Lottery tickets when they appear to be younger then thirty years age 3 . No Employee may sell Lottery tickets to any customer below the minimum age . 4 . No Employee may sell Lottery rickets to any customer who fails to produce a valid indentifrcation when asked. 5 . Acceptable fortes of identification for purchasing Lottery are • valid Massachusetts State driver's License • valid Massachusetts Registry of Motor Vehicles State Identification • Valid Passport • Valid Out of State License note : customers using an out of sate license must show a 2" d form of id id such as a credit card social security card, or birth certificate I UNDERSTAND that Massachusetts law prohibits the sale of age restricted products to anyone under the minimum age set by the commonwealth for these products ( Tobacco : 18 years , Lottery 18years ) I also understand that if I fail to follow store policy and state law about the sale of age restricted products to minor I could face disciplinary action up to and including termination. In turn the management of agrees to support my judgement when not making the sae of age restricted products by following store policy and procedures. OmWL 7 -3\-\ '\ EMPLOYEE SIGNATURE DATE OW -ER SIGNEATURE DATE ( This form will be maintained in your personnel files as part of your permanent employee record) CASH REGISTER. ID QUICK REFERENCE GUIDE TOWN NEWS MANSFIELD MA 02048 Every employee at this store has the legal and moral responsibility to control the sale and distribution of age restricted items to ensure these items do not get to minors! LEGAL RESPONSIBILITY IS ALWAYS THE STORE PERSONNELS ! ! age restricted Products : PRODUCT LEGAL AGE TO PURCHESE VALID Tobacco 18 30 or lest Loffely lii 30 oe less ID CHECK BUT FIRM NO DEBATES - "IT'S THE LAW!" 1 . Match the ID photo to the person's face .is the person on the ID the person presenting to you ? 2 . Date of birth . Is the person of legal age to make the item purchase? One you're presented with an acceptable ID the ACTUAL DOB must be enterd into the register for all tobacco & alcohol item 3 . Expiration date . An Expiration ID is no longer a VALID ID We only accept Valid ID 4 . Feel the ID for evidence of tampering All ID's must be handled by the employee ask customer to remove ID FROM WALLET ETC. AT all times. Anything less is unacceptable . 5 . Out of state ID's require a 2"' form of identification e.g. credit card i . If still unsure if the ID is valid, ask the customer to verify some ID information his/her date of birth spelling of the last naive ,city/town are good examples. 7 . THIRD PARTY SALES: When 2 or more people are part of the purchase of an age- resricted products all must pass age verification with valid id's If not' NO SALE!! IdENPtlN SIBS N, M0,1JNG E)/ER`i(0�i°!1e S JOB ffS NXV1131 OPTIONAE Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4rh. fl Fall River, MA 02722 Marilyn Edge, Director Office: 508 324 2423 Email: WBristolTobaccoAlcohol@gmaIl.com Cell: 774 488 9341 Fax: 508 324 2429 December 3, 2014 Serving Boards of Health in Town News Attleboro Attn: Mr. Dinesh Patel s 165 N. Main St. N. Attleboro Mansfield, MA 02048 Berkley Re: Sale of Tobacco to a Minor Violation Dighton Dear Mr. Patel: Fall River • On Wednesday, November 26, 2014, at approximately 1:06 p.m., Foxborough Inspector Sarah LeRoux conducted a compliance check at your • establishment. Mansfield • At that time a male employee sold a pack of Marlboro Box to a 16-year Norton old boy without asking for identification. • Seelconk Please be advised that, as this is the first offense for this establishment, Somerset this letter serves as your first and only official warning. No citation will • issue for this sale. Swansea • Please be advised that this sale is separate and apart from any sales made Taunton during compliance checks conducted by the FDA. If and/or when you Westport have any failed FDA compliance checks you will receive notice of the penalty for those offenses directly from the FDA. If you have any questions please do not hesitate to contact me. Yours in Health, Marilyn Edge Mail: Certified — return receipt CC: Regular Mail CC: Scott Leite, Health Agent i From: Marilyn Edge<wbristoltobaccoalcohol@gmail.com> Sent: Monday, June 19, 2017 8:53 AM To: Amy Donovan -Palmer Subject: Re: Mansfield Reports I can send you the list of the stores we went to but why would you send them notice that they passed? That is totally against what this program does and is not a policy that is approved by DPH/MTCP. It also lets them know we were out there and we won't be back for several months so they don't have to be vigilant in their ID checking. If you send the stores any type of notice that they passed a check they will keep those on file and, when they fail, will use them at the Court as a reason the citation for a failure should be dismissed ............ See, your honor, we had this many checks where we didn't make a mistake. Please give us the benefit of the doubt that it was a mistake and dismiss the ticket .......... and the court will dismiss that citation. As soon as Sarah finishes entering the data I'll get you that list. On Fri, Jun 16, 2017 at 1:48 PM, Amy Donovan -Palmer <ac paimcr(ah nanAioldnia.eont> wrote: Also, could you please send me the list of establishments you went to'? I have to send them "you passed" letters and I want to notify the Board. Thanks, Amy From: Amy Donovan -Palmer Sent: Friday, June 16, 2017 1:28 PM To: 'Marilyn Edge' Cc: Sarah Leroux Subject: RE: Mansfield Reports Hello Marilyn, Attached are electronic copies of the letter and ticket issued today, both by hand delivered and through the mail. I just want to touch base on when your office should notify me as to when the violation occurs. This was a topic of discussion at the December 2016 301A meeting and the Board asked that 1 convey to you that we are to be notified immediately. I sent you the following email. On Fri, Dec 2, 2016 at 11:22 AM, Amy Donovan -Palmer wrote: Thank you for your insight about the citation process, This is really helpful, Just to clarify: a I am planning on issuing the citation as soon as you notify me of the violation. The police department has a ticket book waiting for me to pick up today. To help me with this process, I need to know ahead of time when you will be conducting the compliance checks. I will be able to act on any violations once you fax or email the necessary information the day after the violation. ® If the citation is appealed, I will definitely let you and Sarah know so the inspector will be able to be there to attest to the sale. I will send you copies of the citation and the letter for your records. ® 1 have already spoken with the Town Clerk's department and they will continue with their current: notification process, emailing both your office and my department when the bills are paid. I will follow up with any unpaid fines from here. Please let me know if you have any other suggestions or concerns so we can make this transition as smooth as possible. Good luck during your medical leave. Thanks, Amy If there is any issue with this policy, we can definitely discuss it with the Board. I think it would be great to get your perspective on how best our offices can work together to meet the goals of the BON. Right now, we have a quorum for July 6th so If you don't hear anything else from me, then we are on for July 6`r' at 7pm. Please let me know if you need any other documentation from this office for your records. Amy From: Marilyn Edge[rriailio:wl)rktolftroaccn_:Icoliol(u�gnrail.cotn] Sent: Friday, June 16, 2017 9:31 AM To: Amy Donovan -Palmer Cc: Sarah Leroux Subject: Re: Mansfield Reports Hi Amy, Not a problem. Sarah as at an activity with her children when she spoke to you so it is understandable that it would be hard to hear. I was in a training all day on Wed. in Burlington and Sarah was with me all day Thursday at that same training. We do not have access to the fax when we are not in the office. I told her I would get it to you today. By 21 D non -criminal disposition you have 15 days from the violation to issue a citation via certified mail. You have plenty of time. Please make sure you put the section of the regulation that was violated on the citation or it will not be valid. The store owner has 21 days to either pay the citation or appeal it to the District Court. If he appeals it to the Court it may take a month or two to get that clerk's hearing date. If he appeals it either Sarah or I will have to attend that clerk's hearing on behalf of the Health Dept. I do not know if Sarah is available on Thursday, July 6th as she only works 19 hours per week - but I ant available on that night and can go in her place. I have penciled in the date so please keep me posted. Looking forward to seeing you again. On Fri, Jun 16, 2017 at 9:23 AM, Marilyn Edge <wbrirstollob recoa(cghol(g),grnaii.cotiv wrote: I have a fax confirmation that you received all 3 pages. Please let me know if you didn't. Thanks. On Fri, Jun 16, 2017 at 8:52 AM, Marilyn Edge<wbrisioItobaccoaIColl ol(t4,glnac,Lconl> wrote: Hi Amy, Just getting this to you in about 5 minutes. I thought Sarah told you that we were in Burlington all day yesterday and not in the office. I've been here since 8 but had no access to the fax in the health dept. until the girls come in. It's 3 pages and is on it's way. Please keep us posted on how you handle this sale as we have to update the state database with the outcome of every violation. Thanks. On Fri, Jun 16, 2017 at 8:22 AM, Amy Donovan -Palmer <adpalmer('mansiielclma.cont> wrote: Good morning, Sarah and Marilyn, Could you please send over the reports for the tobacco sales through fax or email? We only work a half day today and I am out at the beginning of next week so I need to take care of this matter this morning. Thank you, Amy From: Amy Donovan -Palmer Sent: Thursday, June 15, 2017 8:38 AM To: 'Sarah Leroux' Cc: 'Marilyn Edge' Subject: Mansfield Reports Hello Sarah, Thanks so much for letting me know about the violation at Town News. Jane hasn't received any faxes from you about the reports yet. Just in case you need it again, here is the fax number you should use. 58-,261-7343. Please send what you have as soon as possible. I want to be able to take care of this immediately for the business to understand the repercussions of their actions. Amy Jane Doucette From: Marilyn Edge<wbristoltobaccoalcohol@gmail.com> Sent: Thursday, June 22, 2017 9:13 AM To: Sandra Mandile Cc: Amy Donovan -Palmer; Jane Doucette Subject: Re: Tobacco Citation payment thank you. On Thu, Jan 22, 2017 at 9:08 AM, Sandra Mandile <smandileamansfieldma.com> wrote: Good Morning, We have received a payment of $200,00 ( ticket #5726) from Vasudev Corp. DBA Town News & Ticket Agency this a.m. "Thank you, Sandra Mandile Town Clerks Office Six Park Row Mansfield, MA 02048 Ph# 508-261-7345 LAscIa irrier Tire Infoimabon contained in this communication from the Town of Mansfield is confldentiaL It is Intended solely for use by the renplent and others aulhoiaed to receive, It, If you are not the recipient, you are hereby notified that any disclosure, copying, distribution or taking action In relation of the contents of this information is strictly prohibited and may be unkiwfui, This email has been scanned for viruses and maiware, and may have been automatically archived by Mimecast Ltd, an innovator in 1 Software as a Service (SaaS) for business. Providing a safer and more useful place fur your human generated data. Specializing in; Security, archiving and compliance. To find out more Click Here, Marilyn Edge Western Bristol County & Foxborough Tobacco & Alcohol Prevention One Government Center, 4th fl Fall River, MA 02722 Office: 508-324-2423 Cell: 774-488-9341 Fax:508-324-2429 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 15, 2015 Mr. Dinesh Patel 4 Old Stable Drive Mansfield, MA 02048 Dear Mr. Patel, You attended the January 8a' Board of Health meeting to discuss Town News', (165 North Main Street) fast sale of tobacco to minors during a compliance check. The tobacco sale to a minor took place during a compliance check performed by the Western Bristol County and Foxborough Tobacco and Alcohol Prevention Collaborative on November 26, 2014. The Mansfield Board of Health finds your performance in this matter requires further attention to training and reinforcement of tobacco sales to minors. You are hereby notified that any sales to minors within two years fiom the date of this letter will result in both a suspension of your Permit for Sale of Tobacco and Nicotine as well as a monetary fine, the duration and amount will be determined by the Board of Health. If I can be of assistance, please do not hesitate to contact me. Yours truly, Scott Leite, Health Agent CERTIFIED: 7003 1680 0006 9325 7111 TOWN OF MANSFIELD, MASSACHUSETTS Six Park Row, Mansfield, MA 02048 January 27, 2014 Mrs. Anjana Patel Town News 165 North Main S Dear Mrs. Patel, In the month of October 2013, a compliance check regarding illegal tobacco sales to minors was conducted by the Massachusetts Tobacco Cessation Program as part of the United States Food and Drug Administration contract with Massachusetts. The compliance check revealed that your establishment sold tobacco products to a person under the age of eighteen (18) years old. The Board of Health requests your attendance to discuss this matter at its February 6"' meeting. The meeting will be held at the Town Hall, 6 Park Row in meeting room 2 A/B, second floor at 7:00 PM. Ypufs truly, Leite, Health Agent Tobacco Retailer Warning Letters > Town News 12/19/13 Page 1 of 3 Homelnspections, Compliance, Enforcement, and Criminal InvestigationsEnforcement ActionsWarning Letters nl spections, Compliance, Enforcement, and Criminal Investigations Town News 12/19/13 /4 Department of Health and Human Services WARNING LETTER December 19, 2013 VIA UPS Town News Attn: Site Manager 165 North Main Street Mansfield, MA 02048 Public Health Service Food and Drug Administration Center for Tobacco Products 9200 Corporate Boulevard Rockville, MD 20850-3229 Re: FDA Warning Letter Regarding Tobacco Retailer Inspection Violations Reference Number: 13MA006151 Dear Sir or Madam: This Warning Letter is notification from the United States Food and Drug Administration (FDA) advising you that Town News was observed to be in violation of federal tobacco laws and regulations. Failure to correct these violations may lead to federal enforcement actions, includim monetary penalties. Your response is requested In 15 working days. On October 12, 2013, an inspector representing the FDA completed an inspection of the establishment, located at 165 North Main Street, Mansfield, MA 02048. During this inspection thi establishment was in violation because you or your employee sold cigarettes to a minor and failed to check identification to verify purchaser's age. This inspection revealed that the establishment sells, distributes, advertises, and/or promotes cigarettes, cigarette tobacco, and/or smokeless tobacco, which requires that the establishment and its owners comply with federal laws and regulations governing such practices. The violations_ observed during the October 12, 2013, inspection include the following: 1. A minor was able to buy Marlboro cigarettes on October 12, 2013, at approximately 1:17 PM in the establishment. A retailer must NOT sell cigarettes, cigarette tobacco, and/or smokeless tobacco to a person younger than 18 years of age. Doing so violates 21 C.F.R. § 1140.14(a). 2. No one In the establishment checked the minor's Identification before the sale of Marlboro cigarettes on October 12, 2013, at approximately 1:17 PM. A retailer MUST check a photographic Identification that Includes a date of birth for any person under the age of 27 who attempts to purchase cigarettes, cigarette tobacco, and/oi smokeless tobacco. Failure to do so violates 21 C.F.R. § 1140.14(b)(1). http://www. fda.gov/ICECl/EnforeementActions/WamingLetters/Tob... 1/24/2014 Tobacco Retailer Warning Letters > Town News 12/19/13 Page 2 of 3 The listed violations cause your cigarettes to be "misbranded' under 903 of the .FD&C Act (21 U.S.C. § 387c). You should immediately correct the violations listed above. Failure to correct the violations may result in FDA taking regulatory action without further notice. These actions may include, but are not limited to, civil money penalty, no -tobacco -sale order, seizure, and/or injunction. The violations indicated in this letter may not be a complete list of violations at the establishment. The establishment must comply with all the applicable laws and regulations. For more information on these requirements, helpful resources for retailers, a database of inspections, and free Break the Chain of Tobacco Addiction materials, visit our website at http://www.fda.gov/TobaccoProducts'. t You have 15 working days from the date you receive this letter to respond. In your response, explain your plan for correcting the listed violations and preventing future violations. Include a telephone number and address. Note your reference number of 13MA006151 in your response and mail it to: SP-WL Response FDA Center for Tobacco Products 9200 Corporate Boulevard c/o Document Control Center Rockville, Maryland 20850 If you have any questions, contact Sashka Mannion at (301) 796-3010 or via email at Sashka.Mannion(dlfda.hhs.gov. Have your reference number ready when you call and include it with any email communications. Sincerely, /s/ Ann Simoneau, J.D. Director Office of Compliance and Enforcement Center for Tobacco Products Return to Tobacco Retailer Warning Letters Main Pagel Page Last Updated: 01/03/2014 Note: If you need help accessing information in different file formats, see Instructions for . Downloading Viewers and Players. Access! biIltyContact FDACareersFDA BasicsFOIANo Fear ActSite MapTransparencyWebsite Policies U.S. Food and Drug Administration 10903 New Hampshire Avenue Silver Spring, MD 20993 Ph. 1-888-INFO-FDA (1-888-463-6332) Email FDA -Uh�Ls 13 91 Ai Lea; For GovernmentFor Press Combination Prod uctsAdvisory CommitteesScience & Research Regulatory InformationSafetyEmergency PreparednessInternationai ProgramsNews & EventsTraining and Continuing EducationInspections/CompllanceState & Local OfficialsConsumersIndustryHealth Profess Iona IsFDA Archive 10 U.S. Department of Health Sc H uman Services Links on this page: http://www. fda. gov/ICECl/EnforcementActions/WarningLetters/Tob... 1 /24/2014 Tobacco Retailer Warning Letters > Town News 12/19/13 Page 3 of 3 1. http://www.fda.gov/TobaccoProducts 2. /ICECl/EnforcementActions/WarningLetters/Tobacco/default.htm http://www.fda.gov/ICECl/EnforeementActions/WarningLetters/Tob... 1 /24/2014 Western Bristol County & Foxborough' Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Marilyn Edge, Director Office: 508 324 2423 Email: WBristolTobaccoAlcohol@gmail.com Cell: 774 488 9341 Fax: 508 324 2429 Serving November 1, 2011 Boards of Health in Attleboro Mansfield Health Dept. Attn: Scott Leite, Health Agent N. Attleboro 6 Park Row • Mansfield, MA 02048 Berkley Re: Town News, 165 N. Main St., Mansfield, MA 02048 Dighton Fall River Dear Scott: Foxborough On October 24, 2011, at 2:20 p.m., I visited.Town News for the purpose • of conducting a routine retailer education inspection: Upon entering the Mansfield establishment I found numerous violations of the Attorney General's Self • Service Display Regulation, missing State Law signage and unlocked, Norton free-standing display cases of tobacco products. Seekonk I spoke to the clerk on duty, Dev, who then called Mr. Dinish Patel, Somerset owner of the establishment. Mr. Patel advised me that he had been told • by `someone in the Town' that he could display his tobacco products in Swansea the manner that I found them. He further stated that'he was an 'adult - only establishment' so the Self -Service Display Regulation did not apply Taunton to him. Westport I told Mr. Patel that I was providing Dev with all of the State Law signage necessary for his establishment and that the fine for not having the signage posted was $100.00. I further told him that his store did not Mansfield Health Dept. November 1, 2011 Page 2 qualify as an `adult only' establishment on several levels, (i.e. he has no signage to that effect on the doors, he has no liquor license, he has a food permit). I advised Mr. Patel that he had numerous violations carrying $100.00 fines and that I would give him until Friday, October 28, 2011, to make the necessary corrections or I would issue the fines and have him brought before the Board of Health to address the violations. A copy of my October 24, 2011 inspection report is enclosed. On November 1, 2011, at 11:45 a.m., I returned to Town News for the re -inspection. I found that the Self -Service Displays had been moved and all of the cabinets housing tobacco products were locked at that time. Once again, Dev contacted Mr. Patel via telephone and I advised him that he had made all of the necessary corrections and that, in my opinion, he was no longer in violation. I further advised Mr. Patel that I would be doing random spot checks of his establishment and would ask the Board of Health for a suspension of his tobacco permit if I found any further violations. I have enclosed a copy of todays inspection report for your records. I will continue to update you on any inspections conducted and the results of those inspections. If you have any questions please do not hesitate to contact me. Yours in Health, Marilyn Edge ME: Enclosures MERCHANT EDUCATION CONTACT RECORD Store: DOR.d: Contact Type StreetAddress: City: Name/Title of Employee Contacted Phone# Ownership: j s' Store Type: L Purchase Type: Store Sells: .Ej Cigarettes El cigars El, Flavored Tobacco El Chewing Tobacco P,Rolling Papers D BluntWraps E] Loose Tobacco El Glass Rose ,EI`Glass Pipes Other Restricted Products El Alcohol ❑-Lottery El Keno Proximity: El 1000 feet from Playground El 1000 feet from School Language Needs All Retailers Large Yellow State Law Signs Posted AG Cigar Warning Signs: If more than one cashier small yellow signs posted r Self Service Displays In legal location: ----------- 7-k-L P 0 No Smoking Signs Date of Birth Sign: If Vending Machine: Machine Located In Full view of Employee? Lockout Device Installed? Machine in Bar area? Machine In Private Club? Machine in 18 Plus Establishment? Topics Covered/Comments El Checked Permit 11 Reviewed Reqs 11 Retailers Responsibility 0 Proper Identification 11 Compliance Checks (minors may look older) 11 Penalties 1:1 Trainings El Gave Copy of Regulation Cl Gave Signs El Requested Training Material FORM COMPLETED BY: DATE: TIME: MERCHANT EDUCATION CONTACT RECORD Store: DOR#r,2/�; / !, Contact Type Street Address: ' City: Name/Title of Employee Contacted ' ,; Phone# Ownership: j Store Type: ,' Purchase Type: Store Sells: ❑Q-Cigarettes 009ars mil]. Flavored Tobacco ,L`], Chewing Tobacco Q,Roiling Papers e.'dy8luntWraps I]'.LooseTobacco El Glass Rose ;❑glass Pipes - Other Restricted Products ❑ Alcohol Lottery ❑ Keno ' Proximity: ❑ 1000 feet from Playground ❑ 1000 feet from School Language Needs All Retailers Large Yellow State Law Signs Posted < AG Cigar Warning Signs: If more than one cashier small yellow signs posted Z I , -;' Self Service Displays in legal location: f . No Smoking Signs Date of Birth Sign: If Vending Machine: 1.t,i I f i Machine Located in Full view of Employee? Lockout Device Installed? Machine in Bar area? Machine in Private Club? Machine in 18 Pius Establishment? Topics Cover Comments Checked Permit Reviewed Reqs ❑ Retailers Responsibility ❑, Proper Identification ) Compliance Checks (minors "may look older) Q� Penalties > "' ❑ Trainings ❑ Gave Copy of Regulation ❑ Gave Signs ❑ Requested Training Material FORM COMPLETED BY: ��._ DATE: TIME: y Western Bristol County & Foxborough Tobacco & Alcohol Prevention Collaborative One Government Center, 4th fl. Fall River, MA 02722 Office: 508 324 2423 Marilyn Edge, Director Email: WBristolTobaccoAlcohol@gmail.com Cell: 774 488 9341 Fax: 508 324 2429 Serving December 3, 2014 Boards of Health in Town News Attleboro Attn: Mr. Dinesh Patel 165 N. Main St. N. Attleboro Mansfield, MA 02048 Berkley Re: Sale of Tobacco to a Minor Violation Dighton Dear Mr. Patel: Fall River On Wednesday, November 26, 2014, at approximately 1:06 p.m., Foxborough Inspector Sarah LeRoux conducted a compliance check at your • establishment. Mansfield ' At that time a male employee sold a pack of Marlboro Box to a 16-year Norton old boy without asking for identification. Seekonk Please be advised that, as this is the first offense for this establishment, Somerset this letter serves as your first and only official warning. No citation will • issue for this sale. Swansea ' Please be advised that this sale is separate and apart from any sales made Taunton during compliance checks conducted by the FDA. If and/or when you Westport have any failed FDA compliance checks you will receive notice of the penalty for those offenses directly from the FDA. If you have any questions please do not hesitate to contact me. Yours in Health, Marilyn Edge Mail: Certified — return receipt CC: Regular Mail CC: Scott Leite, Health Agent