Businesses that repeatedly sell tobacco products to underage buyers could have to wait longer to resume their right to sell those items.

01:00 AM EDT on Wednesday, July 19, 2006

By C. EUGENE EMERY JR.
Journal Staff Writer

SOMERSET -- They may no longer face a one-year suspension of their license to sell tobacco products, but businesses in Somerset caught repeatedly selling cigarettes to children may find themselves facing some very tough penalties under some proposed new Board of Health regulations.

Although the penalties for a first, second or third offense will remain the same, businesses will have to stay clean for twice as long if they want to avoid the punishments that can be meted out to chronic offenders.

The revised regulations are scheduled to be heard by the board next Wednesday.

"The last time these regulations were looked at was in 1996," said Eleanor Gagnon, who chairs the board. "These changes will bring the regulations in more tune with today."

As with the current regulations, the proposal calls for a $100 fine for the first offense, $200 for the second, and $300 for the third violation.

Right now, a third violation sets the stage for a one-year suspension of the right to sell all tobacco products.

Under the proposed rules, that suspension could be no longer than 30 days.

The one-year suspension is now regarded as too extreme, said Christina Wordell, the town's health agent.

"Most of these mom-and-pop stores rely on tobacco sales and [a one-year suspension] would permanently put them out of business," said Wordell. "It was felt that was totally too restrictive."

In a Fall River case, she said, "in one week the store lost something like $24,000. They don't want the focus to be to lose business."

"To me, [the one year suspension] seems unduly harsh," said Gagnon. "I think even a 30-day suspension would be a death sentence for that business."

Another big change would be the time limit for repeat violations.

Currently, a violation that's more than one year old is forgotten.

Under the proposed rules, that time period doubles, a business would have two years to rack up a second and third offense.

Wordell said the town's Tobacco Control Coordinator, Marilyn Edge, "was finding that she often was doing her third inspection in the thirteenth month, so she asked for it to be expanded to 24 months."

Under the proposed rules, a business to completely remove all tobacco products from its store during the suspension period and any business caught selling tobacco products during the suspension could be subject to a $300 fine per sale.

Another change is to raise the annual fee for a tobacco sales permit to $50. Gagnon called the current $1 fee "ludicrous." Fifty dollars will cover the town's administrative costs.

When a permit is issued, the business must agree to unannounced, periodic inspections.

The rules are designed "to protect the young people, which is in their best interest," said Gagnon, "whether they realize it or not."

gemeryATprojo.com / (401) 743-0515