Board of Health

CITY OF LOVYELL, MASSACHLISETTS BOARD OF HEALTH t--ffi September 5, 2O18 A meeting of the Lowell Board of Health was held on Wednesday, September 5, 2lO8 in the Mayor's Reception Room, City Hallr 375 Merrimack St., Lowell, MA 01852. Chailwoman Jo-Ann Keegan called the meeting to order at G:03 pM. Present: Jo-Ann Keegan, RN, MSN, Chairperson John Donovan, DC, Board Member William Galvin, MD, Board Member Lisa Golden, RN, MSN, Board Member Kerry Hall, MEd, Board Member 9lslL8 MTNUTES 1. New Business 1.1. For Acceptance: Minutes Of The July 18, 2018 Meeting Of The Board Of Health. The minutes of the July 18,2018 meeting were reviewed by the Board Motion: To accept the minutes made by Kerry Hall, seconded by Lisa Golden. All in favor. 1.11. For Review: Monthly Development Services Report Submitted By Shawn Machado, Sr. Sanitary Code Inspector. Senior Sanitary Code Inspector Shawn Machado reviewed the report with the Board. Board Member William Galvin requested that when a restaurant fails two times within a year, that Mr. Machado review the inspections for the establishment further back than two years. Member Galvin also requested that an additional inspection be scheduled within three months of reopening for those establishments with two fails in a year's time. The Board also noted that there continues to be restaurants that are not being inspected every six monihs. Mr. Machado updated the Board on his efforts to correct that. Mr. Machado informed the Board of reports of rats on Acton St. 1.lll. Body Art Practitioner License - New The Board reviewed the Body Art Practitioner's License application for Kayleth lek. Motion: To approve the application for a Body Art Practitioner's License for Kayleth lek was made by William Galvin, seconded by Kerry Hall. All in favor. 1.1V. For Review: Communication: Central Massachusetts Mosquito Control Program The Board reviewed and placed on file. 1.V. For Review: Lowell Sun Article "Lowell Mosquito Spraying Set Thursday After West Nile Found In Flying Pests" The Board reviewed and placed on file. 1.V1. For Review: Tobacco Control Monthly Report Submitted By Cesar Pungirum, Program Director. Mr. Pungirum reviewed the report with the Board. Chainrvoman Jo-Ann Keegan inquired if Mr. Pungirum had received the date for the ticket being appealed to the District Court. Mr. Pungirum indicated that he has not received that notice yet. Member Galvin inquired how long an establishment had to pay a fine. Mr. Pungirum informed the Board that an establishment has 21 days to pay or appeal a fine.  BOHM090518 Page2 1.Vll. Tobacco Permit Suspension Hearing - Chelmsford Street Quick MarUBp Mr. Pungirum reviewed the evidence of the sale to a minor with the Board. Attorney Michael Zaim was present to represent the establishment and addressed the Board regarding the sale. Board Member Kerry Hall inquired as to the difference between the first violation notice and the second violation notice. Atty. Zaim replied that the first notice went to the former Manager of the establishment who did not bring it to the owner's attention. The second violation was brought to the owner by the new Manager. Mr. Pungirum indrmed the Board that historically, the notifications are sent to the store and the violation cites the iranager/own-er. In this case, the 1ne for the first violation was paid and the check was signed by the owner who is responiibte for oversight of the employees. The City properly sent notice to the establishment address and the Manger was the one who had signed the initial application. Member Hall inquired if the owner is the one who applies for a-tobacco license. Mr. pungiium indicated it can be the owner or an agent applying for the license. In this case the Manager was on the applicaiion as a contact person. A tobacco license is issued to the establishment not a person. The ticket has been paiO anO as such there is an assumption of responsibility. Member Galvin inquired as to the point of having a suspension hearing. Mr. Pungirum indicated that a request to appear before the Board can be filed prior t6 tne Rne being paid. Atty. Zaim stated that on the ticket is a choice to pay the fine or request a hearing before the Court Magistraie. The Board discussed the purpose of holding a suspension hearing. Mr. Pungirum reiterated that a hearing-before the Board can be requested prior to a fine being paid. Mr. Pungirum recommends the suspension be servld from start of business on September 17,2018 to run through close of business on September 29, )018. Motion: by Kerry Hallto drop the violation to a first offense. No second to the motion. Motion: to suspend the Tobacco License for 7 consecutive days from start of business on Septemb er 1T ,2018 through close of business September 23, 2018 made by William Galvin, seconded by John Donovan Jo-Ann Keegan - yes John Donovan - yes Lisa Golden - yes Kerry Hall- no William Galvin - yes Motion passes 4 to 1 in favor. ftty- Zaim requested a delay to the start date of the suspension to allow his client to appeal to the District Court. MoJlon, to move suspension dates to September 24th to September 30 absent any aciion by Atty. Zaim's client made by William Galvin, seconded by John Donovan. All in favor. Upon conferring with his client, Atty. Zaim informed the Board that his client has decided not to appeal the Board's decision and will serve the suspension from September 17 through September 23,2018. 1.Vlll. Tobacco Permit Suspension Hearing - Pete's Gulf 185 Woburn Street Lowell, MA Mr. Pungirum reviewed the sale of tobacco products to a minor with the Board. Chairwoman Keegan inquired about past violations. Mr. Pungirum replied that the last violation was in 2007. Owner Peter Vogiatzoglou addressed the Board regarding the violation. Mr. Pungirum recommended the Tobacco Permit be suspended fiom start of business on September 17 through close of business on September 23,20j8. Motion: to suspend the Tobacco license from the start of business on September 17 through the close of business on September 23,2018 made by William Galvin, seconded by John. Ail in favor. 1.|X. Informational: Health Department Substance Abuse Division Ms. Lainnie Emond was present to discuss the Substance Abuse Division with the Board. Discussion on the Divisional Grants occurred. Five of the six positions in the division are grant funded and these grants finish in 201912020. Member Hall inquired if the division is seeing results from their efforts. Ms. Emond indicated that resutts are being seen and discussed them the Board. Member Galvin asked about metrics being monitored and if there was quantifiable data of success. Ms. Emond will start adding that information to the divisionaireports and will update the Board on the review of death data that is being conducted. Member Hall inquired on the needle exchange program. Ms. Emond informed the Board that Mass DPH is in the process of interviewing agencies to be the exchange site. Ms. Emond informed the Board that the Substance Abuse Division will be holding a symposium with UTEC on December 7,2018. Chairwoman Keegan inquired if other Health Departments or MOAPC groups will be invited. Ms. Emond replied that the Greater Lowell Health Alliance is coordinating the event and that there are currently two communities participating.  8OHM090518 Page 3 1.X. For Review: Trinity EMS, Inc Reports. Jon Kelley informed the Board that Trinity continues to pick up 1-20 discarded needles and the City is still working on a long-term solution. Trinity has done 121 needle pickups in the past 30 days. July 2018 Monthly Opioid Report: Mr. Kelley reviewed the report with the Board. The August 2018 report was handed out but will be included in the packet for the october 3,2019 meeting. Quarterly Report: The report was reviewed with the Board. Mr. Kelley informed the Board that on Page 7, the triage figure is the percentage by agency. Chairwoman Keegan inquired on ihe DOA data on page 6 and asied if the 37 in quarter 2 were overdose patients. Mr. Kelley replied that he didn't believe so as Trinity is ulually cancelled by the Police Department in those cases. The figures are for cases that Trinity was involved with. 1.X1. For Review: "opioids Have sparked An HIV outbreak ln Massachusetts,' The Board reviewed the Article. Chairwoman Keegan noted to ask Health & Human Services Director Kerran Vigroux about increasing HIV testing. Member Galvin informed the Board that doctors do certain testing automatically but other tests need patient permission to conduct so HIV testing is not really at the discretion of Emergency Department doctors to do. Member Lisa Golden added that the patient would also need to be located to give ttiem ine results. Member Hall felt that it wouldn't hurt for local physicians to be notified. Chairwoman Keegan asked if there has been any discussion on increasing HIV testing. Member Galvin replied that information regarding the increase in HIV cases has not reached hospital level and he was only aware of the increase from Chairwoman Keegan. Chairwoman Keegan inquired if the hospitals and private doctors have been notified of the increase in HIV casei. Motion: for the Board to receive the results of the CDC report regarding the increase in HIV cases and any recommendations or implementations that are occurring made by William Galvin, seconded by John Donovan. All in favor. 1.Xll. For Review: "HlV spike In LowellAddicts Higher Than First Reported" The Board reviewed and placed on file. 2. OLD BUSINESS 2.1. Update: Lowell Public School Repairs Mr. James Green was present and updated the Board about ongoing repairs. The ground water in the basement of lowell High School has been repaired. The recheck of CO2 levels had good resulti with all classrooms being in the 800-1000parts range. DPH will retest if requested. Motion: To request DPW Commissioner James Donison attend the October Board meeting to update the Board on ongoing school repairs made by Jo-Ann Keegan, seconded by Lisa Golden. All in favor. 2.11. For Review: Draft Letter of Support Re: Natural Gas Pipelines Health Assessment Testing 3. DIRECTOR'S REPORT 3.1. Update: Divisionaland Department Reports and Updates. The Board reviewed and placed on file. Chairwoman Keegan inquired on the status of the new vaccine refrigerator and was informed it has been received. 4. ADJOURNMENT 4. Motion: To Adjourn. Motion to adjourn at 8:10 PM made by William Galvin, seconded by John Donovan. All in favor. THE NEXT MEETING OF THE CITY OF LOWELL BOARD OF HEATTH WILL BE HELD ON OCTOBER 3, 2018 AT 6:O0 PM IN THE MAYOR'S RECEPTION ROOM. ,Twlf ooD4g t /'  Lowell Board of Health Hearing September 5, 2018 *rffr, Purpose: The purpose of this hearing is for the Board to consider the suspension of the Tobacco Product Sales Permit issued to Chelmsford Street Quick Mart/BP, 299 Chelmsford St, for a period of seven (7) consecutive business days. Rule: Pursuant to the Lowell Board of Health regulation Restricting the Sale of Tobacco Products, a retailer that sells tobacco to a minor for a second time within 24 months shall receive a fine in the amount of 5200 "and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days." Summary of the Facts: Chelmsford Street Quick Mart/BP sold a pack of Marlboro cigarettes to a 17 -year-old boy on 6118118, during routine compliance checks conducted by the Lowell Tobacco Control Program. This was the establishment's second offense in the last two years; a previous violation had occurred on 08109117. Board's Decision:  GHELMSFORD STREET QUICK MART/BP 1. Notice of Violation - June 21 , 2018 2. Hearing Notice - August 9, 2018 3. 2018 Tobacco Product Sales Permit 4. Violation Notice to samer Khoury - August 10, 2o1T 5. 2017 Tobacco Sales Product Permit 6. Regulation of the Lowell Board of Health Restricting the Sale of Tobacco Products and Nicotine Delivery Products 7. 2017 Annual Report 8. 2018 Annual Report T ..LIflIIID(t  CtrYOF LOWELL HEALTTI DEPAHTMENT TOBACCO CONTROL PROGRAM 341Plne Street Lowell, MA 01851 Phone: (978) 67+1073 Fax (978) 97G4011 June 21,2018 Chelmsford Street Quick ManlBP Mailed:06121118 299 Chelmsford Street Certified #7MZ 0510 0002 0831 6018 Lowell. MA 0t851 Re: Sale of Tobacco to a Minor Dear Manager/Owner: As you are aware, a minor was sold tobacco at your establishment during routine compliance checks conducted by the Lowell Tobacco Control Program on 06/18/18. The Sale oftobacco products to anyone younger than eighteen (18) years of age violates state law (M.G.L. c. ?70 s. 6) and the sale of tobacco to anyone younger than twenty-one (21) violates the Lav,ell Eoard ol Heakh Regulations Restricting the Sale af Tobacco Products. The penalty for a second offense within the last twenty-four (24) months is a fine in the amount of two hundred dollars ($200.00) and the suspension of the Tobacco and Nicotine Delivery Product Sales Permit for seven (7) consecutive business days. You have twenty-one (21) days from the date of the violation to either pay the enclosed fine or contest this matter according with the instructions on the enclosed ticket. You'll be notified of the date and rime of the permit suspension hearing by certified mail. Failure to take action may also result i{r the suspension of your tobaccsr permit. Please take the necessary steps to ensur€ that all persons working af your establishment follow the proper procedure for selling tobacco products. Ifyou have any questions I can be reached at (978) 674-r073. Sincery:Jy, t) .tn t./ ,/c-'-''1lr/ Cesar Punfrum, MM, JD Tobacco Progratn Director MAKING SMOKING HISTORY BY DECREASINO YOUTH ACCESS IO TOBACCO  FOR TELEPHONET{OUIRI ES CALL 978-970.401 O f *rl{lt- f:tnfi :,7 VIOLATION LOCATIOT'I: {tktfl*if }{f} fitrrdd * ur t{p*df, I HEREBY ACKNOWLEDGE RECEIPT OF THE FOREGOII{G C|TANOfT E{ UNABLE TO OBTAIN SICtr-IATURE OF OFFENDER o*, *o,r.o, -@ Hl ltf.- - VIOLATION: fr,rj5*#.r{"G **}f f r*etdTr;*r f?effi&* frlrti#* rr*r & $';:.#* COMMENTS: '*u"t"'o* t ' \';N*tffY&t VOU HAVE THE FOLLOWIT{G ALTERilANVES IlI THIS IIATTES I t choose to pay tha above fine WITHIN 21 DAYS OF THE DATE OF THIS NOTICE. I have enclosed a check or money order payabls to the Cityof Lowefl in this envelope. An authorized per$on may bring this tlcket and payment to the City of Lowell Health Department, S4lPine Street, Lowell, MA 0tg5l !g$€en the hours of Earn to Spm Monday through Fddav. fI I desire to contest lhis matler. I request a noncriminal hearing, before Trial Court. I am enclosing a copy of this cllation, WITHIN 2' DAYS OF THE DATE OF THIS NOTICE TO: CITY OF LOWELL HEALTI{ DEPABTMENT 341 PINE STFEET LOWELL. MA 0I851 SIG}.IATURE: WHITE COPY.I{EALfi DEPT CA'{ARY - COURT INANILLA OFFEHOER Z..L[sllilru  &nail - Chelmsford S:bEel Ogidr MafttBP; HEARING NO'IIFICATION lllchacl Zrlm <zaimlarff rm@gmall.com> Fy1|Gmail Chslmsford Street Ouick MartlBP: HEARING NOTIFICAilOH Funglrum, Cecar <cpungirurr@lorellma"gov> Thu, Aug 9,2018 at 9:51 AM To: Mlcfiael Zaim <zaimlayllrm@gmall.corn> AtbmeyZaim, Attached you'll find a copy of a hearing notifcafion htter mailed out to your above-referenced dient, today. Cesar Pungirum MM, JD I lobacco Control Director The City of Lowell Health Department, 341 Pine Street I Lowell, MA 01851 t; 978.674.1073 l f: 978.970.4011 http ://www. lowell ma. gov This transmission is confidential and intended solely for the person or organizalion to whom it is addressed" lt may conlain privileged and confidential informalion. lf you are not the intended recipient, you should not copy, distribute or take any action in reliance on it. lf you believe you received this transmission in error, please notify lhe sender" IIEAR I{OTIF_CHELI| ST QUICK tART.pdf 218K httpsJrmail.google.codmeiud0/?ui:2&ih:e4996b883a&jsver=ZGTQnlgffmM.en.g6g=gmail_fe_180805.15j1&vievrpt&msg:1651"15975b651se&s... 1/l  cttYoF LovuEu. HEATfi DEPARTMENT TOBAG:CO CONTROL PROGRATVT 341PhaSfreet Lottell, MACISS1 Phone(978) 67rl-1073 Far (9zB) 97o4o11 August 9,2018 Ch€lnsfqrd Sheet Qtrick Marr/Bp Maild:08/09/18 Att JdinnyKagouz Certifiod #7M20510 0002 0831 i820 299 Cheluisfordseeet lowell,lv{A 01851 G NOTICE qesMr. Kaynouz: {q ryo arE awar9, a minor unas sold bbacco at lorr establishment during routire compliance chocks coriducted by the Inwell Tobecco Ootnot program on fune lg, t0.lg. fire,Sali of tob^aoco producf to aoyone )oungtr &m eightccn (18) ycars of,agp violates qtate law (MG.L. c. n9t. O md the sale rifqbacco prodqcF to uryone purrgsr than-twenty--" tzD Fars oragc violaes &e Regulation oftne Uv,'eU Bomd of Hatth n"*Hng *e Site ofioliico hodrcts. Since this violationwas the second offcos withiu the last (24) montbs, the Iowell buiiriess de]'s. in aeCordnnce lhqeforg ybutre herrby nodtred thal r hear{ng w[I be hetd on Wednecdan September 5, 2018 at 6:00 PM in th_e Mayor's Reception Rooi, cJty H!rt, zil nooiriti"!ft;;ractr sg Iowdl MA 01E52: pr_ese,ncc ir expected end you'[ havg rn opportuni-ry to be heard Yool befoire theBmrd mskes lts declslOn. If you have any quesdons I can be reac,hed at (9Zg) 6it+Lg7l. dr!- ---a, guwFlv. / / ,.1' t,/{ l--Lt\ I --/- \/ .a Cesarhrndirtm, MM, JD TObacco Control Director Mn${G srotqNc usrorv rroecnersNc yotl}t Acc€ssro rosAcco. T JLN8ffiIDffi  .lnrMtER . ' E--4f:4e srrs.m i , T.Iln CoMMONWEALTH OF MASSACHUSETTS. - .,l I This is to Certify that Chelrnsford Street Q,rdck il(art w Chelmstord t Lornrdl rv1A 0L851 ordinances relating lF.L[flnnilffi  CITY OF LOWELL HEALTH DEPARTMEIIT TOBACCO CONTROL PROGRAM 341Pine Street Lowell, ntA 01851 Phone: (978) 674-1073 Fax: (978) 97040tL August 10,2017 Cbelmsford Street Quidk Mart-BP Attn. SamerKhoury Mailed:08l10ll7 299 Chelmsford Street Certified #7002 0510 0002 0831 6315 Iowell, MA 01851 Re l) Sale of Tobrcco to r Mlnor Dear Manager/Owner: A minor was sold tobacco at your establishmsnt during routine compliance checks conducted by the lowell Tobacco Control Program on August 9,2OL7. The Sale of tobacco products to anyone younger than eighteen (18) years of age violates state law (M.G.L. c.270 s. 6) and the sale to anyone younger than nventy-one (21) years of age violates Lowell Board of Health Regulatlans Restricting the Sale of Tobacco Pro&rcK- The penalty for a first offense within the last twenty-four (24) months is a fine in the amount of oue hundred dollars (S100.00) per violation. You have nrenty-one (21) days from the date of the violation to either pay the fine or contest this matter according with the instnrctions on the ticket enclosed with this letter. Failurq !o take action may result in the suspension of your tobacco E;rmit. The penalties for subsequent violations within twenty-four (24) months of this offense will range &om two hundred dollan ($200.00) to three hundred dollars ($300.00) and will also include suspension of your tobacco permit. Please take the necessary steps to ensure that all persons working at your establishment fotlow the proper procedure for selling tobacco products. Ifyou have any questions I can be reached at the number above. Cesar Pungiffm, MM, JD Directar, Tobacco Contral Program IJIAIOI.IG SMOICNG HISTORY BY OECR€ASII.IG YOTITH ACCESS TO T€8ACCO.  @ffir"q uon".uroo mOa Leruqof '! LB6 trtoJ Sid srEs TEE0 arr00 0t50 e00a ffiayc6unl.rFlttf r{rqrralcppy 80[f, " frqtrtE dD.rFOpipFFqt ? 'croE trl FwPara{ E ry.spef*gSpoeU utqfl, El pctqqFu tr [.flfloE Cl gUlP.lY.(, €d,tt.or dF E \stlo -:tn,rt'-nYyl"'-tr 19 (r.calY'Pt{f [t7 ,rrry"rrfplnf+ry,tg I J f n,{t?t|r Il,frd )pre Imp'U:olr|pwrFBrv't oi,t E at ury ullllrqstnPpr,tnrP C t tlFred @dnil uxt{ ets uo .to 'sdFu elp lsq e|l or FDc oSS tSW r 'rcrtq prc qt urnar rEoa,TF[s cenrer lf, uo reelpFn ptrr ils'l ^sEI ltttu r pe{lsp q &ryWO FFyF.Utt t ue[ qqdroo orry E FF f3't slrq qqdsoC r al cl E ru c3 tn t., cr EI c3 E ru E' ID l,r, F' u, H trr  r@!esaa-*E*rliFFf FOR TELEPHONE INOUIRIES CALL 978.97G40T0 t -': f;@!8t;:- r -: .'e6o!r$r3?"jd I tp $F .sf:. co { i,, a * i :*r'ilil'k'loul( ,i 3 l@ b;1, i iirLm:frr( F ilg rg5 I\ B F !' C 1,f91 $ loli ri t , I\ i F iItril' \il ll\\ Vt-\) I l\- a I (llr i r'riF'lr? Si,'3*lrk[,Nff -6( Itii ir'1ll \s- si $ IHEREEY ACKIIOWLEDGE RECEIPT OF IHE FiOREG(nG CITATXII ,ti u$AaLE ro oBTArN sGNArlrBE oF oFFENDER DAr€MA'L€D: $ltit f i? Iiilt"' I!ull rll !il E iI l \f E)t ioE 5$ vrorAnoN:5Ai-L {.", i /:irl; *f Tj& rcoG,t ltt tf;*t *,rI f.r {i.l H o rf{ 6v[t1i ]' fi€fl if rdjlf, ril flli i tl, '-iOE sf; t; 'ye' gl"e tll Tl9{tcr itr$fvrti ? I /&8 Eli ili| o*r, EJ Ui] ' t! i'Fiti Iil :I t;E COMMENTS: ii rll t6;r l-l: U r i.^l t-J lng l:F I . i ',id' ti'"|" t YOU TI.AVE TH€ FOLLOTVUE ALTEF'{ATN'ES IN THBTATTER rE Ee E,-tl ia *= lfr$ [-ii i6 ,E$ 1"fi aftl 0 | choooe to pay the above fine WITHIN 2l DAYS OF THE [= qJil l5\- | = I' DATE OF THIS NOTICE. I haw enclod€d a checlr or money ord€r palBt o b the City d Lo..ell in fib envelope. An autlndzed person may bdrg thie tlcket and payrmnt b |hs Clty tF. €ss O.05 \d 4r\*\ i P \*l lst $ of Lordl Healttr Departmenl, 341Pin€ Sttost, Logll, MA 01851 belween the tpurs oi 8am to 5orn lrbndav thtotdt Ffiav. IH fgg E$i -ld'u4 Fl l-i iFH I r [E !*u Cl I desire to corilest tris matter, I requ€st a nonctiminal tH heaiirg, belore Trial Court. I trn onckxing a copy of thic cirdion, WITHIN 21 DAYSOF THE DATE OF THIS NOTICE lil ir TO: iE I it CITYOFLO,TTELL HEALTH PEPARTMENT El'\TJ E .]E i& IF iF 6 *rE$ 341 PINE STFEET i; E"' I I llit i t, ;! LOT^'ELL. MA 01851 SIGT{ATUfiE: "rffiq d$ *t' t-.=f a*;:: r.o= rrbjllq .r-!:' rF'i{:-::i fE!-=!!'nitEL:?'. jlw.:a:r. WHITE COPY.HEALTH DEPT GANAFY - COIIRT MINILLA OFFENDEB 7n1not8 USPS.comO - USPS Trad<hg@ Resulb USPS Tracking' FAQs ) (httr//fa+usps.com/?artideld=220000) Track Another Package * Remove X Tracking Nurnber: 7 W2O5100002083 1 631 5 Your item was delivered to an individual at the address at 9:11 am on August 14,2017 in LOWELL MA 01851. @ Oelivered August 14, 2017 at 9:1 1 am Dslivered, Left with Individual LOWELL, MA 01851 Tracking Hietory V Ptoduct Informafion V See Less A Can't find what you're looking for? Go to our FAQs section to find answers to your tracking questions. FAQs (http:/ffaq.usps.com/?articleld=2209001 https://tools.usps.corUgoffrackConflrmAc-rbn?tlabels=1002051000020931631S 1n 5 JtJfl]trIDffi  r- -- -^-*" NIJMTB Tc- 121 - ?jur? fHE COMMONwEATTH oF MASSAcHUSETTS Ttuis is to Certify that __ __ChSlmefsd SJreplQuick Msrt 2gg MA 0L851. IS HEREBY GRAhITEP A TOBACCO PRODUCT SALES PERMI.T for the sale of tobacco Products ' This pennit rs i- / ordinances relating i oked. ithere,to, and'exp,i , 1 I t : Ir soARD i $$ \, r{aAlmt i .r.i' ,''t; r" 9 T[flTHDffi  Regulation of the Lowell Board of Health Restricting the Sale of Tobacco Producb and Nicotine I)elivery Products A. Statemept of Puruose: Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birlh outcomes, irritations to the eyesn nose and tbnatl; Whercas atnong tk 15.7% of students nationwide who cunently smoke cigarettes and were less than 18 years old, l4.lTo usually obtained them by buying them in a store (i.e. convenience stor€, supermarket, or discount store) or gas station2; Whereas nationally in 2009, T2o/o of brghschool smokers and 66% of middle school smokers wers not asked to showproof of age when pr:rchasing cigarettes3; Whereas the U.S, Oepamnot of Health and Hrman Sernices has concluded thst nicotine is as addictive as cocaine or heroina; Wheres despite state laws pohibiting the sale of tobacco products to minors, access by minors to tobacco pro&rcts is a major public health problem; Whercas many non-cigarette tobacco products, such as oigars and cigarillos, san be sold in a single *dose;" eqjoy a relatively low ta:c as cornpared to cigarettes; are available in finrit, candy and alcohol flavors; and are popularamorg youths; Whereas accordirig to the CDC's youth risk behavior surveillance system, thc percentage of high school studems in lvlassachusetts who reported the use of cigars within thc past 30 days went from Ll.$o/o in 2003 to 14.9/oin 20096; 1 center for Disease Control and Prevention, {CDC) lz}Lzl, Health Efects of Clgarette Smoking Fad Sheet Retrieved from: hftp;//urww.cdc.gov/tobacco/data-statisticefact-sheets/heafth-effectVeffects_cig_smolingfindex.htm. t COC 1ZOOO1, Youth Risk Eehavior, Surveillance Summorles lMorbidity and Mortality weekry Report (MMWRI 2010: 59, 11 (No. SS- 55)) Retrieved from: httpi//wr,rnr.cdc.gov/HealthyYouth/yrbr/jndex.htm. ' CDC Office of Smoking and Health, National Youth Toboceo Suruey,2@9, Analysis by the American Lung Association (AtA), Research and Prograth Servkes Division u$ng SPSS software, as neported in "Trends in Tobacco Use', ALA Research and program Services, Epidemiology and Statistics Unit, Juh 2011. Retrlevedfrom: www.lung.org/finding<ures/our-research/tren& reportsfioba cco-Tren d -Report,pdf . t CDC (ZO1O), How Tobaca Smoke Couses Dbease: The gtology ond Behavioral Basis for Smoking.AttributableDisease. Retrieved from: http',1/www.cdc. gov/tobacco/data_statistics/sgr/2010/. 'CDC (2009), Youth Rist Eehavior, Surveillance Sumrnories (MMWR 201.0:59, 1a note 5). Retrieved from: http :www.cdc .gov / n'mw r/ pdf I ss/ss5 905.pdf. " cDc (2009) Youth Risk 8e havlor, survelllance summaries (MMWR 2010: 59, 72 (No ss-55)). Retrieved from: www.cdc.eov; and cDC (2003). Youth REk Behavior, survetllonce summariis(MMwR l0o4: s3, s4 (No. ss-02)). Whereas $rvey results show that more youth re,port that they have smoked a cigar product when it is mentioned by name, than report that they smoked a cigar in general, indicating that eigar use among youth is underre,portedT; Slhereas in Massachusetts, youth we of all other tobacco products, including cigars, rose from 13.3% in 2003 to 17.60/o in 2009, and was higlrer than the rate of current cigaette use (167o) for the first time in historys; Whcreas rescar,ch shows tbat increased cigar prices significantly decreased the probability of male adolescent cigar use and a l0% increase in cigar pnc€s would reduce use by 3.4o/oe; Whereas nicotine levels in cigars are generally much higher than nicotine levels in cigaretteslo; Whereas Non-Residential Roll-Your-Oum (RYO) machines located in retail $ores enablc retailers to sell cigarettcs without paying the excise ta:ces that are imposed on conventionally manufactrud cigarettes, High excise ta:(es encourage adult smokers to quitll and high prices deter youth from starting.l2 l:nexpcnsive cigarettes, like those produced from RYO machincs, promote the use of tobacco, resulting in a negative impact on public health and increased health care costs, and severely rrndercut the evidence-based public health benefit of imposing higb excise ta:ces on tohcco; Whereas it is stimated that 90% of wtrat is bcing sold as pipe tobacco is achrally being used inNon-Residential RYO machines. Pipe tobacco shipments went &om I I.5 million pounds in 2009 to 22.4 million pounds in 2010. Traditional RYO tobacco shipmcnts dropped from I1.2 million pounds to 5.8 million pounds; and cigarette shipmcnts dropped from 308.6 billion sticks to 292.7 billion stick according to the Deember 2010 statistical report released by the U.S. De,partrrent of the Treasury, Alcohol and Tobacco Tax and Trade Bureau (TTB)13; Whereas tlre sale of tobacco products and nicotine delivery products are incompatible with the mission of health carc institutions because thesc products ae detrimental to the public health md their presence in health care t 2010 Boston Youth Rlsk Eehavior Study. 16.5% of Boston youth responded that they had ever smoked a fruit or candy flavored grgar, cigarillo or little cigar, while 24.1% reported ever smoking a "Black and Mild" Cigar. t Commonwealth of Massachusetts, Date Brief, Trends in Youth Tobacco Use in Massachusetts, 1993-2009. Retrieved from: http://www.mass.gov/Eeohhs2/doa/dph/tobacco-contro/adolescent_tobacco-use*youth_trends_1993 206.pdf. ' Rlngel, j., Wasserman, J., & Andreyeva, T. {2005) Effects ol Publtc Poltcy on Adohsrents' 69or tJse: Evldence from the Nattonol Youth Tobacco Suruey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar, Cuortlb and Ltttte Cigor Use omong Canodlan Youth: Are We Underestimating the Mognitude of this Pmbtem?,J. prim. p. 20lf Aug: Retrieved from: www.nebi.nim.gov/pubmed/21809109. -3J(3{):161'20. r0 Nationaf Institute of Health (NlH), Natlonal Cancer Institute (NCt) (2010). Cigar Smoklng ond Cancer. Retrieved ftom: http ://www. ca ncer.govb/ca ncertop csfi acBheet/Tobacco/dga rs. i tt Eriksen, M., Mackay, J., Ross, H. (2012). The Tobacco Atlm, Fourth Edftion, American Gncer Society, Chapter Zg, p. 80. Retrieved from : www.TobaccoAtlas.org. rz Chafoupka, F. J. & Liccardo Pacula, R., NlH, NCI (2001). The Impact al Prlce on Youth Tobocm use, Smokingand Tobacco Cantrol Monograph 74: Chonging Adolescent Smoking Prevolene) 193 - 200. Retrieved from: http;/ldccps.nih.govfCRB/monsgraphs/. "TTB(2011). StqtistieatReport-Tobacco(2011){TTBS521G,12-2010). Retrievedfrom: http ://www.ttb.gov/statistlcs | 2A!A | z0t}Lttobacco. pdf. institutions undemrine efforts to educate patients on the safe and effective use of medication, including cessation medication; Whereas cducational instinrtions sell tobacco products to a younger populatio4 who is particularty at risk for becom,ing smokers and such sale of tobacco products and nicotine aelivery prodncts arc incompatible with the mission of educational irstitutiorrs that educate I younger population about social, environmental and health risks and hanns; Now, therefore it is the intention of thc Lowell Boad of Health to regulate the sale of obacco products and nicotine delivay products. B. Authori*: This regulation is promulgated pursuant to the authority granted to the lowell Board of Health by Massachusetts General Lews Chapter 111, Segtion 31 that "Boards of Health may make reasonable healttl regulationsn. C. Definitions: For tbe purpose of this regulation" the following words shall have thc following meanings: Blunt Wrap: Any tobacco product manufactued or packaged as a wrap or as a hollow tube made wholly or in part &om tobacco that is designed or intended to be filled by *re consumer with loose tobacco or other fillers. Business Agent An individual who has been designated by the owner or operator of any establishment to be the maqager or otherwise in charge of said establisbmeat. Cigar: fuly roll of tobacco that is wrryped in leaf to6acco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as_ a cigarette r:nder Massachusetts General Law, Chapter 64C, Section 1, Paragraph 1. E-Cigarette: Any electonic nicotine or substitute delivery product composed of a mouthpiece, heating elemeng battery and/or electronic circuits that provides a vapor of liqqid nicotine or substitute to the user, or relies on vaporization of solid nicotine or substinrte or any liquid. This term shall include such devices u&ether they are manufactured as e-cigarettes, e-cigars, e-pipes, e-hookahs or rmder any other product name. Rlucational Institution: Any public or private college, school, pmfessional school, scientific or technical institution" university or other institution fiEnishing a prograrn of higber education. Employee: Any individual who performs services for an employer. Employer: Any individual, parhership, association, coqporation, trust or other organized group of individuals that uses the services of one (1) or rnore employees. 3 Health Care Instinrtion: An individual, partrership, associatioq corporation or trust or any person or group of persons that provides health care services and employs h€alth care providers lioensed, or subject to licensing, by the Massachtsetts Deparhnent of hrblic Health under M.G.L. a. Ll2 or a retail establishment that provides plurmaczutical goods and sendces and is subject to the provisions af 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals, clinics, hcalth centers, phamracies, dnrg stores, doctor offices and dentist offices. Minor: Any individual who is under the age of eighteen (18). Nicotine Delivery Product Any manufactured article or product made wholly or in part of a tobacco substitute or containirg nicotine that is expected or intended for human consumption, but not including a product approved by the Unitcd $tates Food and Drug Administration for .sale as a tobacco use cessation or hamn reduction product or for othcr midical purposes and vihich is being marketed and sold solely for that approved purpose. Nicotine delivery prodrrcts include, but are not limitod to, e-cigarettes, e-cigars, e-hookahs and similar products. Non-Reside,ntial Roll-Your-O$rn (RYO) lvlachine: A mechanical device made available for use (including to m individral vfio produces cigars, cigarettes, smokeless tobaccq pipe tobacco, or roll-your-own tobacco solely for the individual's owu penonal consurrpion or use) that is capable of making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely persoual consumption are not Non- Residential RYO machines. Permit Holder: Any person engaged in the sale or distibution of tobacco or nicotine delivery products directly to consurn€rs wtro applies for and receives a tobacco md nicotine delivery product sales permit or any person who is required to apply for a Tobacco and Nicotine Delivery Product Sales Permit pursuant to these regulations, or his or her business ag€Nrt Retail Tobacco Store: An establishment that is not required to possess a retail food permit whose primary purpos€ is to sell or offer for sale to consumers, but not for resale, tobacco pr,oducts and tobacco paraphemalia in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and mainuins a valid permit for the retail sale of tobacco products as required to be issued by the Lowell Board of Health. Self-service Disptay: Any display from which customers may select a tobacco product or a nicotine delivery prodrct without assistance from an employee or store personnel. Tobacco Product Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuffor tobacco in any of its forms. Vending Machine: Any automated or mechanical self-service device, which upon insertion of money, tokens or any other form of payrtcut, dispenses or makes cigrettcs, any other tobacco product or nicotine delivery product. D.Tobacco aad Nicothe Deliverv Productselee to l}Iinors Prohibited: 1. No person shail selt tobacco or nicotine delivery pmducts or pcrmit tobacco or nicotine detivcry products to be sold to a minor; or not being tlre minoy's parent or legal guardian, give tobacco or nicotine detivery products to a minor. 2. Required Signage a* In conformance with and in addition to Massashusetts Generat Law, Chapter 270, Section 7, a copy of Massachusetts General Laws, Chaptcr 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco products at retail. The notice shall be provided by the Massachusetts Departrrent of Public Heatth and made available from the Lowell Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the reail establishment or other place in such a nunner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly frce the purchaser and shall not be obstnrcted from view or placed at a heigbt of less than 4 feet or greater than 9 feet fiom the floor. The owner or other person in charge of a shop or olhcr place used to sell tobacco products at retail shall conspicuor:sly post my additional signs required by the ldassachusetts Deparfrent of Public Health. b. Thc owner or other person in chargc of a shop or o{her place used to sell tobacco products at retail shall conspicuously post sigrrage provided by the Lowell Boad of Health that discloses current referral information about smoking cessation. c. Thc owner or other.pason in charge of a shop or other place used to sell nicotine delivery products at retail shall conspicuously post a sign stating *The sale of nicotine delivery products to minors under l8 years of age is prohibited.' The ov{ner or other person in charge of a shop or other place uscd to sell e- cigarettes at retail shall conspicuously post a sign sating "The use of e-cigarettes at indoor establishrrents may be prohibited by local law." The notices shall be no smaller than 8.5" by 1l'and shall be posrcd conspicuously in the rebil establishment or otha place in such a mrmner so that they may be readily seen by a lprson standing at, or tbe cash rcglst€r. These notices slrall directly face the prnchaser and strall not be obstructed from view or placed at a height of less than 4 or Seater tttan 9 feet fr,orn the floor. 3. Identification: Each p€rson sclling or distributing tobacco or nicotine delivery products shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth th* the purchaser is 18 yeas old or older. Verification is required for any person under the age of 77. 4. All retail sales of tobacco or nicotine delivery products must be face-to-face betrpeen the seller and the buyer and occur at the permitted location, except as provided in Section(s)*J and K. E. Tobacco and Nicotine Dq,liyefTlroduct Srlcs Permit: 1. No person shall sell or otherwise disfribute tobacco or nicotine delivery products at retail establishments within the City of Lowell without first obtaining a Tobacco and Nicotine Delivery hoduct Sates Permit issusd anrually by the Lowell Board of Health. Only owners of establishments with a pennanent, non-mobile 5 location in Lowell are eligible to apply for a permit and sell tobacco products or nicotine delivery products at the specified location in Lowell. 2. As part of the Tobacco and Nicotine Delivery Product Sales Permit application process, the applicant will be provided with the Lowell Boad of Healtr regulation. Each applicant is required to sign a sratement declaring that the applicant has rcad said regulation and that the applicant is rcsponsible for instnrcting any and all employees who will be responsible for tobacco and nicotine delivery product sales regarding federal, state and local laws regarding the sale of tobacco and this regulation. 3. Each applicant who sells tobacco is required to provide proof of a current tobacco sales license issued by the Massachuseth Departorent of Revenue before a Tobacco and Nieotine Deliver;r koduct Sales Permit can be issued. 4. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined by the Lowell Board of Health annually. All zuch permits shall be renewed annually by January l$. 5. A separate permit is required for cach retail establishnrent selling tobacco and/or nisotine delivery products. 6. Each Tobacco and Nicotine Delivery Product Salep Permit shall be displayed at the retail establishment in a conspicuorx place. 7. No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any employee to sell tobacco products or nicotine delivmy products until such employee reads this rcgulation and ffieral and state laws regarding the sale of tobacco and signs a sateme.nt, a copy of which will be placed on {ile in the office of the employcr, ttrat hdshe has read the regulation and applicable state and federal laws and will abide by them. This statementmust be kept on file for inqpection by City agents on demand. 8; A Tobacco and Nicothe Delivery Product Salcs Pennit is non-transferable. A new orsner of an estrablistrnent that sells tobacco or nicotine delivery products must apply for a new permit. No new permit will b€ issued rtnless and until all outstanding penaltiee incuned by the previons permit holder are satisfied in full. 9. Issuance of a Tobacco and Nicotine Delivery Prodr:ct Sales Permit shall be conditioned on an applicant's consent to unamomce4 periodic inspections of hislher retail establishment to en$r€ complibnce with this regulation. l0: A Tobacco ard Nicotine Delivery Product Sales Permit will not be renewed if the permit holder has failed to 'pay all'fines issued and the time period to appeal the fines has expired and/or has not satisfied any outstanding permit suspensions. F. Cieer Sales Rcsulated: 1. No retailer, retail establishmenq or other individual or entity shall sell or distibute or cause to be sold or distributed a cigar rmless the cigar is contained in an original package of at loast four (4) cigars. The original package of at least four {a) cigars shall be sold at the market r*ail price or at five dollars ($5.00) whichever price is higher. 2. This Section sball not apply to: a The sale or dishibution of any eigar having a retail price of turo dollars and fifty cents {$2.50) or more. b. A person or entity engaged in the business of selling or disuibuting cigars for cornrnercial puqposes to another person or entity engaged in the business of sclling or distributing cigars for commercial purposes with the intent to sell or distibute outside the borurdaries of Lowell. c. Retail Tobacco Stores. 3. The Lowell Board of Health may adjust from time to time the arnounts specified in this Section to reflect changcs in the applicable Consuner Price Index by amendment of this regulation. G. Prohibition of the Saleof Btunt Wrans: No person or entity strall sell or distriburc blunt wraps in Lowell. . H. i'reeDistribution end Counon Rcdemotion: No person shal distibute, or causc to be distributed, any free samples of tobacco products or nicotine delivery products. No means, insmments or'devices that allow for the redemption of dl tobacco products or nicotine delivery products for free or cigarcttcs at a price below the minirnrm retail price detEmined by the Massachusetts Deparbent of Revmud shall bc acccptd by any permit holdei.: . , .; '.1 I. O ut-of-Pe*ege Saleg.: The sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. No person may sell or causc to be sold or disfribute or cause to be distibuted any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. J. Fplf-scrvice Displays: . All self-serrrice displays of tobacco produca and/or nicotine delivery products are prohibited. All humidors including, but not limited to, walk-in htmidors must be locked. :Ihq,only.self-service displays that are perrrissible pursuant to U.S. FDA and lv{assachusetts Attorney General regulations are displays that are located in Retail Tobacco Stores that ensrne that no person youger than eighteen (18) years is presen! or permitted to enter, at any time. For the purpose of this section" entering mean$ crossing the threshold of a door or entr5 my. K. VendirsMifhires: All tobacco and/or nicotine delivery product vending machines are prohibited. The only vending machines that are permissible pursuant to U.S. FDA and Massachusetts Attomey General regulations are machines equip@ with lock-out devices, located in facilities that enqwe that no person younger than eighteen (1S) yeArs is present, or permitted to enter at any time, and that hold valid pouring liquor liccnses. A lock-out device locks out sales from the vending machine unless a release mechanism is tiggered by an employee. The release mechanism must not allow continuous operation of the vending machine and must be out of the reach of all consumers and in a location accessible only to employees. Any vending machine which dispenses tobacco, or tobacco products therefrorn, shall not also dispense any non-tobacco products from the same machine. L. Non-Residential Roll-Your-Own Maehines: All Non-Residential Roll-Your-Own machines are prohibited. M. Prohibition of the SaIo of Tobacco aud Nicotine llelivery Productc by Health Cere lrctitutions: No health care in*iartion located in Lowell shall sell or cause to be sold tobacco or nicotine delivery products. No rdail establishment that op€rates or has a health gare institrtion within it, such as a phar:nacy or &ug store, shall setl or cause to be sold tobacco products or nicotine delivery products. N. Prohibition of the Selc of Tobecco and Nicotine Deliven, Products bv Educrtional Institutions: No educational institution located in Lowell shall sell or cause to be sold tobacco or nicotine dclivery products. This includes all educational instittrtions as urell as any retail establisbments that operate on the property of an educational institution. O. Violations: l. It shall be the responsibility of the establishment, pcrmit holder and/or his or her business ag€Nrt to bnsrre compliance with all scctions of this regulation pertaining to his or her distibrrion of tobacco and/or nicotine delivery products. The violator shall receivc: Inthe case of a first violatioru a fine of one hundred dollars ($100.00). In the case of a second violation within 24 months of the date of the current violation, a fine of nro hundrecl dollars ($200.00) and the Tobacco and Nicotine Delivery Product Sales Perrnit shall be suspended for seven (7) consecutive business days.  c. In the case of three or more violations within a 24-month period, a fine of three hundred dollars ($300.00) and the Tobacco and Nicotine Delivery kodust Sales Permit shall be suspended for thirry (30) consecutive business days. 2. Refusal to coop€rate with inspections pursuant to this regulation slrall result in the zuspension of the Tobacco and Nicotine Delivery hoduct Sales Permit for ttrirty (30) consecufive business days. 3. In sddition to the monetary fines set above, any permit holder who engages in the sale or distibution of tobacco or nicotine delivery products directly to a consumer vfiile his or her permit is suspended shall be subject to the suspension of all Board of Health issued permits for thirty (30) consecutive business days. 4. The Lowell Board of Health shall provide notice of the intent to suspend a Tobacco and Nicotine Delivery Product Sales Pemrit, which notice shall contain the ieasons thscfor and cstablish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The pernrit holder or its business agent shall have an opportwity to be heard at zuch hearing and shall bc notified of tbe Board of Health's decision md the rieasons thereforc in uniting. Aftcr a heaxiag, the Lowell Boad of Health shall suspend the Tobacco and Nicotine Delivery Produc-t Sales Permit if the Board of Hcalth finds that a violation of this regulation occrured. For purposes of such zuspensions, the Board shall make the determhation notu'ithstuding any separate criminal or non-criminal proceedings brought in court hererurder or under the Massachusetts General Laws for the same offense. All tobacco products and nicotine delivery products shall be removed from the retail establishment ulron suspension of the Tobacco and Nicotine Delivery Product Sales Permit. Failure to rcmove all tobacco and nicotine delivery products shall constitute a separate violation of this regulation. P. Non4rimiual Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense. O. Enforcement: Enforcemeirt of this regulation shall be by the Lowell Board of l{ealth or its designated agen(s). Any resident who dosires to register a complaint pursuant to the regulation may do so by contacting the Lowell Board of llealth or its designated agen(s) and the Board shall investigate. R Severabiliw: If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force aad effect S. Revoeation: The Board of Health of the City of Lowell, by enactnent of these rules and regulations restricting the sale of tobacco products and nicotine delivcry products, revokes and cancels, in their entirety, any previous rules and regulations pertaining to tobacco use, sale and adve*ising adopted by said Lowell Board of Health. T. Adoqtion and Effoc{ive Da,tes: This regulation was adopted on rr/qlo and it shall take effect on January l,Z0l4. 4. Paulette Ronault-Caragianes, RN, MPA 5. Willian J. Gahin, UI, MD A True Copy Attest Donna M. Cox Secretary to the Lowell Board of Health 10 L Jugmilffi  MA SOC Filing Number:201721863080 Date:31212017 11:57:00 AM The Commonwealth of Massachusetts ffi William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, lTth floor Boston, MA 02108-1512 Telephone: (617) 727 -9 640 ldentiflbatlon Number: 043 197880 l. Exact name of the corporation: CHELMSFORD STREET OUICK MART INC. 2. Jurisdictlon of Incorporation: State: MA County: 3,,0. Street addross of the corporation reglstered offlce In the commonwealth and the name of the reglstered agent at that office: Name: TANNOUS KAYROUZ No. and Street 309 CIDLMSFORD ST. City or Town: LOWELL State: MA Zip: 01851 County: USA 5. Street address of the corporatlon's princlpal offlce: No. and Street 309 CIMLMSFORD ST. City or Town: LOWELL State:MA 6. Provide the name and addresses of the corporation's board of directors and lts presldent, treasurer, secretary, and lf dlfferent, lts chief executlve officer and chief financlal offlcer. Tltle lndividual ilame Address (no Po Box) First, Middle, Last, Suffix Address, City or Town, Statb, Zip Code PRESIDENT JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA 01568 USA TREASURER JOHNNY KAYROUZ 179 NORTH STREET UPTON. MA 01568 USA SECRETARY JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA 01568 USA DIRECTOR JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA 01568 USA 7. Briefly describe the buslness of the corporatlon: CONVEMENCE STORE RETAIL SALES Par Value Per Share Total Authorized by Articles Total lssued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num ofShares Total Par Value Num ofShares CNP $0.00000 1,000 $0.00 1,000 9. Check here if the stock of the corporation is publicly traded: 10. Report ls filed for fiscal year ending: l2/3ll 2016 Signed by JOIINI\IY KAYROUZ, rts PRESIDENT on this 2Day of March, 2017 @200'l - 2017 Commonwoalth of Massachusetts All Rights Reserv€d 8 JtJgffiID(fl  MA SOC Filing Number:201888758010 Date:31512018 3:07:00 pM The Commonwealth of Massachusetts Minimum Fee: $100.fi1 William Francis Galvin Secretary of the Commonwealth, Corporations Division One Ashburton Place, lTth floor Boston, MA 02108-1512 Telephone: (617) 7 27 -96/;0 ldentlflcation Number: 043 197880 1. Exact name of the corporatlon: CHELMSFORD STREET OUICKMART INC. 2. Jurlsdiction of Incorporatlon: State: MA Counfy: 3,4. Street addrees of the corporatlon reglstered offlce in the commonwealth and the name of the reglstered agent at that office: Name: TANNOUS KAYROUZ No. and Street 309 CTIELMSFORD ST. City or Town: LOWELL State: MA Zip: 01851 County: USA 5. Street address of the corporatlon's prlnclpal office: No. and Street: 309 CI{ELMSFORD ST. City or Town: LOWELL State: MA zip: 01851 Country: USA 6. Provlde the name and addresses of the corporation's board of directors and its president, treasurer, secretary, and if different, its chlef executive offlcer and chief flnancial officer. Tltle Indlvidual Name Address (no pO Box) First, Middle, Last, Suffix Address, City or Town, State, Zip Code PRESIDENT JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA 01568 USA TREASURER JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA 01568 USA SECRETARY JOHNNY KAYROUZ 179 NORTH STREET UPTON, MA01568 USA DIRECTOR JOHNNY KAYROUZ 179 NORTH STREET UPTON. MA 01568 USA 7. Briefly describe the buslness of the corporation: CONVEMENCE STORE RETAIL SALES 8. Gapital stock of each class and series: Par Value Per Share Total Authorized by Articles Total lssued Class of Stock Enter 0 if no Par of Organization or Amendments and Outstanding Num ofShares Total Par Yalue Num ofShares CNP $0.00000 1,000 $0.00 1,000 9. Check here if the stock of the corporation is publicly traded: 10. Report fs flled for fiscal year endlng: l2/3ll 2017 Signed by JOHI\tltY KAYROUZ , lts on this 5 Day of March,201E @ 2001 - 2018 Commonwealth of Massachusetts All Rights Res6rv6d  ,Y T AJ- Lowell Board of Health Hearing September 5, 2018 tVrf,,ft 1t (4 - t )a t rt -\ Purpose: The purpose of this hearing is for the Board to consider the suspension of the Tobacco Product Sales Permit issued to Pete's Gulf, 185 woburn St, for a period of seven (7) consecutive business days. Rule: Pursuant to the Lowell Board of Health regulation Restricting the Sale of Tobacco Products, a retailer that sells tobacco to a minor for a second time within 24 months shall receive a fine in the amount of $200 "and the Tobacco Product Sales Permit shall be suspended for seven (7) consecutive business days." Summarv of the Facts: Pete's Gulf sold a pack of Marlboro cigarettes to a 17-year-old boy on 6118118, during routine compliance checks conducted by the Lowell Tobacco Control Program. This was the establishment's second offense in the last two years; a previous violation had occurred on 06/1 7lr7 . Board's Decision:  * * ao *3 s' * l.rro g$ S\r * *I B€ *t' ri 6\ s% qaa ?j gd .F. t" fir *S .R- =: ::5 :S F$$o N *Q r ss 6d S.:.S o'R S% s *$ts (t) s'R ^\< Sr..'F* -- qs': *. ^J I+. EAR X>s iid * I $f r v- :6',S s.u lh. O R *:.5r \ tt: \ GR 3F: S h l* iq ir$s$ FS FQ X s' a sl. FI 19 ! rSF =\s !.Fri lkSa =.d-i s s 3.R f{ s O FI .R' (-? x Q rr€ s' F R.$p$ fri |\ = tD s$:$Y $e.3 : R G' N S.S: ss;$ B *S x.s s f.., ss R$ E$$ $ G. s .: s il^Rls s k9 $s NS * yl S. F e' +\-. s d\r c-: s:r' > S. "ii $EEi* *X'U,i - 0 \RN. tss s'{: SN tD s::. q\ kd S \s NX :t h<s 1l q$ Soo F\\f < S = i\!T€ {$s \s tr SFi iR |.g Y\ <v, IN $f \o" f*A t\ c4+ %Fa $a{ S >r\ Ft <.i \p {i (D $: kd +"R = =S E N- ;' RD i.* 6'\ t\ ID e(\ q Oa o ;s* sl- -l G S sY -FI N -. \ o E a - vFr. -l tso O o -o FI - e N Oo  Female 80 3Lo/o 70 60 Female, 50 Male,37 Female, 33 L2 and U 0 IT 40 Priority 1 26 30 27 13-15 0 20 Priority 2 23 10 L6-t7 0 18 Avg Age 78-21 2 Avg Red are weekends (below) 22 0 Mon 9 1.8 23 L 6 Tue Wed 1,4 8 2.0 2.8 7 6 5 oo$l'o 24 25 3 t Thu 6 1.2 lt r lllll,l,, ,1, ,lll,, n l,, rl l, r 26 4 Fri 15 3.0 27 4 Sat L! 2.8 r 1"2345678 28 5 9 1011 12 1,3 14 15 t6 t7 18 L9 20 21 22 23 24 25 26 27 28 29 3A 31 Sun 4 1.0 29 4 30 5 37 4 32 3 Private Residence Lowell FD 5 Lowell PD 7 7 2mg doses 33 t Public Location- Inside Trinity ALS 1 Trinity BLS 7 9 4mg doses 34 L Public Location- Outside LGH ALS 2 Other 5 2 6mg doses 35 4 Residentia I I nstitutuion Park Ranger t 3 8mg doses 36 3 Acre 4 Back central 17 centraville 5 Downtown 1G Highrands G 37 0 Lw Blv 6 lw Highlands 6 Pawtucketville 5 Sacred Heart L south Lowell 1 38 2 Lowe||43,Lawrence3,Mar|borough,Dracut,Che|msford,Bi||erica,Huffioth, 39 1, Boston, Westford, Nashua each with 1. 7 blank 40 0 4t t 42 t 43 L 44 2 45 0 46 0 Total 47 3 Av 48 I 49 L Q1 Q2 Q3 Q4 Yr avg Q1 Q2 Q3 Q4 Yr avg 50 L 2013 0.7 L.2 L.L 0.6 0.9 20L3 0.3 0.4 0.5 0.2 0.3 51-55 4 20L4 0.8 L.4 1.6 L.4 1.3 20L4 0.3 0.6 0.8 0.9 0.7 56-60 3 2015 L.4 t.7 1.9 r.4 1.6 2015 0.8 0.7 0.9 0.8 0.8 61-65 L 20L6 t.7 1.6 2.0 L.9 2AL6 1.0 66-70 0 2OL7 2;0: 2.2 20L7 1.3 2018 ,,:$:' 2018