Sarah “Nancy” Dube, the proprietor of Lighthouse Liquors (664 Mill Street), gave an impassioned plea to the Marion Board of Health during its January 11 public meeting in response to an official report that the store had sold a package of cigarettes to a minor.
The board was apparently moved by Dube’s remarks and while powerless to override a $1,000 fine, limited its suspension of the store’s license to sell tobacco products to one day and allowed a six-month timetable on payment of the fine.
“I’m very, very careful about (checking ID’s),” said Sarah Dube, noting she has worked in the store for 14 years. “I never, ever sold to a minor.” Dube said she spends every hour making sure no minors get into her store “because I also have a minor in my house.”
Dube further stated that she had never been told of any trouble at her store in 14 years.
“I always knew that a person like me, it takes that much to be accused of something I did not do,” she said, placing her finger and thumb close together. “So I’m very, very careful. … If it happened, it happened,” but Dube insisted she has never sold to a minor knowingly. “I’m always careful in my life because I know who I am.”
Megan DaCosta, the regional Tobacco Control program manager, reported to the Marion Board of Health that based on semiannual compliance checks, on December 27, a youth entered Lighthouse Liquors at 10:21 am, approached the clerk asking for a pack of Camel Blue cigarettes ($14.73) and that the clerk did not ask for age or legal identification. The amount was paid in $15 cash, but due to a register malfunction, change was not provided.
“This is the first violation with the town; however, we do get records about a month delay from (the Food & Drug Administration) because they have their own compliance-check program,” said DaCosta. “And there have been sales in the past. About a year ago was the second from the FDA, and at that point, they issued a civil money penalty.”
After that receipt and a discussion with Marion Health Director Lori Desmarais, DaCosta reported having conducted an educational visit to the store to ensure it is understood that the town does not have the option under a recent change in state law to issue a warning on such a violation.
“But, unfortunately, we’re here, and a sale did happen,” said DaCosta.
Dr. Ed Hoffer, the board’s chairman, noted that a fine had been paid following the federal inspection.
“Regulations are fairly clear cut. There’s a $1,000 fine and suspension of tobacco sales for – I believe it’s up to three days,” said Hoffer, inviting the proprietor of the store to respond to the complaint.
Paul Dube, store owner Sarah Dube’s husband, said, “Sarah has never sold to a minor, she always tries to ask for an ID for everything. We don’t know who this minor was, we’d like to know how. That board has told us that you don’t send people in without an ID to try to target stores. We understand that. But how would the board have found out about it if that happened? If that happened?”
What Paul Dube did not understand until clarification was later achieved was that, while the town did not send the youth into the store on December 27, other larger jurisdictions like the state or the federal government, did.
“We have an ongoing inspection program which specifically does try to find out who obeys the rules and who doesn’t, and Megan is in charge of this for the whole south-coast region,” answered Hoffer. “It’s not that we’re picking on you, the same thing is done in every establishment.”
“I’m not saying that,” said Paul Dube. “I’m just saying, ‘what is the procedure?’”
Sarah Dube said she complies with the required practices of asking customers for their age and ID.
DaCosta further explained that youth that get sent into stores “never have an ID on them” and pose one of the biggest challenges to the inspection authorities.
Paul Dube received clarification that the government does, in fact, send minors without ID’s into stores to test procedures. The municipal government does not, but according to DaCosta, there are many programs under larger jurisdictions that share information.
DaCosta told the board she had visited the store on January 25, 2023, to conduct a routine inspection but also to discuss the FDA violations from the previous December. DaCosta considers her inspection the warning because, at the state level, there is no warning and the first offense is a $1,000 fine.
Hoffer explained that the best the Marion Board of Health can do to mitigate the FDA-imposed fine is to allow it to be paid out over time. “The one thing we do have leeway on is how long the sale (of tobacco products) would be suspended,” he said.
The fine is established at $1,000, according to the board.
“Basically, somebody like Cumberland Farms … that would be nothing, but the smaller ma-and-pop stores, I’m sure it’s a substantial hardship,” said board member Albin Johnson.
Johnson also pointed out that the phraseology in the one to three-day suspension uses the verb “may,” indicating that a suspension is optional as judged by the board.
“If I have a choice, I prefer to scare the bejeezus out of you,” said Johnson.
DaCosta said she is authorized to describe anyone between ages 16 and 20 years, 11 months, as youth. “However, I’m only utilizing high school-age students, so they’re all 16, 17 or 18. This particular youth had turned 18 in November,” she said.
Board member Dr. John Howard reminded the discussion that there had been prior violations.
“And I do understand how difficult it can be in a store and a setting where you look at somebody and you think they’re older, and they’re not. However, nicotine in any use, any amount, as you know, is dangerous to health, and we worry about the health of the folks in Marion and nicotine big time and have for many years. In fact, this board … was one of the first to really clamp down on nicotine issues,” said Howard. “Dr. Hoffer and I are physicians, and we feel very strongly about folks, so I think we’d like to get that message out there.”
Howard recommended, based on the prior violation recorded by the FDA, that the board levy a one-day sales suspension (in addition to the $1,000 fine it cannot cancel.)
The three members of the board voted unanimously to approve Howard’s recommendation.
Desmarais noted that the fine is payable within 21 days unless scheduled differently by the board. Paul Dube said he would like to set up a payment plan. The board agree on a six-month schedule for payment of the fine.
In her update, Health Agent Shallyn Rodriguez reported to the board on housing inspections and complaint updates, including 711 Mill Street, where two inspections were conducted after a carbon monoxide incident. Her next inspection is scheduled for March 7, and Rodriguez noted that the homeowner has been giving the town weekly updates on the situation.
Tina Clark, the owner of the property, attended the meeting and explained that the plan is to renovate the apartment where the damage occurred, but due to multiple logistical hardships says an extension on her timeline is necessary. No one is living in the apartment or the connected 713 Mill Street address.
Public Health Director/Nurse Lori Desmarais said the board should maintain its plan to conduct a March 7 inspection.
In her update to the board, Desmarais reported that the town is still offering flu shots; she cited that the severity of influenza in the area is high.
Vaccinations will also be supported by the $5,000 granted Massachusetts towns under the Public Health Excellence Grant.
The next meeting of the Marion Board of Health is scheduled for Thursday, February 8, at 4:30 pm.
Marion Board of Health
By Mick Colageo