BROCKTON — Seven Brockton businesses are facing fines and a three-day loss of tobacco sales for allegedly recently selling products to a 16-year-old.
Commissioner of Buildings James Plouffe said that an agent of the Massachusetts Officers Health Association performed a tobacco sale sting at 50 businesses in Brockton on Nov. 7.
"I am dismayed that seven of these establishments not only failed to ask for identification of the 16-year-old female, but also sold a tobacco product to her," Plouffe said at a Brockton Board of Health meeting in December.
Businesses that are alleged to have sold tobacco to the minor are able to dispute the ruling, but Plouffe said they can't appeal the penalty.
"The only issue before you today is whether or not the 16-year-old female was sold a tobacco product," he said. "The fines and suspension are nonnegotiable."
What is the penalty under state law?
State law mandates a $1,000 fine and a three-day license loss for the ability to sell tobacco products, Plouffe said.
The seven businesses all received cease and desist orders for selling a tobacco product to a person under the minimum legal sales age.
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7 businesses allegedly sold tobacco to minor
Those businesses are:
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Brockton Smoke Shop II, at 225 E. Ashland St.
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Petro Save, at 514 N. Main St.
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1666 Liquor, at 1666 Main St.
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Go Smoke Corporation, at 743 Belmont St.
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Cumberland Farms, at 306 Crescent St.
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Crescent Variety, at 163 Crescent St.
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Saisha Inc., at 443 Crescent St.
Only three of the businesses — Crescent Variety, Petro Save and Saisha Inc. — requested a hearing with the board of health to dispute the allegations.
Two appeared before the board in December. A third, Saisha, requested a hearing at a later date due a scheduling conflict, but then didn't appear at the Jan. 4 meeting they were on the agenda for.
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Petro Save appeals
Yaniv Sostiel, the owner of Petro Save Group with three gas stations in Brockton, didn't dispute that an employee of his sold tobacco to the underage agent. He said he has since fired that employee, but he asked the board of health for compassion as a business owner.
Sostiel said he properly trains employees and imposes and updates regulations and technology.
"I'm not Cumberland Farms … three days without selling tobacco, you can shut down the place. Nobody's going to show up over there, especially here in the city," he said. "I'm almost speechless because I don't know what else I can do."
George Fiske, a board of health member and owner of a city funeral home, said he does feel for Sostiel as a business owner, but that the board's hands are tied.