7 Brockton businesses sold tobacco to a 16-year-old. They face these penalties

Cody Shepard, The Enterprise

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."

Marlboro Menthol and Newport cigarettes for sale at 7-Eleven in Tarrytown, Nov. 28, 2022. A proposed ban will stop the sale of menthol cigarettes in Westchester County.
Marlboro Menthol and Newport cigarettes for sale at 7-Eleven in Tarrytown, Nov. 28, 2022. A proposed ban will stop the sale of menthol cigarettes in Westchester County.

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:

  • Brockton Smoke Shop II, at 225 E. Ashland St.

  • Petro Save, at 514 N. Main St.

  • 1666 Liquor, at 1666 Main St.

  • Go Smoke Corporation, at 743 Belmont St.

  • Cumberland Farms, at 306 Crescent St.

  • Crescent Variety, at 163 Crescent St.

  • 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.

"It comes back on us when they fail," Fiske said. "We're responsible for our business, no matter what."

Previous violations

Sarah McColgan, the director of the Massachusetts Health Officers Association Tobacco Control Program, said Petro Save has had multiple violations in recent years, including on Oct. 28, 2021, and April 30, 2022.

"This is not their first sale," she said at the December meeting.

Crescent Variety also appeals

Jaimin Soni, the owner of Crescent Variety, also appeared before the board in December. He was joined by his employee, Alexander Santana, who told the board he was the one on the clock at the time of the underage sale.

Santana said he disputed the sale at first, but after reviewing video surveillance, he determined it happened when he had taken a bathroom break that day. His 19-year-old daughter sold tobacco to the underage agent, he said.

Board of health rejects appeals

Ultimately, Fiske and Craig Andrade, the other board of health member, voted to deny the appeals and imposed the $1,000 fines and three-day license suspensions.

"We've had 40-something other institutions that were able to succeed without any mistakes," Andrade said. "Human error is part of being human and finding ways to override humans' mistakes are available."

Enterprise senior reporter Cody Shepard can be reached by email at cshepard@enterprisenews.com.

This article originally appeared on The Enterprise: Brockton businesses fined, suspended for selling tobacco to minor

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