Town says cigar store isn't complying with rules

[El Presidente]

Town says cigar store isn't complying with rules

By Danielle Ameden/Daily News staff MetroWest Daily News Posted Jul 16, 2011 @ 12:26 AM

FRAMINGHAM — In an age when people are buying everything from groceries to cars online, Watch City Cigar says it competes with tobacco e-tailers by letting customers of its Rte. 9 smoke shop freely touch and sniff a selection of cigars.

But while unlocked cabinets are good for business, the Board of Health says they violate local and state self-service regulations.

The health board has called Watch City in for a hearing Monday to answer to that and seven other violations.

Inspectors who visited the 497 Worcester Road shop in May also found Watch City was selling non-tobacco products, in violation of its 2000 variance. The store was also failing to contain smoking to a back room, inspectors said.

The store's operators are fuming, and they plan to take a lawyer with them to the hearing.

"It's a bunch of BS," manager Danny Patel said yesterday. "Locking case(s) - it's just going to put me out of business, basically. I can understand no smoking in a retail area."

The Board of Health voted 2-1 in 2000 to grant the tobacconist a variance from town regulations that prohibit smoking in public places, issuing four specific conditions.

The vote stipulated that smoking be confined to a separate, enclosed area off the sales floor, that the store have proper ventilation for the smoking, that an approved sign on the front door let visitors know that smoking is allowed inside the facility, and that only tobacco products be sold there.

An inspector stumbled across a problem when the board ran a tobacco sting, Board of Health Director Ethan Mascoop said. Watch City failed that check by selling cigarettes to a 17-year-old.

Mascoop and inspector Felix Zemel returned May 20 for a full inspection.

They found Watch City was selling products such as kitchen knives, clothing, walking canes and chess sets, according to a hearing notice.

Also, among other problems, the ventilation system wasn't certified by the Board of Health, and there was no sign on the door announcing that smoking is allowed inside.

"My information is, they have exceeded the bounds of their permit at this point," said the board's chairman, Mike Hugo. "We need to address that and find out whether or not there's some punitive measure that's due."

The board could also decide to work something out with Watch City or amend the variance, Hugo said.

Watch City plans to propose getting around the locked cabinet requirement by becoming an over-18-only shop.

"It's a cigar store," said tobacconist Ernest Quintiliani, who has worked there for 11 years. "Our feelings are that we need to educate the board about the fact that we are in a different situation. We're not a convenience store."

Because of costs and staffing, he projected the store would be forced out of business within a year if it had to lock up its tobacco.

"People come into our store because they can feel the product, they can touch the product, they can smell the product," Quintiliani said. "It's the only thing that separates us from an e-tail store."

The Board of Health meets at 7 p.m. at Keefe Tech.

[Maron76]

If I am reading this correctly they sold to a minor without checking his I.D. This is assuming a fake I.D. wasn't used since it was not reported. This is a bad mistake knowing the scrutiny they and all other tobacco retailers are under. My opinion is they kind of brought this upon themselves. The article makes it sound that this was the reason for the full inspection. Resulting in them getting popped for not complying with something as simple as posting a sign on the door.

Now I think these rules are pretty much a bunch of B.S. Designed to run these shops out of business. It is a shame that you need to jump through all these hoops to sell a product that is legal and without the tax revenue generated by these shops the government would not be able to function.

Citizen: "Hey, what happened to our police force, crimes are up 10 fold?"

Mayor: "Money from the tobacco tax dried up but don't worry, you can't buy a cigar within city limits!" ( funny thing is I can see someone run on this platform and win in some cities )

[jedipastor]

Democrat lawmakers in the US are trying VERY hard to outlaw smoking alltogether. At least this city had an exclusion to their no-smoking law for tobacco shops ... in many places in the States now you cannot even smoke in a cigar shop!! It's insane. Who's going to walk into a cigar shop and then get mad that there is smoke in there? Seriously.

[Scdalak]

I live in this area, Mass is the lliberal and democratic capital of the world. They are trying to close all the cigar shops and bars in the region. I feel for these guys, they don't stand a chance.

[TankerT]

I live in this area, Mass is the lliberal and democratic capital of the world. They are trying to close all the cigar shops and bars in the region. I feel for these guys, they don't stand a chance.

Land of the free...

[thechenman]

Land of the free...

Sadly freedom allows people to do a lot of stupid things...

[tmac77]

Have to agree with Maron. The store knew that the town would be on the lookout for any violations no matter how minor. If they had simply abided by the rules imposed, no matter how foolish they may seem, they would not be in their current predicament.

Having said that it looks like there is still a fight for true freedom from oppression in the state where the Boston tea Party started a bigger fight back in 1773

[cigarmonologues]

I'm with some of the others too. They are fairly straightforward and simple rules which have been broken, the store only have themselves to blame. Furthermore, their actions may have a negative impact on others if the city gets a bit hacked off at their non-adherence to the current rules, they may do their best to disrupt things further... There are many tobacco stores around the world who do not carry out potentially lucrative business in order that they can maintain certain smoking ban exemptions, why should this one be any different?

[PigFish]

Land of the free...

I beg to differ...

... it is land of the FEE!

[mazolaman]

Personally,I don't like the "secret shopper" thing,encitement to commit crime.

We in England are now vehemently anti smoking,so great cigars shops and bars are now closing.

Shops that have been cigar merchants for generations.

Whenever this topic appears,my question always is;

When will we ban the crap processed foods,that are making the western world obese,and costing health services millions?