Berkshire Pipe and Tobacco in Pittsfield barred from selling tobacco after repeat violations

PITTSFIELD — After repeated violations, Berkshire Pipe and Tobacco can no longer sell tobacco products.
The Board of Health last week upheld its Dec. 3 decision to permanently revoke the store’s tobacco permit after a Department of Revenue inspection on Aug. 25 found untaxed tobacco products at the Tyler Street store, despite a prior suspension that prohibited any tobacco sales.
“You're in a situation where, having been given a number of chances to get off suspension, get off fines, you've gotten to the point where you're selling an unlicensed product in our city, despite the fact that you shouldn't have anything on site,” said board member Dr. Jeffrey Leppo. “I can't think of any other way we can deal with this, other than to leave it as a revocation.”
The permit had been suspended in March after the store was cited for selling flavored tobacco products, which are prohibited in Massachusetts due in part to their appeal to youth, in addition to missing required signage and failures to check identification. The license otherwise would have been up for renewal Dec. 11.
“There's been enough opportunity for this establishment to correctly remove all products from the establishment and make sure that they're upholding their suspension, which clearly they were not,” said Andy Cambi, Pittsfield’s director of public health.
Board member David Pill said the Department of Revenue removed untaxed tobacco products from the store’s shelves during the August inspection, meaning someone had gone "up to New Hampshire and bought cigarettes and had them in the store where they shouldn't have been.”
Following the vote, the store’s owner was directed to immediately cease all tobacco sales and remove remaining products from the premises.
With the revocation, the city now has one fewer tobacco permit. Pittsfield is not accepting new tobacco permit applications, meaning the loss is permanent.
Store representative Nipun Saluja apologized during the meeting and cited a June inspection report that showed no tobacco sales at that time. Board members said that single inspection did not outweigh what they described as a pattern of noncompliance.
“I've only been on the board about two years now, I think we've seen you about three times since I've been on the board,” Pill said. “You apologize a lot, but an apology has zero value if action and behavior doesn't change, and your behavior hasn't changed.”
With tobacco being the store’s main product, Saluja asked the board how the business is supposed to survive without the permit. Though the fate of the business remains uncertain, the board made it clear that it will not be selling tobacco.
“It's unfortunate that you don't have any other products to sell to keep your business afloat, but it doesn't change the circumstance at all that we can't really trust you to not sell tobacco products,” said Chair Roberta Elliott. “We take that very seriously, because we know that kids start smoking at a very young age because they have access to those products.”
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