Somerset Tobacco Sales Decision Delayed

Source from:  December 26, 2007 By C. Eugene Emery Jr. Journal Staff Writer  12/27/2007

The Country Farms smoking saga is going to last a bit longer. A decision on whether to issue a 30-day suspension of the tobacco license for the Country Farms Convenience Store has been postponed until next month, at a date to be chosen later. The Board of Selectmen, sitting as the Board of Health, had originally scheduled a vote for today at 4 p.m. Chairman Lorne Lawless said Monday the decision was being put off because of the holidays and because "we want to make sure we have given proper notice" to the owner, Aboubakr "Bucky" Elsayed. At last week's board meeting, Lawless and William P. Meehan seemed ready to issue the 30-day suspension because the store allegedly sold tobacco to a girl on three separate occasions on Oct. 8. They also wanted to cite Elsayed for not cooperating with the police in their investigation because he has repeatedly refused to identify the clerk who made the third sale. Last week's decision was put off because Elsayed wasn't given enough advance notice about the obstruction allegation. Elsayed's lawyer, Matthew Aspden, has argued that a suspension would be unfair because all three citations were tossed out of District Court by a clerk magistrate who found that the paperwork was not drafted properly. Aspden also complained that, by issuing all three citations on a single day, Elsayed was not given an opportunity to correct the problem. As for Elsayed's alleged refusal to identify the employee, Aspden says the owner has a constitutional right to remain silent on the matter. The police chief has argued that because a tobacco sales license is a privilege, not a right, and because license holders in town are required to cooperate with town inspections, Elsayed and other holders are required to disclose information on employees accused of breaking the law. Eleanor Gagnon, the third member of the board, said last week she would oppose the suspension because of irregularities in the way the town tried to enforce the ordinance. On Monday, Gagnon said she supported the delay. "We need to step back and assess the situation," she said. "We need to send a message that we're not going to tolerate selling tobacco products to children. End of story. However, at the same time, we have to be cognizant of other people's rights and do things according to the law." "This way," she said, "it can be done correctly and methodically." Enditem