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Two Businesses Cited For Selling Tobacco To Minors

Two Chautauqua County businesses have been cited for selling tobacco products to minors, one of which has been cited in the past and could be banned from selling tobacco in the future.

According to the Chautauqua County Board of Health, Patrick’s Enchanted Smoke Shop, located at 512 West 7th St., Jamestown sold tobacco paraphernalia to a person under the age of 21. The business was fined $300 plus the $250 NYS required surcharge. It was also assigned two points to their license.

In the north end of the county, the NF Ozone, located at 45-47 East Main St., Fredonia sold tobacco products to a person under the age of 21. In January 2022, the business had been cited for selling tobacco products to a person under the age of 21 as well.

Because the business had previously been cited, it was fined $1,000 plus the $250 NYS required surcharge of $250.

In addition to being fined, the business was assigned another two points to their license.

Because this business now has four points on its license, the county Health Department will inform the state Department of Tax and Finance, which may ban the business from selling tobacco or lottery products for a year.

According to Jessica Wuerstle, both businesses requested to go before a hearing officer, however in both cases, no one from the business attended the hearing.

She said the hearing officer ruled that both businesses were guilty.

During the county Board of Health meeting, Wuerstle noted that two other businesses have temporarily lost their licenses to sell tobacco and lottery products, one in Fredonia and one in Dunkirk.

Fredonia Food Mart and Deli, located at 33 Temple St., and Dunkirk Express, located 81 E. Fifth St., are banned from selling tobacco or lottery products until June of 2025. Both have been found guilty of violating the state’s underage tobacco law twice within a three-year period.

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