A businessman who has been cited for selling tobacco and vape products in the past in Jamestown has been cited again, but this time under a different limited liability company.

It was announced during the September Chautauqua County Board of Health meeting that KNA 712 Inc. Khaled Fadel, d/b/a Royal Smoke Shop, 712 East 2nd St., pleaded guilty to selling tobacco products to a person under 21 and for having flavored vapes for sale at a retail establishment.

Fadel was fined $350 plus a required $250 surcharge selling tobacco products to a person under 21, and fined $1,600 plus a $250 surcharge for having flavored vapes for sale.

These were both listed as first-time violations.

In May, 2023, a hearing was held for Fadel doing business as Pronto Mart, 708 E. Second St. for twice violating the state’s Adolescent Tobacco Use Prevention Act.

In addition, at the September Board of Health meeting, it was announced that Fadel, doing business as Puff Pros at 748 Foote Ave. pleaded guilty to selling a flavored vape product to an individual under 21. He was fined $850 plus $250 required surcharge for this first-time violation.

Jessica Wuerstle with the county Department of Health was asked about Fadel’s name being named multiple times. “We’ve talked previously about if you accrue so many points you get a license suspension or revocation. It has been our experience that individuals who own these shops, when a license has been suspended or revoked, they will find a creative way to rename the ownership of said shop and then continue doing business under a different LLC,” she said.

Health Board member Kenneth Dahlgren said Fadel has been cited in neighboring counties for similar violations.

He asked Wuerstle why Fadel was fined more for having flavored vapes for sale compared to selling a flavored vape to a person under 21.

Wuerstle responded that in the case of having flavored vapes for sale, they were able to identify the number of products that were for sale. For the selling a flavored vape to an individual under 21 violation, they could only identify that single vape.

She said there is proposed legislation in Albany that would permit health officials to go behind a counter or back rooms to see if flavored vapes are being kept out of sight. Right now, Wuerstle said they can only issue a citation if they see vapes that are on display for customers.

It was alleged during the meeting that Fadel has a catalog of vapes which he shows customers, they pick out a flavored vape, and he goes elsewhere in his building to pull them out and sell them.

“Hopefully the state legislature gets that loophole corrected,” Wuerstle said.