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A judge has found a south county business guilty of violating a state law for selling tobacco products as well as a north county grocery store for submitting some required water reports late or not at all.
During the recent Chautauqua County Board of Health meeting, it was announced that Smoke Town located at 631 Newland Ave., Jamestown had requested to go before the Hon. Betsy Steger, the designated board of health hearing officer. The business was accused of selling an illegal flavored vapor product to an individual under the age of 21.
According to the court documents, no one from Smoke Town attended the hearing.
Jessica Wuerstle with the county Health Department told the Board of Health her office sent an underage individual to the business to see if that person could purchase a tobacco product and that person was sold the flavored vape.
The court documents also state that the same business had sold a tobacco product to an underage individual on Nov. 1, 2024.
For the 2024 sale, the business received two points on its tobacco license. For the 2026 sale, the business also received two points.
Wuerstle said once a business receives three points, the Board of Health can recommend the business have its tobacco license suspended, which also includes the suspension of lottery tickets. The Board of Health agreed to seek the suspension. The state will have the final say.
In addition, the Board of Health fined Smoke Town a total of $3,100. Wuerstle said as of July the business had not paid its previous fine which was $2,500.
In a separate hearing, Cassadaga ShurFine, which is located on Rt. 60, just outside the village line, requested to appear before the judge due to three missing reports.
According to the court documents, no one from ShurFine appeared at the hearing.
At the Board of Health meeting, a representative with ShurFine was in attendance. She confirmed that she did not attend the court hearing but said she was involved in an automobile accident and was unable to attend.
At the health board meeting, the ShurFine representative said they did submit the reports but they were a day or two late. She blamed it on her email.
During the Health Board's discussion, Wuerstle said the monthly operating reports for January and April were late. Her office did not receive a report for March.
She added that ShurFine missed three water reports last year.
Wuerstle said since April the grocery store has been in compliance.
According to county Health Board regulations, fines go up with every missed report. The regulations do not make a distinction between late and missing.
ShurFine was fined $300 for the January report, $400 for the March report, and $500 for the April report. Wuerstle said the January fine was $300 because there were three missed/late reports in 2025. There is also a $250 fee to go before the hearing officer.
In total ShurFine was fined $1,450.