Barnstable Board Warns Hyannis Tobacco Bar Over Flavored Cigarette Sales

BARNSTABLE — March 22, 2022 — Barnstable Board of Health voted 3-1 to warn a Hyannis smoking bar over flavored tobacco sales. CB Perkins on Main Street in Hyannis, the only establishment on Cape Cod currently licensed to sell flavored tobacco products, was found to have allowed customers to purchase Newport cigarettes and other flavored products and leave without consuming them on site, in violation of 105 CMR 665.010(d), the state law that has governed smoking bar sales since January 1, 2020. Bob Collette of the Cape Cod Regional Tobacco Control Program testified that he personally accompanied a 27-year-old to the store and watched him purchase cigarettes and walk out unchallenged; Barnstable Police consumer affairs officer Chris Kelsey described observing three customers do the same during an October 21, 2021 site visit. Attorney David Lawler, representing the owner, argued the statute contains no language explicitly barring consumers from removing purchased products from the premises and noted his client holds a 2007 grandfathered variance recognizing the establishment as both a smoking bar and a retailer. The board's warning stops short of revocation but signals that a documented future violation will put the permit in jeopardy; board member Dr. Kaniff cast the lone dissenting vote, favoring a stricter regulatory response.