Forty-Three Active Tobacco Licenses Now Serve as Plymouth's Permanent Regulatory Ceiling

Key Points

  • Tobacco license cap set to automatically decrease through attrition, currently limited to 43 active permits
  • Mamma Mia’s and Ziggies grease trap requirements tabled due to foundation damage claims linked to town construction
  • New Alternate Member Kate Marini joins board with focus on emergency evacuation and public health education
  • Health board denies Pillar Pub variance while granting conditional extensions to BY The Sea and Tuscany Tavern
  • Chair Potvin raises alarm over unregulated 13mg synthetic nicotine pouches sold online

The Plymouth Board of Health formalized a new "attrition" model for tobacco sales on Wednesday, effectively capping the number of local permits at current levels. While previous regulations suggested a limit of 47 licenses, the board clarified that the target should decrease automatically as businesses close or surrender their permits. With only 43 licenses currently active in town, the board acted to ensure no "blank" slots remain available for new applicants.

Member Karen Keane explained that the goal was to prevent new businesses from snapping up abandoned licenses before the board could manually adjust the limit. I believe the intent was to change that number accordingly as licenses are either turned in or lost, Keane said. So there would never be a blank license up for anyone to utilize. I thought the board's intent was not to have that license become available, but to make the number smaller. Chair Barry Potvin agreed, noting that while he chaired the initial regulatory process, the language needed to be explicit to avoid ambiguity. Motion Made by A. Palmer to change the language of the Board of Health tobacco regulations to state: "There will never be more than the number of permits currently active." Motion Passed (5-0-0).

This policy shift comes amid rising concerns regarding high-concentration nicotine products sold online. Chair Potvin shared an anecdote regarding the use of multiple 13-milligram nicotine pouches simultaneously, far exceeding the FDA's 6-milligram marketing limit for retail products. This to me means that he was having a massive amount of nicotine put into his system, which I believe is a public health risk, Potvin said. Member Amy Palmer supported drafting future regulations to define and restrict these synthetic products, noting, The FDA doesn't say they approve any level of nicotine as good.

The meeting also highlighted a brewing conflict between downtown business owners and the town over structural damage allegedly caused by Water Street construction. Sam, the owner of Mamma Mia’s Waterfront, requested a variance for new grease trap requirements, arguing that ongoing litigation and significant foundation damage made installation impossible. The building foundation is too damaged to support the weight of new equipment, he told the board, requesting a delay until repairs and legal matters are resolved. Russ, owner of Ziggies, echoed these concerns, noting his building suffered similar issues and remains closed for the season while he decides whether to rebuild. The board opted to table both requests until February to gather more data on the structural integrity of the sites.

Other local restaurateurs sought similar relief from the town’s Fat, Oil, and Grease (FOG) regulations. Maria D. Philip Lopez of Cafe Strega and Tuscany Tavern requested flexibility during renovations. The board required an automatic trap for the main kitchen but allowed a passive trap for a bar sink. Motion Made by A. Palmer to allow a variance for a passive grease trap in the bar sink only at Cafe Strega, with an automatic trap required for the 3-bay sink. Motion Passed (5-0-0). For Tuscany Tavern, the board granted a 90-day window to maintain existing equipment during upgrades. Motion Made by A. Palmer to grant a variance to allow a passive grease trap on existing fixtures for 90 days. Motion Passed (5-0-0).

Heather Casey, owner of BY The Sea, presented a unique case, explaining that her lease is set to expire in February. I am currently negotiating a renewal, she noted, asking to defer the expensive equipment upgrade until her future at the location is certain. The board granted the extension on the condition of strict monthly maintenance reporting. Motion Made by A. Palmer to grant a variance through February 28, 2026, on the condition that monthly pumping records are submitted on the first of each month. Motion Passed (5-0-0).

Not all requests were met with leniency. Pillar Pub, which serves chili and hot dogs, was denied a variance after health officials determined the menu produced significant grease. Motion Made by A. Palmer to approve the variance for Pillar Pub. Motion Failed (0-5-0). Conversely, UVA received a total waiver for its bar sink. The owner, Colin, noted the main kitchen already uses an automatic trap. Motion Made by A. Palmer to grant a variance stating no grease trap is required on the UVA bar sink. Motion Passed (5-0-0). Amanda, owner of the new PromiseKeeper Coffee, was permitted to use a static trap for her "to-go" model since she handles dairy but no heavy cooking. Motion Made by A. Palmer to allow a passive grease trap attached to the 3-bay sink. Motion Passed (5-0-0).

The board also welcomed its newest member, Alternate Kate Marini, a nurse with a master’s degree in emergency management. Marini, a lifelong resident, expressed a desire to focus on local safety. I have such a strong interest in knowing, if there was an emergency, how do we safely evacuate our town? she asked. We have a hospital here. We have a lot of schools, we also have waterways, we have our own airport.

The session concluded with a technical correction to previous meeting records regarding the Holtec decommissioning process. Chair Potvin clarified that while the fuel rods inside nuclear storage casks are known, the specific radioactive content of the air used to cool those casks remains undisclosed. We've never been told exactly what is in the air that's exhausted out of those dry casks, he noted. Motion Made by A. Palmer to approve the meeting minutes for October 22nd and November 19th, while deferring the November 10th minutes for correction. Motion Passed (5-0-0).

Looking ahead, the board plans to review "Tobacco-Free Generation" proposals in January and a "One Health" presentation from State Epidemiologist Dr. Katie Brown in February. Member Meg Payne and other board members also briefly discussed the "Bring Your Own Cup" sustainability initiative, with Member Keane raising concerns about the practical burden on restaurant staff. My major concern is that is really responsible heavy on the server, Keane said, they place the burden of saying no, I'm not going to accept your cup because it's dirty.