Health director: Saugus tobacco store had no permits

SAUGUS – While the store’s ad says “100 percent all natural,” Saugus officials were 100 percent not impressed by a “make your own” cigarette shop that opened briefly on Route 1.A quarter-page ad in the Saugus Advocate for the MYO Club at 184 Broadway (behind the Boston Market), offers a $27.95 price per carton of “whole leaf tobacco cigarettes” for members along with a “free membership” for the first 100 people to present the ad.The only problem: Owners never went before selectmen or the Board of Health for permits and roll-your-own cigarette machines are illegal in Saugus.”I went in there on Monday because I saw an ad in the paper and because he does not have a tobacco permit through us,” said Public Health Director Frank Giacalone. “And because of the fact we outright banned the roll-your-own cigarette machines, I went in there with a fine ? and a cease-and-desist letter as well.”On Tuesday, the blinds at the MYO Club were drawn and no one answered the door.Giacalone said he fined owner Anthony Marino $200. Giacalone also noted Marino had a pool table, a flat screen TV and a sign outside the store, all of which he did not obtain permits for.Giacalone said Marino tried to reason that his store was a “private club,” but Giacalone said town regulations restrict tobacco sales for any establishment.”Even though he’s selling it to his members he’s still selling the product,” said Giacalone. “Regardless of him being a club or a non-profit, he still has to abide by our regulation and he can’t have those machines.”Giacalone said Marino tried opening similar clubs in Malden and in Winchester, and was also shut down there.”He just tried to open up without going through the proper channels and (Malden) banned him,” said Giacalone.In a phone interview on Tuesday, Marino said he scheduled a show cause hearing at Lynn District Court for April 22.”I want them to show me where it says in their rules that we can’t do this,” he said. “We’re a group of people that share a common interest in making our cigarettes from whole leaf tobacco. We’re a private club. We have members. We’re not trying to get children to use it. The way the regulation reads to me, it’s for retail establishments only.”According to Saugus’ tobacco regulations, “all commercial roll-your-own machines are prohibited.”Marino said members of the club, which are around 30 in all, chip in to buy whole leaf tobacco in bulk and over the Internet, and then use the RYO machines to make their own cigarettes. He also noted members don’t smoke in the club.”(Giacalone) didn’t want to talk to me,” said Marino. “He just wanted to bark at me that I couldn’t have it ? There’s nothing in the bylaws that says you can’t have a smoking club ? You can’t put your money together to buy something in volume and split it up with your friends? Is that retail sale? I don’t think so. We bought it from a retailer. We’re using it. We’re not reselling it.”Matt Tempesta can be reached at [email protected].