Lexington Board of Health Caps Tobacco Permits at 14, Sets Path to Reduce Them

LEXINGTON -- January 28, 2025, Lexington Board of Health unanimously caps tobacco sales permits at 14 and adopts a retiring-permit mechanism to reduce that number over time. The five-member board, chaired by Wendy Heiger-Bernese, voted 5-0 at its January 28 meeting to codify the current permit count and permanently retire any permit that lapses, is revoked, or is not claimed by a new business owner within 30 days of a sale, meaning the cap can only decline, never rise. Assistant Health Director Alicia McCartan noted that many neighboring towns have adopted similar rolling-cap structures. A proposed restriction limiting oral nicotine pouches to the town's single adult-only tobacco purveyor was tabled after member Sue Wilfordham flagged unresolved legal questions in the draft regulation language, which she agreed to review in annotated form before the next meeting. The board also approved a septic variance for 18 Bacon Street, requiring the property owner to submit annual water-test results and septic pumping records to the health department.