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(Rick Miller/Olean Star) Cattaraugus County Board of Health President David Smith (left) welcomes the board’s newest member Wednesday, Dr. George Spigel.
(Rick Miller/Olean Star) Cattaraugus County Board of Health President David Smith (left) welcomes the board’s newest member Wednesday, Dr. George Spigel.

Two smoke shops in county fined $7,000 for selling flavored vapes, underage sales

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By RICK MILLER

Olean Star

OLEAN — Two pop-up smoke shops have been fined a total of more than $7,000 by the Cattaraugus County Board of Health for illegal sales of vaping devices.

State Public Health Law prohibits sale of flavored vaping devices containing nicotine as well as sale of e-cigarettes to anyone under age 21.

During a underage compliance check on Aug. 13, Two Budz LLC, Route 16 in Yorkshire, was found to have sold an e-cigarette to someone under age 21 without asking for identification and sold a flavored vaping device with nicotine to an undercover inspector.

Administrative Judge David Porter said no one from the company appeared at the hearing, which resulted in a doubling of the fines to $4,000 with $250 surcharges on each count uncharged. 

Besides the $4,500 in fines and surcharges, Two Budz will get two points toward suspension and revocation of their tobacco license. If unpaid by Oct. 31, a $10 per day fee will kick in.

Sky High Smoke Shop on South Main Street in Franklinville was fined a total $1,700 for selling an e-cigarette to someone under age 21 and for selling flavored vaping devices containing nicotine to an undercover inspector and an underage inspector on Sept. 10. The fines were doubled because the owner did not attend the hearing. Two points toward suspension and revocation were also issued. 

The Board of Health welcomed a new member named by the Cattaraugus County Legislature, Dr. George Spigel. He succeeds Dr. Giles Hamilton, the former vice president who died recently. 

“I’m honored to be here,” Spigel said. “These are hard shoes to fill. Dr. Hamilton was a good friend and colleague of mine for many years.” 

Public Health Director Dr. Kevin D. Watkins noted that October is Breast Cancer Awareness Month and urged women over age 50 to get regular mammograms which can detect cancer early.

From 2017 to 2021, an average 72 women were diagnosed each year with breast cancer and an average 10 women died each year. Nationally, there are more than 42,000 breast cancer deaths a year.

Watkins said the initial Health Department budget for 2025 is down 6.1% to $14.2 million due to the loss of some grants. Revenue is down 6.8% to $10.3 million for the same reason, he said.

(Rick Miller/Olean Star)

Cattaraugus County Board of Health President David Smith (left) welcomes the board’s newest member Wednesday, Dr. George Spigel.

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