TOPIC :
REGULATED SALES
SUBJECT: TOBACCO SALES TO MINORS
KEY WORDS:
CODE:
ORD VI-8
AGENCIES:
ORDINANCE COMMITTEE, CITY CLERK, HEALTH, PARKING DEPTS.
STATUTES:
C. 270, S. 6, C. 40, S. 21D
DATES:
03/11/97, 05/27/97
ELEMENTS: SECTION 1. “No person
shall sell tobacco products or permit the same to be sold to a minor.”
SECTION 2. Definitions.
Minor is a person under 18 years.
Tobacco products: Cigarettes,
cigars, chewing tobacco, pipe tobacco, snuff or tobacco in any of its forms.
SECTION 3. Prohibits sale of
tobacco unless three notices are posted. One
by the main entrance and one at point of sale.
Notices can be obtained at the Health Dept. and will state
“Massachusetts State law prohibits the sale of tobacco products to any person
under the age of eighteen (18) years of age.
See M.G.L. c.276, s.6”
SECTION 4. Requires sellers
to request and examine ID. Mass
driver’s license, certified birth certificate with picture ID or two similar
forms of ID one being a picture ID.
SECTION 5. Limits
advertising of tobacco products to private property only.
SECTION 6. Prohibits sale of
tobacco products in other than original factory wrapped packages with the
printed warning.
SECTION 7. Penalty. Violation of Sections 1 and 6.
First Offense is a fine of not less than $100 and retraining.
Second Offense is a fine of not less than $200 and suspension of permit
to sell tobacco products for 7 days. Third
Offense is a fine of not less than $300 and forfeiture of permit for 30 days.
Appeals through Board of Health. City
Clerk or designee including Parking Dept. can act as fine collector.
SECTION 8. Permits forfeited
for 30 days will be reinstated after 30 days if the vendor can establish that
its employees participated in a retraining program outlined by the Board of
Health, North Shore Tobacco Control Program or similar reputable program.
The City Council Ordinance Committee however will determine at its next
meeting if the vendor has complied and can suspend the permit until they do
comply.
SECTION 9. Time periods for
Section 1 and 7. Counting the
number of offenses starts at the first offense and continues for two years.
If no violation in two years after first offense, the next offense would
again be the first offense. If a
second offense occurs within two years of the first offense, then it would be
the second offense and the third offense would be from a two-year period of the
second offense.
SECTION 10. Failure to
request ID is a $50 fine for each offense and retraining.
Failure to post proper notice is a $50 fine.
SECTION 11. Retraining
programs are determined by the Board of Health and will include any and all
possible health effects of tobacco use.
SECTION 12. Public
Education. Board of Health to have
continuing education to explain and clarify the ordinance to vendors and
citizens affected by it. Must
respond to vendor requests for assistance in training and retraining.
SECTION 13. Board of Health
to complete three compliance checks per year and notify vendor.
Require vendors to complete and initialize checklist for permits and
renewals
SECTION 14. Checklist for
permit application.
SECTION 15. Non-criminal
disposition under C. 40 S. 21D, or criminal complaint filed at appropriate
venue.
PENALTIES: Violation 1 and 6. FINE
1st Offense - Not
less than $100 and retraining.
2nd Offense – Not less than $200 and 7 day suspension.
3rd Offense – Not less than $300 and 30 day
suspension.
Failure to check ID - $50
and retraining.
Failure to post notice - $50.
