TOPIC :                       REGULATED SALES


KEY WORDS:                    

CODE:                         ORD VI-8


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 

                                    Failure to check ID -  $50 and retraining.

                                    Failure to post notice - $50.