Town of Barnstable, MA
Barnstable County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town of Barnstable Board of Health 1-15-2013. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 371.

§ 365-1 Findings and purposes.

A. 
Findings.
(1) 
There exists conclusive evidence that tobacco use causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat.
(2) 
The U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin.
(3) 
The sale of tobacco products is incompatible with the mission of health care institutions because it is detrimental to the public health and undermines efforts to educate patients on the safe and effective use of medication.
B. 
Pursuant to MGL c. 111, § 31, the Town of Barnstable Board of Health adopts the following regulation, to be adopted for the following express purposes:
(1) 
To protect the public health and welfare by restricting the sale of tobacco in all health care institutions within the Town of Barnstable.
(2) 
To eliminate the incompatibility of the mission of health care institutions to treat and prevent disease with the spread of diseases caused by the use of tobacco by those afflicted with related diseases and to those not so afflicted but at risk for exposure by the availability of tobacco at health care institutions, including, without limitation, youths.

§ 365-2 Legislative authority.

The Town of Barnstable, pursuant to MGL c. 111, § 31, adopts these regulations as reasonable health regulations designed to protect and improve the health of its residents.

§ 365-3 Definitions.

As used in this article, the following terms shall have the meanings indicated:
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under MGL Ch. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. Health care institution includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, and dentist offices.
SALE/SELL/SOLD
The passing of ownership for a price or as a gift.
TOBACCO
Cigarette, cigar, pipe tobacco, chewing tobacco or other tobacco product.

§ 365-4 Prohibited acts.

A. 
No health care institution located in the Town of Barnstable shall sell or allow the sale of tobacco products or cause tobacco products to be sold.
B. 
No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or allow the sale of tobacco products or cause tobacco products to be sold except as provided in Subsection C.
C. 
Those wholesalers licensed under MGL c. 62, § 67, may sell tobacco for wholesale only to resellers who possess a valid Massachusetts tobacco retailer license and who are registered through the Department of Revenue to collect sales tax. Additionally, tobacco products sold by wholesalers shall be stored away from the retail sales area and not visible to non-resellers.

§ 365-5 Posting of signs.

Every health care institution and retail establishment that operates or has a health care institution within it where tobacco sales are prohibited by this regulation shall conspicuously display on the premises, including the primary entrance doorways, signs reading "Tobacco Products Not Sold Here."

§ 365-6 Violations and penalties; enforcement.

A. 
Violations of this tobacco sales prohibition regulation may be enforced by the provisions of MGL c. 40, § 21D et seq., noncriminal disposition, and by Chapter 1, General Provisions, Article I, regarding noncriminal disposition.
B. 
A warning shall be issued for a first offense. A fine of up to $100 may be issued for the second offense, up to $200 for a third offense, up to $300 for a fourth offense, and up to $300 for any subsequent offense.
C. 
No provision, clause or sentence of this section of this regulation shall be interpreted as prohibiting any Town of Barnstable department or board from suspending or revoking licenses or permits issued by and within the jurisdiction of such departments for repeated violations of this regulation.
D. 
In addition to the remedies provided by Subsections B and C above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a health care institution to comply with any provision of this article may apply for injunctive relief to enforce the provisions of this article in any court of competent jurisdiction.
E. 
The Board of Health or its designee(s) shall enforce this regulation.

§ 365-7 Severability.

If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

§ 365-8 Effective date.

These regulations shall become effective on Tuesday, March 26, 2013, which is 60 days after publication.