[Added 5-12-1998 by Ord. No. 1998-12; amended 2-27-2007 by Ord. No.
2007-4; 3-22-2011 by Ord. No. 2011-5]
The following words, terms and phrases, when used in this article,
shall have the meanings ascribed to them in this section, except where
the context clearly indicates a different meaning:
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of any liquid, or solid nicotine. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
Any public or private college, normal school, professional
school, scientific or technical institution, university or other institution
furnishing a program of higher education.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals, including the City of Fall
River or any agency thereof, which uses the services of one or more
employees.
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 State Department of Public Health under MGL c. 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, drugstores, doctor offices and dentist offices.
Any employee or volunteer or any person who patronizes an
area where tobacco products or nicotine delivery products are sold.
Any individual who is under the age of 18.
Any article or product made wholly or in part of a tobacco
substitute or otherwise containing nicotine that is expected or intended
for human consumption, but not including a tobacco substitute prescribed
by a licensed physician or a product that has been approved by the
United States Food and Drug Administration for sale as a tobacco use
cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
"Nicotine delivery product" includes, but is not limited to, e-cigarettes.
Any sole proprietorship, partnership, joint venture, corporation
or other place of business, including retail establishments and bars,
that has been issued a permit for site and sale of tobacco products
and nicotine delivery products by the City Board of Health regulating
the sale of tobacco products in the City.
An individual, employer, employee, retail store manager or
owner, or the owner or operator of any establishment engaged in the
sale or distribution of tobacco products directly to consumers.
Any establishment selling goods or articles or personal services
to the public.
Any display from which customers may select a tobacco product
or a nicotine delivery product without assistance from an employee
or store personnel, excluding vending machines.
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff or tobacco in any of its forms.
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, tobacco products or nicotine delivery
products upon the insertion of coins, trade checks, slugs or other
forms of payment.
A.
It shall be the responsibility of the permittee and/or the individual
in charge of the area where tobacco products or nicotine delivery
products are being sold to ensure compliance with all sections of
this article pertaining to his place of business. The permittee and/or
individual in charge of the area permitted for tobacco or nicotine
delivery product sales or person involved in violation of any of the
provisions of this article will receive a fine as follows:
(1)
In case of a first violation, the permittee and/or individual in
charge of the area permitted for sales or person not in compliance
with the provisions of this article shall receive a fine of $100.
(2)
In case of a second violation within 24 months of the date of the
current violation, the permittee and/or individual in charge of the
area permitted for sales or person not in compliance with the provisions
of this article shall receive a fine of $200 and the permit for site
and sale of tobacco products and nicotine delivery products may be
suspended for seven consecutive business days.
(3)
In case of a third violation or more violations within two years,
the permittee and/or individual in charge of the area permitted for
sales or person not in compliance with the provisions of this article
shall receive a fine of $300 and the permit for site and sale of tobacco
products and nicotine delivery products may be suspended for 30 consecutive
business days.
B.
Any person who violates any provision of this article may be penalized by noncriminal disposition pursuant to MGL c. 40, § 21D, and as specified in Chapter 2, Article X, of the City Code or by filing a criminal complaint at the appropriate venue with penalties as set forth in Subsection A of this section.
C.
Refusal to cooperate with inspections pursuant to this section may
result in the suspension of the permit for site and sale of tobacco
products and nicotine delivery products for 30 consecutive business
days.
D.
In addition to the monetary fines set above, any permittee who engages
in the sale or distribution of tobacco products or nicotine delivery
products directly to a consumer while his permit is suspended may
be subject to the suspension of all Board of Health issued permits
for 30 consecutive business days.
E.
The City Board of Health shall provide written notice to the permittee
of the intent to suspend a permit. The notice shall contain the reasons
for the suspension and establish a date and time for a hearing. The
date of the hearing shall be no earlier than seven days after the
date of the notice. The permittee shall have an opportunity to be
heard at such hearing. After a hearing, the City Board of Health may
suspend the permit for site and sale of tobacco products and nicotine
delivery products if the Board finds that a sale to a minor has occurred.
The permittee shall be notified of the Board of Health's decision
in writing.
A.
The Board of Health will periodically engage individuals under the
age of 18 to attempt to purchase cigarettes, other tobacco products
or nicotine delivery products for the purpose of monitoring compliance
with this article.
B.
The Board of Health, or its officers and agents, shall enforce this
article.
A.
No person shall sell tobacco products or nicotine delivery products over the counter or by vending machine within the City without a permit for site and sale of tobacco products and nicotine delivery products issued by the City Board of Health for each tobacco retail place of business. The fee for this permit shall be as provided in Chapter A110, Fee Schedule, of the City Code, and is due upon commencement of operation. The permit is renewable annually each January 1.
B.
A permit for site and sale of tobacco products and nicotine delivery
products is nontransferable; however, a new permit will be issued
when a retail store changes location and has shown compliance pertaining
to the provisions of this article. A new owner of an establishment
that sells tobacco must apply for a new permit for site and sale of
tobacco products and nicotine delivery products. No new permit will
be issued unless and until all outstanding penalties incurred by the
previous permittee are satisfied in full.
C.
Each applicant selling tobacco products is required to provide proof
of a current tobacco sales license issued by the State Department
of Revenue before a tobacco sales permit can be issued.
D.
Each permit for site and sale of tobacco products and nicotine delivery
products shall be displayed at the retail establishment in a conspicuous
place.
E.
As part of the permit application process, the applicant will be
provided with the ordinance from which this article is derived. Each
applicant is required to sign a statement declaring that the applicant
has read said ordinance and that the applicant is responsible for
instructing any and all employees who will be responsible for tobacco
or nicotine delivery product sales regarding both the ordinance and
state laws pertaining to the sale of tobacco.
F.
No permittee shall sell tobacco products or nicotine delivery products
until the owner or manager has completed a retailer training session
conducted by the City Board of Health.
G.
No permittee shall allow any employee to sell tobacco products or
nicotine delivery products until such employee reads the ordinance
from which this article is derived and state laws regarding the sale
of tobacco and signs a statement, a copy of which will be placed on
file in the office of the employer, that he/she has read the ordinance
and applicable state laws.
H.
Issuance of a permit for site and sale of tobacco products and nicotine
delivery products shall be conditioned on an applicant's consent to
unannounced, periodic inspections of his/her retail establishment
to ensure compliance with this section.
I.
A permit for site and sale of tobacco products and nicotine delivery
products will not be renewed if the permittee has failed to pay taxes
owed to the City and all fines issued and the time period to appeal
the fines has expired.
A.
No person shall sell any tobacco product or any nicotine delivery
product in any of its forms to any person under the age of 18 or,
not being his parent or guardian, give a tobacco product or nicotine
delivery product in any of its forms to any person under the age of
18.
B.
Each permittee shall verify by means of a photograph identification
containing the bearer's date of birth that no person purchasing tobacco
products or nicotine delivery products is younger than 18 years of
age. No such verification is required for any purchaser over the age
of 26. A written note or telephone communication from a parent or
guardian will not be sufficient to allow a person under the age of
18 to purchase a tobacco product or a nicotine delivery product.
A.
Tobacco products. In conformance with MGL c. 270, § 7,
a copy of MGL c. 270, § 6 shall be posted conspicuously
by the owner or other person in charge thereof in the shop or other
place used to sell cigarettes at retail. The notice to be posted shall
be that notice provided by the Department of Public Health stating
that the sale of tobacco products to persons under the age of 18 is
prohibited. Such notice shall be at least 48 square inches and shall
be posted at the cash register which receives the greatest volume
of single cigarette package sales in such a manner that it may be
readily seen by a person standing at or approaching the cash register.
Such notice shall be placed directly facing the purchaser and shall
not be obstructed from view. Such notice shall be placed on the cash
register or at a distance no greater than two feet from the cash register.
B.
Nicotine delivery products. The owner or other person in charge of
a shop or other place used to sell nicotine delivery products at retail
shall conspicuously post a sign stating that "The sale of nicotine
delivery products to minors under 18 years of age is prohibited."
The owner or other person in charge of a shop or other place used
to sell e-cigarettes at retail shall conspicuously post a sign stating
that "The use of e-cigarettes at indoor establishments may be prohibited
by local law." The notices shall be no smaller than 8.5 inches by
11 inches and shall be posted conspicuously in the retail establishment
or other place in such a manner so that they may be readily seen by
a person standing at or approaching the cash register. These notices
shall directly face the purchaser and shall not be obstructed from
view or placed at a height of less than four feet or greater than
nine feet from the floor.
A.
In order to restrict access to tobacco products and nicotine delivery
products to minors, all vending machines in the City must be equipped
with a lock-out device approved by the City Board of Health, be located
only in an establishment with a valid pouring liquor license, be located
in establishments where the retailer ensures that no person younger
than 18 years of age is present, or permitted to enter, at any time
and be in operation in the permitted establishment as of January 1,
2009. The device shall lock out all sales, and the locking mechanism
shall be such that it can only be released to operate on a one-time
only basis by an employee of the establishment owning, managing or
leasing the vending machine. No new vending machines may be installed
after December 31, 2008.
B.
Vending machines shall be located within the immediate vicinity and
in plain view and control of a responsible employee so that all purchases
are observable and controllable.
C.
Vending machines must be posted with signage stating that the machine
is equipped with a lock-out device and identifying the person in charge
of release of the lock-out device.
D.
Vending machines must be posted with signage that indicates that
cigarettes will not be sold to any person under the age of 18.
E.
Self-service displays of tobacco products or nicotine delivery products
are prohibited. All humidors, including, but not limited to, walk-in
humidors, must be locked. The only exception is self-service displays
that are located in facilities where the retailer ensures that no
person younger than 18 years of age is present, or permitted to enter,
at any time.
A.
No manufacturer, distributor or retailer may distribute or cause
to be distributed any free samples of tobacco products or nicotine
delivery products within the City.
B.
No person shall accept from a minor any coupons or vouchers redeemable
for tobacco products or nicotine delivery products in the City.
No manufacturer, distributor or retailer may sell or cause to
be sold, or distribute or cause to be distributed, any cigarette package
that contains fewer than 20 cigarettes, including single cigarettes.
No health care institution located in the City shall sell or
cause to be sold tobacco products. No retail establishment that operates
or has a health care institution within it, such as a pharmacy or
drugstore, shall sell or cause to be sold tobacco products.
No educational institution located in the City shall sell or
cause to be sold tobacco products. This includes all educational institutions
as well as any retail establishments that operate on the property
of an educational institution.
