[HISTORY: Adopted by the Town Council of the Town of Bar
Harbor 3-7-2023 by Ord. No. 2023-01. Amendments noted where applicable.]
As used in this chapter, the following terms have the following
meanings:
Any device that may be used to deliver any aerosolized or
vaporized substance to the person inhaling from the device, including,
but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or
e-hookah. Electronic smoking device includes any component, part,
or accessory of the device, and also includes any substance that may
be aerosolized or vaporized by such device, whether or not the substance
contains nicotine. Electronic smoking device does not include drugs,
devices, or combination products authorized for sale by the U.S. Food
and Drug Administration, as those terms are defined in the Federal
Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq.)
Any tobacco product that imparts a taste or smell, other than
the taste or smell of tobacco, either prior to, or during the consumption
of, a tobacco product, including, but not limited to, any taste or
smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa,
vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or
spice; or
Any tobacco product that is, within the Town of Bar Harbor and
by a retailer, advertised, displayed, or packaged in such a way as
to convey that it imparts a taste or smell, other than the taste or
smell of tobacco, either prior to, or during the consumption of, a
tobacco product, including, but not limited to, any taste or smell
relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla,
honey, or any candy, dessert, alcoholic beverage, herb, or spice.
Any person or entity that sells tobacco products to consumers
in the Town of Bar Harbor.
Any product containing, made of, or derived from tobacco or
nicotine that is intended for human consumption or is likely to be
consumed, whether inhaled, absorbed, or ingested by any other means,
including, but not limited to, a cigarette, a cigar, pipe tobacco,
chewing tobacco, snuff, or snus;
Any electronic smoking device and any substance that may be
aerosolized or vaporized by such device, whether or not the substance
contains nicotine; or
Specifically excluded from this definition are drugs, devices,
or combination products authorized for sale by the U.S. Food and Drug
Administration, as those terms are defined in the Federal Food, Drug,
and Cosmetic Act; and any product containing cannabis, as defined
by 28-B MRSA § 102, unless these products contain, are made
of, or are derived from tobacco or nicotine.
No retailer shall sell or offer for sale any flavored tobacco
product, or display, market, or advertise for sale, within the Town
of Bar Harbor, any flavored tobacco product.
The Police Chief or the Police Chief's designee(s) shall
have the primary responsibility for enforcement of this chapter. If
the Police Chief or said designee(s) determine(s) that a violation
of this chapter has occurred, the Police Chief or said designee(s)
shall issue a written warning giving notice to the retailer that a
violation has occurred. Subsequent violations of this chapter shall
be subject to the penalties set forth below. Violations of this chapter
shall be punishable by administrative fines, levied against the retailer,
as follows:
This chapter shall become effective June 1, 2023.
If any part or provision of this chapter or the application
thereof to any person or circumstances is held invalid, the remainder
of the chapter, including the application of such part or provision
to other persons or circumstances, shall not be affected thereby and
shall continue in full force and effect. To this end, provisions of
this chapter are severable.
