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Town of Franklin, MA
Norfolk County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Franklin as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Smoking — See Ch. 254.
[Adopted 5-1-1996]
A. 
This regulation shall apply to any business establishments engaged in the retail sale of tobacco products in the Town of Franklin.
B. 
The Franklin Board of Health finds cigarette smoking and other tobacco use by minors to be a continuing problem with grave public health consequences. Therefore, the purpose of this regulation is to prevent the illegal sale of cigarettes and other tobacco products to persons under the age of 18 years.
As used in this article, the following terms shall have the meanings indicated:
TOBACCO PRODUCTS
Tobacco in any of its forms, including but not limited to cigarettes, cigars, loose tobacco leaf, snuff, smokeless and spit tobaccos.
TOBACCO VENDING MACHINES
Any machine or device for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of cash, trade checks or slugs.
A. 
Sales to minors. No owner of any business establishment engaged in the retail sale of tobacco products in the Town of Franklin shall sell or permit to be sold cigarettes, chewing tobacco, snuff or tobacco in any of its forms to any person under 18 years of age. Whoever violates this provision may be fined through noncriminal disposition in accordance with MGL c. 40, § 21D, as follows:
(1) 
First violation: fine of $100.
(2) 
Second violation within one year of the first violation: fine of $200.
(3) 
Third violation and all subsequent violations within one year of first violation: fine of $300.
B. 
Out of package sales. It is unlawful to sell tobacco products out of the manufacturer's package with the required health warnings. Sale or distribution of tobacco products in any form other than an original factory wrapped and sealed package is prohibited.
C. 
Vending machines. After July 1, 1996, tobacco vending machines or any other device for the sale or distribution of tobacco products are prohibited in the Town of Franklin.
A. 
Posting state law. In conformance with MGL c. 270, § 7, a copy of MGL c. 270, § 6, shall be posted conspicuously by the owner of any business establishment engaged in the retail sale of tobacco products in the Town of Franklin. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health, and must be posted in conformance with MGL c. 270, § 6.
B. 
Proof of age. No owner of any business establishment engaged in the retail sale of tobacco products in the Town of Franklin shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting identification and verifying through examination of identification that the person is at least 18 years of age, unless the seller has some other conclusive basis for determining the age of the buyer.
C. 
Proof of knowledge of regulation by retail clerks. No owner of any business establishment engaged in the retail sale of tobacco products in the Town of Franklin shall allow any employee to sell cigarettes or any other tobacco products until such employee reads the local Board of Health regulations and state laws regarding sales of tobacco and signs a statement that they have read and understand these laws. The business owner shall keep the employees signed statement on file and make available to the Franklin Board of Health for inspection upon request.
A. 
The Franklin Board of Health and/or the Tobacco Control Program Director shall have the powers and responsibilities for enforcement of this regulation.
B. 
Any business establishment that violates the provisions of § 261-3B or C or § 261-4A, B or C of this regulation may be fined through noncriminal disposition in accordance with MGL c. 40, § 21D, as follows:
(1) 
First offense: warning.
(2) 
Second offense: fine of $50 per violation.
(3) 
Third and all subsequent offenses: $100 per violation.
C. 
Each day's failure to comply shall constitute a separate and distinct offense.
D. 
In all cases, the owner of the business establishment where violations occur shall be responsible for payment of all fines.