[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 in any of its forms, including but not limited to cigarettes,
cigars, loose tobacco leaf, snuff, smokeless and spit tobaccos.
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:
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.
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.
