For the purpose of this chapter, the following definitions shall
be applicable:
BUSINESS AGENT
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.
E-CIGARETTE
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 solid nicotine or any liquid. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
[Added 11-18-2013]
EMPLOYEE
Any individual who performs services for an employer in return
for wages or profit or performs services as a volunteer.
EMPLOYER
Any individual, partnership, association, corporation, trust
or other organized group of individuals, including the City of Springfield
or any agency thereof, who or which uses the services of two or more
employees.
INDIVIDUAL
Any person who patronizes an area where tobacco products
are sold.
NICOTINE DELIVERY PRODUCT
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product 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 products include, but are not limited to, e-cigarettes.
[Added 11-18-2013]
PERMIT HOLDER
Any person engaged in the sale or distribution of tobacco
products directly to consumers who applies for and receives a tobacco
sales permit or any person who is required to apply for a tobacco
sales permit pursuant to these regulations, or his or her business
agent.
PERSON
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.
TOBACCO PRODUCT
Any product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to: cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff; or electronic cigarettes,
electronic cigars, electronic pipes, electronic hookahs, liquid nicotine,
"e-liquids" or other similar products, regardless of nicotine content,
that rely on vaporization or aerosolization. "Tobacco product" includes
any component or part of tobacco product. "Tobacco product" does not
include any product that has been approved by the United States Food
and Drug Administration either as a tobacco use cessation product
or for other medical purposes and which is being marketed and sold
or prescribed solely for the approved purpose.
[Amended 1-8-2018]
VENDING MACHINES
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco or tobacco products upon the insertion
of coins or other forms of payment.
[Amended 11-18-2013; 1-8-2018]
A. In conformance with MGL c. 270, § 6, whoever sells a cigarette, or any cigarette paraphernalia, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of 21 or, not being his parent or guardian, gives a cigarette, or any cigarette paraphernalia, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of 21, shall be punished according to the provisions of §
362-11 below.
B. Identification: Each person selling or distributing tobacco products,
as defined herein, shall verify the age of the purchaser by means
of a valid government-issued photographic identification containing
the bearer's date of birth that the purchaser is 21 years old
or older. Verification is required for any person under the age of
27.
C. No person or entity shall sell or distribute nicotine delivery products to any person under the age of 21. Nicotine delivery products shall be subject to all sections of this regulation, except §
362-8 of these regulations. Violators shall be punished according to the provisions of §
362-11 of these regulations.
Self-service displays (also known as "freestanding displays")
of tobacco products, from which individual packages or cartons may
be physically selected by the customer, are only permitted in facilities
where the retailer ensures that no person younger than 18 years of
age is present, or permitted to enter, at any time and must be within
10 feet of the regular location and in plain view of the person designated
to supervise the sale of tobacco products from self-service displays.
No person or entity shall, in or upon any part of the streets,
parks, public grounds, public buildings, or other public places within
the City of Springfield, distribute free of charge any products containing
tobacco for any promotion or other commercial purpose.
[Amended 1-8-2018]
All tobacco vending machines are prohibited; except that tobacco
vending machines are permitted if equipped with a lockout device,
in an establishment with a valid pouring liquor license, and located
in facilities where the retailer ensures that no person younger than
21 years of age is present, or permitted to enter, at any time. A
lockout device locks out sales from the vending machine unless a release
mechanism is triggered by an employee. The release mechanism must
not allow continuous operation of the vending machine and must be
out of the reach of all consumers and in a location accessible only
to employees.
The sale and distribution of loose cigarettes, or in packages
that contain fewer than 20 cigarettes, in any form other than an original
factory-wrapped package is prohibited.
No commercial entity selling tobacco products at retail shall
allow any employee to sell cigarettes or other tobacco products until
such employee reads the Springfield tobacco sales ordinance 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 regulation and applicable state laws. Any employee who
sells or provides cigarettes/tobacco products to a minor shall be
d $100.