[HISTORY: Adopted by the City Council of the City of Quincy
as indicated in article histories. Amendments noted where applicable.]
GENERAL REFERENCES
Health Department smoking regulations — See Ch. A402.
[Adopted 5-17-1993 as
Ch. 8.30 of the 1993 Code; amended in its entirety by Order No. 94-024]
[Amended 6-1-2020 by Order
No. 2020-012]
There exists conclusive evidence that tobacco smoke causes cancer,
respiratory diseases, negative birth outcomes, various cardiac diseases,
allergies, and irritations to the eyes, nose, and throat to both the
smoker and the nonsmoker exposed to secondary smoke. Evidence further
demonstrates that tobacco is extremely addictive. More than 3,000
young people begin smoking every day in this nation. Since almost
90% of all smokers begin smoking before age 18, the legal age to purchase
cigarettes in the commonwealth, there is an important health need
to reduce the easy access to tobacco products by youths through strict
enforcement of the state law prohibiting sales to minors. Therefore,
these regulations are adopted pursuant to MGL c. 111, § 31,
as reasonable health regulations designed to protect and improve the
health of the residents of the City of Quincy.
No person or entity shall, in or upon any part of the streets,
parks, public ground, public buildings, or other public-owned places
within the City of Quincy, distribute any products containing tobacco
for any promotional or other commercial purposes. Tobacco distribution
includes, but is not limited to, bonus in a game, contest or tournament
involving skill or chance, but does not include redemption of coupons
distributed in newspapers or other periodicals or affixed to packaging
for products distributed to adults by tobacco retailers.
Freestanding displays of tobacco products, from which individual
packages may be selected by the customer, must be within 10 feet and
in full view of the regular location of a person designated to supervise
the purchase of tobacco products from the display. Carton displays
must be within full view.
No person or entity selling tobacco products shall allow anyone
under age 18 to sell cigarettes or other tobacco products until such
employee reads the Health Department and state law regarding sale
of tobacco.
A.
In conformance with MGL c. 270, § 6, no person or entity
shall sell a cigarette, chewing tobacco, snuff, or tobacco in any
of its forms to any person under age 18.
B.
All clerks selling cigarettes or tobacco products will positively
establish the purchaser's age as 18. A written note or telephone communication
from a parent or guardian will not be sufficient to allow a person
under age 18 to purchase a tobacco product.
[Amended by Order No. 95-023]
A.
The purpose of this section is to restrict access of tobacco products
to minors. Within six months of adoption of this regulation, no person,
firm, corporation, establishment or agency shall install or maintain
a vending machine to distribute or sell tobacco products in the City
of Quincy unless:
(1)
The vending machine is located within the immediate vicinity, plain
view and control of a responsible employee, so that all purchases
are observable and controllable as if cigarettes were sold over the
counter;
[Amended 6-1-2020 by Order
No. 2020-012]
(2)
The vending machine must not be located in a coatroom, rest room,
unmonitored hallway, outer waiting area, or similar unmonitored area
and must be inaccessible to the public when the establishment is closed;
(3)
The vending machine is equipped with a lock-out device approved by
the Health Department. Said device shall lock out sales from vending
machines unless an employee releases the locking mechanism. The release
mechanism must not allow continuous operations of the vending machine
and must not be accessible to customers. Vending machines should be
posted with a sign stating that the machine is equipped with a lock-out
device and identifying the person(s) to contact to purchase cigarettes
from the machine. Veterans' clubs, fraternal organizations and bars
and taverns where food is not the major source of income are exempt
from installing these lock-out devices. These clubs and bars may apply
to the Board of Licensing Commissioners for this exemption; and
(4)
No sales of tobacco products are permitted from a vending machine
which also offers for sale any nontobacco product.
A.
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 Massachusetts Department of Public Health stating that the sale
of tobacco products to persons under age 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 on
the cash register or at a distance of no greater than two feet from
the cash register.
B.
For all other cash registers that sell cigarettes and for all vending machines, the same notice as described in Subsection A shall be attached which is no smaller than nine square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. Such notice must be posted in a manner that it may be readily seen by a person standing at or approaching the cash register. Such a notice shall be placed on the cash register or at a distance of no greater than two feet from the cash register.
[Amended 6-1-2020 by Order
No. 2020-012]
No person or entity shall sell tobacco products over the counter
or in vending machines within the City of Quincy without license for
location of tobacco sales issued by the Health Department. The fee
for this license will be $50 renewable annually by July 1.
A.
Any person or entity selling tobacco to any person under age 18 shall
be punished by a fine of $100 for the first offense, $200 for the
second offense and $300 for any third or subsequent offense.
[Amended 6-1-2020 by Order
No. 2020-012]
B.
Any person or entity found to be selling tobacco to any person under
age 18 three times within 12 months shall be cause, after a public
hearing, for the revocation of a license for location of tobacco sales.
All tobacco must be removed from the premises when said license is
revoked. Licenses removed cannot be reinstated for 30 days following
the date of removal.
C.
Any person or entity found to be selling tobacco without a license
for location of tobacco sales will be subject to a fine of $200 per
day.
[Amended 6-1-2020 by Order
No. 2020-012]
D.
Any person or entity who or which fails to comply with any of these
provisions shall be punished by a fine of $50.
[Amended 6-1-2020 by Order
No. 2020-012]
A.
The Health Department may, after a public hearing, temporarily vary
the application of any provision of these regulations with respect
to any particular case when the Health Department finds the enforcement
thereof would do manifest injustice.
B.
Every request for a variance shall be made in writing on a form provided
by the Health Department and shall state the specific variance sought
and the reasons therefor. The fee for a variance request shall be
determined by the Health Department. Notice of a variance request
must be published in a local newspaper at least two weeks before the
scheduled date of the public hearing.
C.
Any variance granted must be in writing with a copy available to
the public at all reasonable hours in the office of the City Clerk
and in the office of the Health Department. Any variance granted must
be posted on the premises in a prominent location for the duration
that the variance is in effect.
[Adopted 12-18-2017 by Order No. 2017-039]
City-owned land in and around City Hall and the Adams Green
shall be designated as a smoke-free area.
Anyone found in violation of this article shall be subject to
a fine of $25 enforceable by the Quincy Police Department.
