[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.
B. 
All cigarette vending machines must display a conspicuous sign stating that it is illegal to sell cigarettes to minors, as identified in § 288-7A and B of this article.
[Amended 6-1-2020 by Order No. 2020-012]
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. 
The Health Department or its enforcement officer(s) shall enforce these regulations.
B. 
Whoever violates any provision of this article may be fined up to the maximum provided for in Chapter 1, Article I, of this Code, and as specified in § 288-10 of this article. Each day that the violation continues shall constitute a separate offense.
C. 
In addition to the enforcement as described above, the provisions of this article may also be enforced by a noncriminal complaint pursuant to the provisions of MGL c. 40, § 21D, and such penalty shall be as specified in § 288-10A, C and D.
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]