[Added 5-12-1998 by Ord. No. 1998-12; amended 2-27-2007 by Ord. No. 2007-4; 3-22-2011 by Ord. No. 2011-5]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
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 any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
EDUCATIONAL INSTITUTION
Any public or private college, normal school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnership, association, corporation, trust or other organized group of individuals, including the City of Fall River or any agency thereof, which uses the services of one or more employees.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the State Department of Public Health under MGL c. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. "Health care institution" includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drugstores, doctor offices and dentist offices.
INDIVIDUAL
Any employee or volunteer or any person who patronizes an area where tobacco products or nicotine delivery products are sold.
MINOR
Any individual who is under the age of 18.
NICOTINE DELIVERY PRODUCT
Any article or product made wholly or in part of a tobacco substitute or otherwise containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been 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 product" includes, but is not limited to, e-cigarettes.
PERMITTEE
Any sole proprietorship, partnership, joint venture, corporation or other place of business, including retail establishments and bars, that has been issued a permit for site and sale of tobacco products and nicotine delivery products by the City Board of Health regulating the sale of tobacco products in the City.
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.
RETAIL STORE
Any establishment selling goods or articles or personal services to the public.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product or a nicotine delivery product without assistance from an employee or store personnel, excluding vending machines.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.
VENDING MACHINE
Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco, tobacco products or nicotine delivery products upon the insertion of coins, trade checks, slugs or other forms of payment.
A. 
It shall be the responsibility of the permittee and/or the individual in charge of the area where tobacco products or nicotine delivery products are being sold to ensure compliance with all sections of this article pertaining to his place of business. The permittee and/or individual in charge of the area permitted for tobacco or nicotine delivery product sales or person involved in violation of any of the provisions of this article will receive a fine as follows:
(1) 
In case of a first violation, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $100.
(2) 
In case of a second violation within 24 months of the date of the current violation, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $200 and the permit for site and sale of tobacco products and nicotine delivery products may be suspended for seven consecutive business days.
(3) 
In case of a third violation or more violations within two years, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $300 and the permit for site and sale of tobacco products and nicotine delivery products may be suspended for 30 consecutive business days.
B. 
Any person who violates any provision of this article may be penalized by noncriminal disposition pursuant to MGL c. 40, § 21D, and as specified in Chapter 2, Article X, of the City Code or by filing a criminal complaint at the appropriate venue with penalties as set forth in Subsection A of this section.
C. 
Refusal to cooperate with inspections pursuant to this section may result in the suspension of the permit for site and sale of tobacco products and nicotine delivery products for 30 consecutive business days.
D. 
In addition to the monetary fines set above, any permittee who engages in the sale or distribution of tobacco products or nicotine delivery products directly to a consumer while his permit is suspended may be subject to the suspension of all Board of Health issued permits for 30 consecutive business days.
E. 
The City Board of Health shall provide written notice to the permittee of the intent to suspend a permit. The notice shall contain the reasons for the suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven days after the date of the notice. The permittee shall have an opportunity to be heard at such hearing. After a hearing, the City Board of Health may suspend the permit for site and sale of tobacco products and nicotine delivery products if the Board finds that a sale to a minor has occurred. The permittee shall be notified of the Board of Health's decision in writing.
A. 
The Board of Health will periodically engage individuals under the age of 18 to attempt to purchase cigarettes, other tobacco products or nicotine delivery products for the purpose of monitoring compliance with this article.
B. 
The Board of Health, or its officers and agents, shall enforce this article.
A. 
No person shall sell tobacco products or nicotine delivery products over the counter or by vending machine within the City without a permit for site and sale of tobacco products and nicotine delivery products issued by the City Board of Health for each tobacco retail place of business. The fee for this permit shall be as provided in Chapter A110, Fee Schedule, of the City Code, and is due upon commencement of operation. The permit is renewable annually each January 1.
B. 
A permit for site and sale of tobacco products and nicotine delivery products is nontransferable; however, a new permit will be issued when a retail store changes location and has shown compliance pertaining to the provisions of this article. A new owner of an establishment that sells tobacco must apply for a new permit for site and sale of tobacco products and nicotine delivery products. No new permit will be issued unless and until all outstanding penalties incurred by the previous permittee are satisfied in full.
C. 
Each applicant selling tobacco products is required to provide proof of a current tobacco sales license issued by the State Department of Revenue before a tobacco sales permit can be issued.
D. 
Each permit for site and sale of tobacco products and nicotine delivery products shall be displayed at the retail establishment in a conspicuous place.
E. 
As part of the permit application process, the applicant will be provided with the ordinance from which this article is derived. Each applicant is required to sign a statement declaring that the applicant has read said ordinance and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco or nicotine delivery product sales regarding both the ordinance and state laws pertaining to the sale of tobacco.
F. 
No permittee shall sell tobacco products or nicotine delivery products until the owner or manager has completed a retailer training session conducted by the City Board of Health.
G. 
No permittee shall allow any employee to sell tobacco products or nicotine delivery products until such employee reads the ordinance from which this article is derived 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 ordinance and applicable state laws.
H. 
Issuance of a permit for site and sale of tobacco products and nicotine delivery products shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this section.
I. 
A permit for site and sale of tobacco products and nicotine delivery products will not be renewed if the permittee has failed to pay taxes owed to the City and all fines issued and the time period to appeal the fines has expired.
A. 
No person shall sell any tobacco product or any nicotine delivery product in any of its forms to any person under the age of 18 or, not being his parent or guardian, give a tobacco product or nicotine delivery product in any of its forms to any person under the age of 18.
B. 
Each permittee shall verify by means of a photograph identification containing the bearer's date of birth that no person purchasing tobacco products or nicotine delivery products is younger than 18 years of age. No such verification is required for any purchaser over the age of 26. A written note or telephone communication from a parent or guardian will not be sufficient to allow a person under the age of 18 to purchase a tobacco product or a nicotine delivery product.
A. 
Tobacco products. 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 Department of Public Health stating that the sale of tobacco products to persons under the age of 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 directly facing the purchaser and shall not be obstructed from view. Such notice shall be placed on the cash register or at a distance no greater than two feet from the cash register.
B. 
Nicotine delivery products. The owner or other person in charge of a shop or other place used to sell nicotine delivery products at retail shall conspicuously post a sign stating that "The sale of nicotine delivery products to minors under 18 years of age is prohibited." The owner or other person in charge of a shop or other place used to sell e-cigarettes at retail shall conspicuously post a sign stating that "The use of e-cigarettes at indoor establishments may be prohibited by local law." The notices shall be no smaller than 8.5 inches by 11 inches and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may be readily seen by a person standing at or approaching the cash register. These notices shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four feet or greater than nine feet from the floor.
A. 
In order to restrict access to tobacco products and nicotine delivery products to minors, all vending machines in the City must be equipped with a lock-out device approved by the City Board of Health, be located only in an establishment with a valid pouring liquor license, be located in establishments where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time and be in operation in the permitted establishment as of January 1, 2009. The device shall lock out all sales, and the locking mechanism shall be such that it can only be released to operate on a one-time only basis by an employee of the establishment owning, managing or leasing the vending machine. No new vending machines may be installed after December 31, 2008.
B. 
Vending machines shall be located within the immediate vicinity and in plain view and control of a responsible employee so that all purchases are observable and controllable.
C. 
Vending machines must be posted with signage stating that the machine is equipped with a lock-out device and identifying the person in charge of release of the lock-out device.
D. 
Vending machines must be posted with signage that indicates that cigarettes will not be sold to any person under the age of 18.
E. 
Self-service displays of tobacco products or nicotine delivery products are prohibited. All humidors, including, but not limited to, walk-in humidors, must be locked. The only exception is self-service displays that are located in facilities where the retailer ensures that no person younger than 18 years of age is present, or permitted to enter, at any time.
A. 
No manufacturer, distributor or retailer may distribute or cause to be distributed any free samples of tobacco products or nicotine delivery products within the City.
B. 
No person shall accept from a minor any coupons or vouchers redeemable for tobacco products or nicotine delivery products in the City.
No manufacturer, distributor or retailer may sell or cause to be sold, or distribute or cause to be distributed, any cigarette package that contains fewer than 20 cigarettes, including single cigarettes.