[HISTORY: Adopted by the Board of Health of the Town of Easton 1-18-1995, as amended 3-18-2013 and 2-22-2016. Subsequent amendments noted where applicable.]
A.
Whereas there exists conclusive evidence that tobacco smoking causes
cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose and throat [Note: Center for Disease
Control and Prevention, (CDC) (2012), Health Effects of Cigarette
Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/ tobacco/data_statistice/fact_sheets/health_effects/effects_cig_smoking/index.htm.];
B.
Whereas among students nationwide who smoke cigarettes and are less
than 18 years old, a substantial percentage of them usually obtained
them by buying them in a store (i.e. convenience store, supermarket,
or discount store) or gas station [Note: CDC (2009), Youth Risk Behavior,
Surveillance Summaries (Morbidity and Mortality Weekly Report (MMWR)
2010:59, 11 (No. SS-55)) Retrieved from: http://www.cdc.gov/Healthy
Youth/yrbs/index.htm.];
C.
Whereas the U.S. Department of Health and Human Services has concluded
that nicotine is as addictive as cocaine or heroin [Note: CDC (2010),
How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis
for Smoking-Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data_statistics/sgr/2010/.]
and the Surgeon General found that nicotine exposure during adolescence,
a critical window for brain development, may have lasting adverse
consequences for brain development [Note: U.S. Department of Health
and Human Services. 2014. The Health Consequences of Smoking - 50
Years of Progress: A Report of the Surgeon General. Atlanta: U.S.
National Center for Chronic Disease Prevention and Health Promotion,
Office on Smoking and Health, p. 122. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-
progress/full-report.pdf.], and that it is addiction to nicotine that
keeps youth smoking past adolescence. [Note: Health and Human Services.
2014. The Health Consequences of Smoking — 50 Years of Progress:
A Report of the Surgeon General, 2014 U.S. Surgeon General's
Report Atlanta: U.S. National Center for Chronic Disease Prevention
and Health Promotion, Office on Smoking and Health, Executive Summary
p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-
summary.pdf];
D.
Whereas leading cigarette manufacturers "spent billions of dollars
every year on their marketing activities in order to encourage young
people to try and then continue purchasing their cigarette products
in order to provide the replacement smokers they need to survive"
and that these companies were likely to continue targeting underage
smokers. [Note: United States v. Phillip Morris, Inc., RJ Reynolds
Tobacco Co., et al., 449 F.Supp.2d 1 (D.D.C. 2006) at Par. 3301 and
Pp. 1605-07.];
E.
Whereas a substantial percentage of all adult smokers begin smoking
before the age of 18, and statistics reveal that millions middle and
high school students smoke. [Note: SAMHSA, Calculated based on data
in 2011 National Survey on Drug Use and Health and U. S. Department
of Health and Human services (HHA). The Health Consequences of Smoking-50
Years of Progress. A Report of the Surgeon General, 2014.];
F.
Whereas the Institute of Medicine (IOM) has concluded that raising
the minimum age of legal access to tobacco products to 21 will reduce
tobacco initiation, particularly among adolescents 15-17, and will
improve health across the lifespan and save lives. [Note: IOM (Institute
of Medicine) 2015. Public Health Implications of Raising the Minimum
Age of Legal Access to Tobacco Products. Washington DC: The National
Academies Press, 2015.];
G.
Whereas sales of flavored little cigars increased by 23% between
2008 and 2010 [Note: Delnevo, C., Flavored Little Cigars memo, September
21, 2011, from Neilson market scanner data.] and many non-cigarette
tobacco products, such as cigars and cigarillos, can be sold in a
single "dose;" enjoy a relatively low tax as compared to cigarettes;
are available in fruit, candy and alcohol flavors; and, along with
other emerging nicotine delivery devices, are popular among youth
[Note: CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR
2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.];
H.
Whereas the federal Family Smoking Prevention and Tobacco Control
Act (FSPTCA), enacted in 2009, prohibited candy- and fruit-flavored
cigarettes, [Note: 21 U.S.C. § 387g.] largely because these
flavored products were marketed to youth and young adults [Note: Carpenter
CM, Wayne GF, Pauly JL, et al. 2005. "New Cigarette Brands with Flavors
that Appeal to Youth: Tobacco Marketing Strategies." Health Affairs.
24(6): 1601-1610; Lewis M and Wackowski O. 2006. "Dealing with an
Innovative Industry: A Look at Flavored Cigarettes Promoted by Mainstream
Brands." American Journal of Public Health. 96(2): 244-251; Connolly
GN. 2004. "Sweet and Spicy Flavours: New Brands for Minorities and
Youth." Tobacco Control. 13(3): 211-212; U.S. Department of Health
and Human Services. 2012. Preventing Tobacco Use Among Youth and Young
Adults: A Report of the Surgeon General. Atlanta: U.S. National Center
for Chronic Disease Prevention and Health Promotion, Office on Smoking
and Health, p. 537, www.surgeongeneral.gov/library/reports/ preventing-youth-tobacco-use/full-report.pdf.],
and younger smokers were more likely to have tried these products
than older smokers [Note: U.S. Department of Health and Human Services.
2012. Preventing Tobacco Use Among Youth and Young Adults: A Report
of the Surgeon General. Atlanta: U.S. National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
p. 539, www.surgeongeneral.gov/library/reports/ preventing-youth-tobacco-use/full-report.pdf.],
Federal and State laws restricting sales of flavored non-cigarette
tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah
tobacco, and electronic devices and the nicotine solutions used in
these devices are insufficient to adequately curb the use thereof;
I.
Whereas the U.S. Food and Drug Administration and the U.S. Surgeon
General have stated that flavored tobacco products are considered
to be "starter" products that help establish smoking habits that can
lead to long-term addiction [Note: Food and Drug Administration. 2011.
Fact Sheet: Flavored Tobacco Products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/
UCM183214.pdf; U.S. Department of Health and Human Services. 2012.
Preventing Tobacco Use Among Youth and Young Adults: A Report of the
Surgeon General. Atlanta: U.S. National Center for Chronic Disease
Prevention and Health Promotion, Office on Smoking and Health, p.
539, www.surgeongeneral.gov/ library/reports/preventing-youth-tobacco-use/full-report.pdf.];
J.
Whereas the U.S. Surgeon General recognized in his 2014 report that
a complementary strategy to assist in eradicating tobacco related
death and disease is for local governments to ban categories of products
from retail sale. [Note: Health and Human Services. 2014. The Health
Consequences of Smoking — 50 Years of Progress: A Report of
the Surgeon General, 2014 Atlanta: U.S. National Center for Chronic
Disease Prevention and Health Promotion, Office on Smoking and Health,
p. 85.];
K.
Whereas the U.S. Centers for Disease Control and Prevention reported
that current electronic cigarette use among middle and high school
students tripled from 2013 to 2014 [Note: Centers for Disease Control
& Prevention. 2015. "Tobacco Use Among Middle and High School
Students — United States, 2011-2014," Morbidity and Mortality
Weekly Report (MMWR) 64(14): 381-385.]
L.
Whereas nicotine solutions, which are consumed via electronic or
battery-operated delivery smoking devices such as electronic cigarettes,
are sold in dozens of flavors that appeal to youth, such as cotton
candy and bubble gum [Note: Cameron JM, Howell DN, White JR, et al.
2013. "Variable and Potentially Fatal Amounts of Nicotine in E-cigarette
Nicotine Solutions." Tobacco Control. [Electronic publication ahead
of print], http://tobaccocontrol.bmj.com/content/early/2013/02/12/tobaccocontrol-2012-050604.full;U.S.
Department of Health and Human Services. 2012. Preventing Tobacco
Use Among Youth and Young Adults: A Report of the Surgeon General.
Atlanta: U.S. National Center for Chronic Disease Prevention and Health
Promotion, Office on Smoking and Health, p. 549, www.surgeongeneral.gov/library/reports/preventing-youth-
tobacco-use/full-report.pdf.];
M.
Whereas the Massachusetts Department of Environmental Protection
has classified liquid nicotine in any amount as an "acutely hazardous
waste" (310 CMR 30.136);
N.
Whereas in a lab analysis conducted by the FDA, electronic cigarette
cartridges that were labeled as containing no nicotine actually had
low levels of nicotine present in all cartridges tested, except for
one [Note: Food and Drug Administration, Summary of Results: Laboratory
Analysis of Electronic Cigarettes Conducted by FDA, available at:
http://www.fda.gov/newsevents/publichealthfocus/ucm173146.htm.];
O.
Whereas according to the CDC's youth risk behavior surveillance
system, a substantial percentage of high school students in Massachusetts
reported the use of cigars. [Note: CDC (2013) Youth Risk Behavior,
Surveillance Summaries (MMWR 2014: 63 (No SS-04)). Retrieved from:
www.cdc.gov.];
P.
Whereas data from the National Youth Tobacco Survey indicate that
more than a substantial percentage of U.S. middle and high school
smokers report using flavored little cigars or flavored cigarettes.
[Note: King BA, Tynan MA, Dube SR, et al. 2013. "Flavored-Little-Cigar
and Flavored-Cigarette Use Among U.S. Middle and High School Students."
Journal of Adolescent Health. [Article in press], www.jahonline.org/article/S1054-139X%2813%2900415-1/abstract.];
Q.
Whereas in Massachusetts, youth use of cigars and smokeless tobacco
can be even higher than the rate of current cigarette use. [Note:
Commonwealth of Massachusetts, Data Brief, Youth Tobacco Use in Massachusetts:
Survey Results from 1993 to 2013.];
R.
Whereas research shows that increased cigar prices significantly
decreased the probability of male adolescent cigar use. [Note: Ringel,
J., Wasserman, J., & Andreyeva, T. (2005) Effects of Public Policy
on Adolescents' Cigar Use: Evidence from the National Youth Tobacco
Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411
and cited in Cigar, Cigarillo and Little Cigar Use among Canadian
Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim.
P. 2011, Aug: 32(3-4): 161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109.];
S.
Whereas the sale of tobacco products is incompatible with the mission
of health care institutions because these products are detrimental
to the public health and their presence in health care institutions
undermine efforts to educate patients on the safe and effective use
of medication, including cessation medication;
T.
Whereas the Massachusetts Supreme Judicial Court has held that" .
. . [t]he right to engage in business must yield to the paramount
right of government to protect the public health by any rational means"
[Note: Druzik et al v. Board of Health of Haverhill, 324 Mass.129
(1949).].
Now, therefore it is the intention of the Easton Board of Health
to further regulate the sale of tobacco products.
This regulation is promulgated pursuant to the authority granted
to the Easton Board of Health by Massachusetts General Laws Chapter
111, Section 31 which states "Boards of health may make reasonable
health regulations."
For the purpose of this regulation, the following words shall
have the following meanings [Note: Such terms, as used herein need
not be capitalized in order to have the below-defined meaning.]:
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers.
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.
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, menthol, mint or wintergreen, imparted or detectable
either prior to or during consumption of a tobacco product or component
part thereof, including, but not limited to, tastes or aromas relating
to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic
beverage, herb or spice; provided, however, that no tobacco product
shall be determined to have a characterizing flavor solely because
of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco with or without a tip or mouthpiece
not otherwise defined as a cigarette under Massachusetts General Law,
Chapter 64C, Section 1, Paragraph 1.
Any element of a tobacco product, including, but not limited
to, the tobacco, filter and paper, but not including any constituent.
Any ingredient, substance, chemical or compound, other than
tobacco, water or reconstituted tobacco sheet, that is added by the
manufacturer to a tobacco product during the processing, manufacturing
or packaging of the tobacco product. Such term shall include a smoke
constituent.
Any card, paper, note, form, statement, ticket or other issue
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
Perceivable by either the sense of smell or taste.
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education, including, but not limited
to: elementary schools, middle schools, high schools and colleges.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
Any tobacco product or component part thereof that contains
a Constituent that has or produces a Characterizing Flavor. A public
statement, claim or indicia made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
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 Massachusetts Department of Public Health under MGL c. 112
or a retail establishment that provides pharmaceutical goods and services
and is subject to the provisions of 247 CMR 6.00. Health care institutions
include, but are not limited to, hospitals, clinics, health centers,
pharmacies, drug stores, doctor offices, optician/optometrist offices
and dentist offices.
A bottle or other vessel which contains nicotine in liquid
or gel form, whether or not combined with another substance or substances,
for use in a tobacco product, as defined herein. The term does not
include a container containing nicotine in a cartridge that is sold,
marketed, or intended for use in a tobacco product, as defined herein,
if the cartridge is prefilled and sealed by the manufacturer and not
intended to be open by the consumer or retailer.
The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the state price, and before the application of any discounts or
coupons.
The age an individual must be before that individual can
be sold a tobacco product in the municipality.
A mechanical device made available for use (including to
an individual who produces cigars, cigarettes, smokeless tobacco,
pipe tobacco, or roll-your-own tobacco solely for the individual's
own personal consumption or use) that is capable of making cigarettes,
cigars or other tobacco products. RYO machines located in private
homes used for solely personal consumption are not Non-Residential
RYO machines.
Any person engaged in the sale or distribution of tobacco
products who applies for and receives a tobacco product sales permit
or any person who is required to apply for a Tobacco Product Sales
Permit pursuant to these regulations, or his or her business agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including but not limited to,
an owner, operator, manager, proprietor or person in charge of any
establishment, business or retail store.
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale, but
not for resale, tobacco products and tobacco paraphernalia, in which
the sale of other products is merely incidental, and in which the
entry of persons under the minimum legal sales age is prohibited at
all times, and maintains a valid permit for the retail sale of tobacco
products as required to be issued by the Easton Board of Health.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from an employee or store personnel.
Any chemical or chemical compound in mainstream or sidestream
tobacco smoke that either transfers from any component of the tobacco
product to the smoke or that is formed by the combustion or heating
of tobacco, additives or other component of the tobacco product.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by Mass. General Law Ch. 270, § 22 to maintain
a valid permit to operate a smoking bar issued by the Massachusetts
Department of Revenue. "Smoking bar" shall include, but not be limited
to, those establishments that are commonly known as "cigar bars" and
"hookah bars."
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 hookah, or other similar
products, regardless of nicotine content, that rely on vaporization
or aerosolization. "Tobacco product" includes any component or part
of a 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.
Any automated or mechanical self-service device, which upon
insertion of money, tokens or any other form of payment, dispenses
or makes cigarettes or any other tobacco products, as defined herein.
A.
No person shall sell tobacco products or permit tobacco products,
as defined herein, to be sold to a person under the minimum legal
sales age; or not being the individual's parent or legal guardian,
give tobacco products, as defined herein, to a person under the minimum
legal sales age. The minimum legal sales age in Easton is 21.
B.
Required signage.
(1)
In conformance with and in addition to Massachusetts General Law,
Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter
270, Section 6, shall be posted conspicuously by the owner or other
person in charge thereof in the shop or other place used to sell tobacco
products at retail. The notice shall be provided by the Massachusetts
Department of Public Health and made available from the Easton Board
of Health. The notice shall be at least 48 square inches and shall
be posted conspicuously by the permit holder in the retail establishment
or other place in such a manner so that it may be readily seen by
a person standing at or approaching the cash register. The notice
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. The owner or other person in charge of a
shop or other place used to sell tobacco products at retail shall
conspicuously post any additional signs required by the Massachusetts
Department of Public Health.
(2)
The owner or other person in charge of a shop or other place used
to sell tobacco products, as defined herein, at retail shall conspicuously
post signage provided by the Easton Board of Health that discloses
current referral information about smoking cessation.
(3)
The owner or other person in charge of a shop or other place used
to sell tobacco products, as defined herein, at retail shall conspicuously
post a sign stating that "The sale of tobacco products, including
e-cigarettes, to someone under the minimum legal sales age of 21 years
is prohibited." The notice 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. The notice
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.
C.
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. A failure to seek verification for any person under the
age of 27 shall be deemed a violation of the terms hereof.
D.
All retail sales of tobacco products, as defined herein, must be
face-to-face between the seller and the buyer and occur at the permitted
location.
A.
No person shall sell or otherwise distribute tobacco products, as
defined herein, within the town of Easton without first obtaining
a Tobacco Product Sales Permit issued annually by the Easton Board
of Health. Said permits shall be issued annually by the Board of Health
no later than January 15th and any and all applications for permits
or renewals thereof must be received by no later than December 15th.
Only owners of establishments with a permanent, non-mobile location
in Easton are eligible to apply for a permit and sell tobacco products,
as defined herein, at the specified location in Easton.
B.
As part of the Tobacco Product Sales Permit application process,
the applicant will be provided with any and all Easton regulations
governing such permits. Each applicant is required to sign a statement
declaring that the applicant has read said regulations and that the
applicant is responsible for instructing any and all employees who
will be responsible for tobacco product sales regarding federal, state
and local laws regarding the sale of tobacco and this regulation.
C.
Each applicant who sells tobacco products is required to provide
proof of a current Tobacco Retailer License issued by the Massachusetts
Department of Revenue, when required by state law, before a Tobacco
Product Sales Permit can be issued.
D.
The fee for a Tobacco Product Sales Permit shall be determined by
the Easton Board of Health annually.
E.
A separate permit is required for each retail establishment selling
tobacco products, as defined herein.
F.
Each Tobacco Product Sales Permit shall be displayed at the retail
establishment in a conspicuous place.
G.
A Tobacco Product Sales Permit is non-transferable. A new owner of
an establishment that sells tobacco products, as defined herein, must
apply for a new permit. No new permit will be issued unless and until
all outstanding penalties incurred by the previous permit holder are
satisfied in full.
H.
Issuance of a Tobacco Product Sales Permit shall be conditioned on
an applicant's consent to unannounced, periodic inspections of
his/her retail establishment to ensure compliance with this regulation.
I.
A Tobacco Product Sales Permit will not be renewed if the permit
holder has failed to pay all fines issued and the time period to appeal
the fines has expired and/or the permit holder has not satisfied any
outstanding permit suspensions.
A.
No person shall sell or distribute or cause to be sold or distributed
a single cigar.
B.
No person shall sell or distribute or cause to be sold or distributed
any original factory-wrapped package of two or more cigars, unless
such package is priced for retail sale at $5 or more.
C.
This Section shall not apply to:
(1)
The sale or distribution of any single cigar having a retail price
of $2.50 or more.
(2)
A person or entity engaged in the business of selling or distributing
cigars for commercial purposes to another person or entity engaged
in the business of selling or distributing cigars for commercial purposes
with the intent to sell or distribute outside the boundaries of Easton.
D.
The Easton Board of Health may, upon due notice, adjust from time
to time the amounts specified in this Section to reflect changes in
the applicable Consumer Price Index by amendment of this regulation.
No person shall sell or distribute or cause to be sold or distributed
any flavored tobacco product, except in smoking bars and retail tobacco
stores.
No person or entity shall sell or distribute blunt wraps in
Easton.
No person shall:
A.
Distribute or cause to be distributed, any free samples of tobacco
products, as defined herein.
B.
Accept or redeem, offer to accept or redeem, or cause or hire any
person to accept or redeem or offer to accept or redeem any coupon
that provides any tobacco product, as defined herein, without charge
or for less than the listed or non-discounted price; or
C.
Sell a tobacco product, as defined herein, to consumers through any
multi-pack discounts (e.g., "buy-two-get-one-free") or otherwise provide
or distribute to consumers any tobacco product, as defined herein,
without charge or for less than the listed or non-discounted price
in exchange for the purchase of any other tobacco product.
A.
The sale or distribution of tobacco products, as defined herein,
in any form other than an original factory-wrapped package is prohibited,
including the repackaging or dispensing of any tobacco product, as
defined herein, for retail sale. No person 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.
B.
A retailer of Liquid Nicotine Containers must comply with the provisions
of 310 CMR 30.000, and must provide the Easton Board of Health with
a written plan for disposal of said product, including disposal plans
for any breakage, spillage or expiration of the product.
All self-service displays of tobacco products, as defined herein,
are prohibited. All humidors including, but not limited to, walk-in
humidors must be locked.
All vending machines containing tobacco products, as defined
herein, are prohibited.
All Non-Residential Roll-Your-Own machines are prohibited.
No health care institution located in Easton shall sell or cause
to be sold tobacco products, as defined herein. No retail establishment
that operates or has a health care institution within it, such as
a pharmacy, optician/optometrist or drug store, shall sell or cause
to be sold tobacco products, as defined herein.
No educational institution located in Easton shall sell or cause
to be sold tobacco products, as defined herein. This includes all
educational institutions as well as any retail establishments that
operate on the property of an educational institution.
A.
It shall be the responsibility of the establishment, permit holder
and/or his or her business agent to ensure compliance with all sections
of this regulation. The violator shall receive:
(1)
In the case of a first violation, a fine of $100.
(2)
In the case of a second violation within 36 months of the date of
the current violation, a fine of $200 and the Tobacco Product Sales
Permit shall be suspended for seven consecutive business days.
(3)
In the case of three or more violations within a thirty-six-month
period, a fine of $300 and the Tobacco Product Sales Permit shall
be suspended for 30 consecutive business days.
B.
Refusal to cooperate with inspections pursuant to this regulation
shall result in the suspension of the Tobacco Product Sales Permit
for 30 consecutive business days.
C.
In addition to the monetary fines set above, any permit holder who
engages in the sale or distribution of tobacco products while his
or her permit is suspended shall be subject to the suspension of all
Board of Health issued permits for 30 consecutive business days.
D.
The Easton Board of Health shall provide notice of the intent to
suspend or revoke a Tobacco Product Sales Permit, which notice shall
contain the reasons therefor and establish a time and date for a hearing
which date shall be no earlier than seven days after the date of said
notice. The permit holder or its business agent shall have an opportunity
to be heard at such hearing and shall be notified of the Board of
Health's decision and the reasons therefore in writing. After
a hearing, the Easton Board of Health may suspend or revoke the Tobacco
Product Sales Permit if the Board of Health finds that a violation
of this regulation occurred. For purposes of such suspensions or revocations,
the Board shall make the determination notwithstanding any separate
criminal or non-criminal proceedings brought in court hereunder or
under the Massachusetts General Laws for the same offense. All tobacco
products, as defined herein, shall be removed from the retail establishment
upon suspension or revocation of the Tobacco Product Sales Permit.
Failure to remove all tobacco products, as defined herein, shall constitute
a separate violation of this regulation.
Whoever violates any provision of this regulation may be penalized
by the non-criminal method of disposition as provided in Massachusetts
General Laws, Chapter 40, Section 21D or by filing a criminal complaint
at the appropriate venue.
Each day any violation exists shall be deemed to be a separate
offense.
If any provision of this regulation is declared invalid or unenforceable,
the other provisions shall not be affected thereby but shall continue
in full force and effect.
This regulation shall take effect on ______________________,
2016.
