[Added 2-21-1995; amended 5-30-1995]
As used in this article, the following terms shall have the meanings indicated:
SELF-SERVICE MERCHANDISING
Open display of tobacco products and point-of-sale tobacco products that the public has access to without the intervention of an employee.
TOBACCO PRODUCT
Any tobacco cigarette, cigar, pipe tobacco, smokeless tobacco, snuff or any other form of tobacco which may be utilized for smoking, chewing, inhalation or other manner of ingestion.
TOBACCO RETAILER
Any person or governmental entity that operates a store, stand, booth, concession, or other place at which sales of tobacco products are made to purchasers for consumption or use in the City.
TOBACCO SPECIALTY STORE
A tobacco retailer whose business exclusively or primarily involves the sale of tobacco products and related goods.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.[1]
[1]
Editor's Note: The definition of "vendor assisted" which immediately followed this definition was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
No person, firm, corporation or association shall engage in the sale of tobacco products without first having obtained a license per the requirements set forth in Article I of this chapter.
A. 
The City Council does hereby find that:
(1) 
Substantial scientific evidence exists that the use of tobacco products causes cancer, heart disease, and various other medical diseases. The Surgeon General of the U.S. has found that tobacco-caused diseases are the leading cause of premature, preventable death and disability in the U.S.;
(2) 
The National Centers for Disease Control have found that at least 434,000 Americans die each year from tobacco-caused diseases. The Surgeon General of the U.S. and the U.S. Department of Health and Human Services have found that a majority of those Americans who die of tobacco-caused diseases became addicted to nicotine in tobacco products as adolescents before the age of legal consent;
(3) 
The National Institute on Drug Abuse has concluded that the nicotine in tobacco products is a powerful addictive drug and identifies nicotine addiction as the most widespread example of drug dependence in the U.S.;
(4) 
The Surgeon General of the U.S. has found that nicotine in tobacco products is as addictive as cocaine and heroin; and
(5) 
The National Institute on Drug Abuse has found that tobacco use by adolescents precedes and is predictive of adolescent illicit drug use.
B. 
Accordingly, the City Council finds and declares it in the public interest to:
(1) 
License tobacco vendors, including tobacco vending machines;
(2) 
Prohibit self-service sales, self-service displays, racks and shelves of tobacco products except in those premises to which access by minors is not allowed; and
(3) 
Require the posting of warning signs at the point of purchase stating the legal age of sale and that identification is required to purchase tobacco products.
C. 
The City Council further finds it is within its basic police power to implement and enforce the provisions of this article.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Any person, business, tobacco retailer, or other establishment subject to this article shall post plainly visible signs at the point of purchase of tobacco products which state, "the sale of tobacco products to persons under 21 years of age is prohibited by law. Valid ID is required to purchase tobacco. If you witness any clerk in this establishment selling tobacco products to a minor, please contact the Westbrook Police Department."
B. 
No person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this article shall sell, offer to sell or permit to be sold any tobacco product to an individual without requesting and examining identification unless the seller has some reasonable basis for determining the buyer's age.
C. 
It shall be unlawful for any person, business, or tobacco retailer, except tobacco specialty stores which do not allow persons under the age of 21 to enter the premises, to sell, permit to be sold, offer for sale or display for sale any tobacco product by means of self-service merchandising.
D. 
All tobacco specialty stores and all tobacco retailers, including establishments that have tobacco vending machines and are open to the public under 21 years of age, will obtain a tobacco vendor's license from the City and will openly display the license.
A. 
Enforcement of this article shall be the responsibility of the Chief of Police or his or her designee.
B. 
Any citizen who desires to register a complaint under this article may initiate a complaint with the Police Department. The Chief of Police shall notify, and keep a record of notice, any establishment subject to this article of all citizen complaints under this article regarding apparent violation of this article by said person, tobacco retailer, or any owner, manager or operator of any establishment subject to this article.
C. 
Notwithstanding any other provisions of this article, a private citizen may bring legal action to enforce this article.
A. 
It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to this article to fail to comply with any of its provisions.
B. 
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this article shall have the following responsibilities:
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
(1) 
To post plainly visible signs at point of purchase stating the sale of tobacco products to persons under the age of 21 is prohibited by law and valid identification is required to purchase tobacco;
(2) 
To request identification from any person buying tobacco products which shows the purchaser is of legal age unless the seller has some reasonable basis for determining the buyer's age;
(3) 
To eliminate self-service merchandising of tobacco products except for tobacco specialty stores which do not allow persons under the age of 21 to enter the premises; and
(4) 
To openly display tobacco vendor's license.
C. 
Penalties.
(1) 
Any person, business, tobacco retailer, or owner, manager or operator of any establishment subject to this article who violates any provision of this article shall be deemed guilty of an infraction, punishable by:
(a) 
First violation: a fine;
(b) 
Second violation within one year: a fine;
(c) 
Third violation within one year: revocation of tobacco products license for a period of 30 days; and
(d) 
Fourth violation within one year: revocation of tobacco products license for a period of one year.
(2) 
All fines referred to above are listed in Chapter A401, Master Fine Schedule.
No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant agrees to abide by the provisions of this article.
This article shall not be interpreted or construed to permit tobacco vending machines and distribution of tobacco product samples where they are otherwise restricted by other applicable laws.
The municipal officers, in addition to other provisions of this code authorizing such action, may deny, suspend, or revoke a license upon stipulations set forth in § 205-8, as well as any of the following grounds:
A. 
Conviction of an alcohol or tobacco violation; or
B. 
Conviction of a crime involving minor children.