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.
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.
[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.
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.