[Adopted effective 4-1-2002]
This regulation is promulgated under the authority granted to the Hull Board of Health under the Massachusetts General Laws, Chapter 111, Section 31 that "Boards of Health may make reasonable health regulations."
Whereas there exists conclusive evidence that tobacco smoke
causes cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose and throat and whereas at least 1/2
of all smokers begin smoking before the age of 18; and whereas an
estimated 3,000 minors begin smoking every day in the United States;
and whereas nicotine in tobacco has been found by the United States
Surgeon General to be a powerfully addictive drug; and whereas despite
state laws prohibiting the sale of tobacco products to minors, access
by minors to tobacco products is a major problem; and whereas a board
of health regulation requiring proof of age in order to purchase tobacco
products is necessary in order to restrict the access of minors to
tobacco products in the interest of public health; now, therefore,
it is the policy of the Hull Board of Health to discourage minors
from experimenting with tobacco and to make tobacco products less
accessible to minors and to protect the right of those who wish to
breathe smokefree air and establishes to protect and improve the public
health and welfare by prohibiting smoking in public places.
For the purpose of this regulation, the following words shall
have the meanings respectively ascribed to them by this section:
The Board of Health of the Town of Hull.
Any sole proprietorship, partnership, joint venture, corporation
or other business entity formed, including retail establishments were
goods and services are sold as well as professional corporations and
other entities where legal, medical, dental, engineering, architectural
or other professional and commercial services are delivered.
Any individual person who performs services for an employer.
An individual person, partnership, association, corporation,
trust, or other organized group of individuals, including the Town
of Hull or any agency thereof, which utilizes the services of one
or more individual employees.
Includes any agent of the Hull Board of Health, and law enforcement
officials.
The permit issued by the Hull Board of Health which authorizes
any business including retail establishments and bars, regulating
the location and sale of tobacco products in the Town of Hull.
Any person, 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
building, establishment, business, or restaurant or retail store,
or the agents or designees of any of the foregoing.
That capacity desiganted on the Certificate of Inspection
(issued by the Building Department) of a retaurant, theater or sports
arena.
Any display of tobacco products which is so located such
that said products are accessible to customers without assistance
from an employee or store personnel.
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff
or tobacco in any of its forms.
Any automated or mechanical, self-service device, which,
upon insertion of money, tokens or any other form of payment, dispenses
cigarettes or any other tobacco product.
A.
Tobacco sales to minors. Massachusetts General Laws Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of 18 or, not being his parent or guardian, gives a cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person under the age of 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.
B.
Posting state law. In conformance with Massachusetts General Laws, 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 cigarettes at retail. The notice to be posted shall be provided by the Massachusetts Department of Public Health. 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 so that it may be readily seen by a person standing at or approaching the cash register. Such 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. For all other cash registers that sell cigarettes, a notice 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 or the Hull Board of Health. Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register. Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than four feet or more than nine feet from the floor.
C.
Enforcement. The Hull Board of Health or its enforcement officer(s)
shall enforce this regulation. Whoever violates this provision shall
be punished by a fine of not less than $25. Any person unlawfully
removing a copy so posted while said premises are used for the sale
of cigarettes shall be punished by a fine of $10.
D.
Identification required. No retailer shall sell or permit to be sold
cigarettes or other tobacco products to an individual without requesting
and examining identification establishing the purchaser's age as 18
years or greater unless the seller has some other conclusive basis
for determining the buyer's age.
A.
On and after March 1, 1996, the Hull Board of Health will issue a
"Permit for Location and Sales" that will specify the name, address,
and approved location per the Hull Board of Health or their designated
agent(s) for retailers who sell tobacco products.
B.
After March 1, 1996, all retailers who sell cigarettes or other tobacco
products will be required to hold and maintain a valid Permit for
Location and Sales from the Town of Hull Board of Health for each
location at which tobacco products are sold.
C.
After receiving the permit, the merchant will receive signage that states "Sale of cigarettes or any tobacco product to persons under age 18 is illegal, M.G.L. Chapter 270, Section 6 and 7." Any merchant not posting said signage will be in non-compliance of this regulation and subject to penalties.
D.
All tobacco permits expire on December 31st of each year. Renewal
applications will be available in the Board of Health office on December
1st and must be filed in a timely manner to ensure action prior to
expiration.
E.
The fee for a one year tobacco retailer's "Permit for Location and
Sales" is $20 for each tobacco retail location.
F.
A "Permit for Location and Sales" is non-transferable, except a new
permit will be issued to a tobacco retailer who changes locations
and has shown compliance pertaining to the provisions of this regulation.
After March 1, 1996, cigarette vending machines or any other
mechanical device used in the sale or distribution of tobacco products
will be prohibited in all locations within the Town of Hull.
It is contrary to public health to remove and commercially sell
single cigarettes from the manufacturer's package which states the
federally required health warnings. Commercial sale and/or distribution
of tobacco products in any form other than an original factory-wrapped
package is prohibited.
No person or commercial entity shall distribute or furnish without
charge, or cause to be furnished or distributed without charge, cigarettes
or other tobacco products in any public place or any event open to
the public.
All self-service displays (also known as free standing displays)
of all tobacco products from which any tobacco product may be selected
are prohibited.
No commercial entity selling tobacco products shall allow any
employee to sell cigarettes or other tobacco products until such employee
reads the Hull Board of Health's regulations and state laws regarding
the sale of tobacco and signs a sworn statement, a copy of which will
be placed on file in the office of the employer, that he/she understands
and will uphold the regulations.
A.
In the case of the first violation, the holder of the permit shall
be issued a written warning and shall be required to have all of the
employees of the establishment directly involved in the sale of tobacco
products attend a tobacco sales educational program. In the case of
a second violation within a two-year period (24 months), the holder
of the permit shall have the "permit for location and sales" suspended
for a period of seven consecutive days. In the case of a third violation
and any subsequent violations in a two-year period, the permit holder
shall have the "permit for location and sales" suspended for 30 days
to one year.
B.
The Hull Board of Health may suspend a tobacco sales permit granted
pursuant to this regulation upon determination that a permit holder
has committed two violations of this regulation within 24 months,
calculated from the date of the first offense. The Hull Board of Health
shall provide notice of the intent to suspend a tobacco sales permit,
which notice shall contain the reasons therefore and establish a time
and date for a hearing. The permit holder 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. All tobacco
products shall be removed from the premises upon suspension or revocation
of the tobacco sales permit. Failure to remove all tobacco products
shall constitute a separate violation of this regulation.
