[HISTORY: Adopted by the Board of Health of the Town of Littleton
as indicated in article histories. Amendments noted where applicable.]
[Adopted 12-11-2018]
Whereas there exists conclusive evidence that tobacco smoking
causes cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose and throat;[1]
Whereas the U.S. Department of Health and Human Services has
concluded that nicotine is as addictive as cocaine or heroin[2] and the Surgeon General found that nicotine exposure during
adolescence, a critical window for brain development, may have lasting
adverse consequences for brain development;[3]
Whereas despite state laws prohibiting the sale of tobacco products
to minors, access by minors to tobacco products is a major public
health problem;
More than 80% of all adult smokers begin smoking before the
age of 18; and more than 90% do so before leaving their teens;4
Whereas the U.S. Centers for Disease Control and Prevention
has reported that electronic cigarette use among middle and high school
students doubled from 2011 to 2012;[4]
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."[5]
Now, therefore it is the intention of the Littleton Board of
Health to regulate the sale of tobacco products.
[1]
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.
[2]
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/.
[3]
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.
[4]
Centers for Disease Control & Prevention. 2013. "Electronic
Cigarette Use Among Middle and High School Students — United
States, 2011-2012," Morbidity and Mortality Weekly Report (MMWR) 62(35):
729-730.
[5]
Druzik et al v. Board of Health of Haverhill, 324 Mass. 129
(1949).
This regulation is promulgated pursuant to the authority granted
to the Littleton Board of Health by MGL c. 111, § 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:
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.
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 MGL c. 64C, § 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 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.
The age an individual must be before that individual can
be sold a tobacco product in the municipality.
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.
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 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 Littleton is 21.
B.
Required signage.
(1)
In conformance with and in addition to 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 tobacco products at retail. The notice shall be
provided by the Massachusetts Department of Public Health and made
available from the Littleton 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 Littleton Board of Health that discloses
current referral information about smoking cessation. Optional but
then BOH has to provide it.
(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 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.
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. Verification is required for any person under the age of
27.
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 Littleton without first obtaining
a tobacco product sales permit issued annually by the Littleton Board
of Health. Only owners of establishments with a permanent, non-mobile
location in Littleton are eligible to apply for a permit and sell
tobacco products at the specified location in Littleton.
B.
As part of the tobacco product sales permit application process,
the applicant will be provided with the Littleton regulation. Each
applicant is required to sign a statement declaring that the applicant
has read said regulation 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 Littleton 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.
No tobacco product sales permit holder shall allow any employee to
sell tobacco products, as defined herein, until such employee reads
this regulation and federal and state laws regarding the sale of tobacco
products 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 regulation
and applicable state and federal laws.
H.
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.
I.
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.
J.
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 has not satisfied any outstanding permit
suspensions.
K.
A tobacco product sales permit shall not be issued to any new applicant
for a retail location within 500 feet of a public or private elementary
or secondary school as measured by a straight line from the nearest
point of the property line of the school to the nearest point of the
property line of the site of the applicant's business premises.
Applicants who purchase an existing business that holds a current
tobacco product sales permit at the time of the sale of said business
may apply, within 60 days of such sale, for the permit held by the
seller if the buyer intends to sell tobacco products, as defined herein.
No person shall distribute, or cause to be distributed, any
free samples of tobacco products, as defined herein. No means, instruments
or devices that allow for the redemption of any tobacco products,
as defined herein, for free or cigarettes at a price below the minimum
retail price determined by the Massachusetts Department of Revenue
shall be accepted by any permit holder.
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.
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. No tobacco product shall be displayed in
a location within reach of customers, or otherwise available to customers
without the assistance of an employee or store personnel.
All vending machines containing tobacco products, as defined
herein, are prohibited.
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 and the tobacco
product sales permit may be suspended for two consecutive business
days.
(2)
In the case of a second violation within 24 months of the date of
the current violation, a fine of $200 and the tobacco product sales
permit may be suspended for 10 consecutive business days.
(3)
In the case of three or more violations within a twenty-four-month
period, a fine of $300 and the tobacco product sales permit may be
suspended for 30 consecutive business days.
(4)
In the case of further violations or repeated, egregious violations
of this regulation within a twenty-four-month period, the Board of
Health may revoke a tobacco product sales permit.
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 Littleton 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 therefor in
writing. After a hearing, the Littleton Board of Health shall 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.
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 was amended on December 11, 2018, effective
December 30, 2018.
