[Adopted 4-1-2019]
(a)
Tobacco use is one of the foremost preventable causes of premature
death in America.
(b)
Approximately 95% of adult smokers began smoking before they turned
21. The ages of 18 to 21 are a critical period when many smokers move
from experimental smoking to regular, daily use.
(c)
Young people are particularly susceptible to the addictive properties
of tobacco products. Tobacco industry documents show that individuals
who start smoking by the age of 18 are almost twice as likely to become
lifetime smokers compared to those who start smoking after they turn
21.
(d)
Most people who are not smokers by 21 years of age do not start smoking
later in their lives.
(e)
The use of electronic smoking devices among minors has recently tripled.
(f)
Most e-cigarettes contain nicotine. Nicotine is highly addictive
and may harm the development of the adolescent brain into the early
to mid-twenties.
(g)
Increases in adolescent vaping from 2017 to 2018 were the largest
adolescent substance use recorded in 43 years.
(h)
The e-cigarette aerosol that users breathe from the device and exhale
can contain harmful and potentially harmful substances, including:
(i)
The National Academies of Science, Engineering and Medicine predicted
in a 2015 report that raising the minimum legal sales age for tobacco
products to 21 nationwide will have a substantial positive impact
on public health and provide long-term declines in smoking rates by
reducing tobacco initiation among adolescents ages 15 to 17 by 25%
and overall prevalence of tobacco use by 12%. This report also projects
that 4.2 million young people alive today would be protected from
premature death related to tobacco use as a result of raising the
minimum legal sales age for tobacco products to 21.
(j)
Accordingly, the purpose of this article is to promote the health,
safety and welfare of the residents of the City of Milford. This article
is adopted in accordance with the provisions of Section 7-148(c)(7)(H)(ii)
and (ix) of the Connecticut General Statutes.
As used in this article, the following terms shall have the
meanings indicated:
To transfer, give, or provide, whether gratuitously or for
any type of consideration or compensation.
Any person or business that owns, operates, or manages any
place at which tobacco products are sold, as well as its agents and/or
employees. Retailer also includes any person or business that is required
to purchase a dealer's license under C.G.S. § 12-287.
Giving, bartering, exchanging whether or not for remuneration,
delivering or otherwise distributing tobacco products, unless the
person is delivering or accepting delivery in such person's capacity
as an employee.
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, chewing or pipe
tobacco, snuff, electronic cigarettes, electronic cigars, electronic
pipes, electronic nicotine delivery systems or any other product or
device that relies on vaporization or aerosolization; tobacco product
also includes any component, part or accessory used in the consumption
of a tobacco product such as filters, rolling papers, pipes, e-cigarettes,
e-cigars, e-pipes, vape pens, e-hookahs and liquids used in the electronic
smoking devices, whether or not they contain nicotine. Tobacco product
shall not include drugs, devices or combination products approved
by the United States Food and Drug Administration as a tobacco cessation
product that is marketed and sold exclusively for the approved purpose.
(a)
No person or retailer shall give, sell or otherwise distribute any
tobacco product to any person under 21 years of age.
(b)
Each retailer shall require a person who is purchasing or attempting
to purchase a tobacco product, whose age is in question, to exhibit
proper proof of age. If such person fails to provide such proof of
age, such retailer shall not sell the tobacco product to such person.
(c)
That a person appeared to be over the age of 21 shall not constitute
a defense to a violation of this section.
(a)
"The sale of tobacco or nicotine products or devices to persons under
21 is prohibited" signs shall be legibly printed in letters at least
1/2 inch high and shall be posted clearly and conspicuously in every
location where tobacco products are available for purchase. Signage
shall be in multiple languages as needed to be consistent with other
facility postings.
(b)
Signs shall be posted within 30 days of the effective date of this
article and shall be prominently displayed and shall not be obscured.
(c)
Selling tobacco products in any place that does not have a sign posted
in a conspicuous place to a person under 21 years of age is prohibited
by law and punishable consistent with this article.
The Milford Police Department shall be authorized to enforce
this article in accordance with the law.
(a)
Sign violations.
(1)
Any retailer who violates the sign requirements of this article
shall first be issued a written warning of the violation and shall
have five days to come into compliance. After receiving a written
warning, a violation of the sign requirements shall result in fines,
as follows:
a.
Fifty dollars for first offense after written warning;
b.
One hundred dollars for second offense within two years of the
first violation; and
c.
Two hundred fifty dollars for each subsequent offense thereafter
within two years of the latest violation.
d.
Violations of this article which occur more than two years after
a prior violation shall be considered a first offense if there has
been no violation of this article during the intervening time period.
(b)
Sale violations.
(1)
Any retailer who violates the sale restriction by selling to
a person under the age of 21 shall first be issued a written warning.
Once a written warning has been issued, subsequent violations shall
result in fines as follows:
a.
One hundred dollars for first offense after written warning;
b.
Two hundred fifty dollars for second offense within two years
of the latest violation.
c.
Violations of this article which occur more than two years after
a prior violation shall be considered a first offense if there has
been no violation of this article during the intervening time period.
(c)
Appeal. A retailer may appeal the civil penalties set forth above
within 10 days of the issuance of a citation by filing an appeal with
the Milford Police Department. The appeal shall be heard in accordance
with Connecticut General Statutes § 7-152c.
Violations of this article are deemed to be a threat to the
public health, safety and welfare of the community. Three violations
by the same retailer within a two-year period shall constitute a public
nuisance. The City may initiate legal action to enforce the requirements
of this article in addition to civil penalties.
