[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:
(1) 
Nicotine.
(2) 
Ultrafine particles that can be inhaled deep into the lungs.
(3) 
Flavoring such as diacetyl, a chemical linked to a serious lung disease.
(4) 
Volatile organic compounds.
(5) 
Cancer-causing chemicals.
(6) 
Heavy metals such as nickel, tin, lead, chromium and cadmium.
(7) 
Ethanol.
(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:
DELIVER
To transfer, give, or provide, whether gratuitously or for any type of consideration or compensation.
RETAILER
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.
SALE or SELL or SELLING
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.
TOBACCO PRODUCT
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.
(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.