[HISTORY: Adopted by the Board of Directors of the Town of
Manchester 6-11-2019.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance was adopted as Ch. 108, but
was renumbered to maintain the organization of the Code.
A.
Tobacco use is the foremost preventable cause of premature death
in the United States, responsible for more than half a million deaths
per year in the United States and costing the nation approximately
$300,000,000,000 in healthcare and lost worker productivity costs
each year; and
(1)
About 95% of all adult smokers began smoking before age 21, and adolescence
is a critical period when smokers move from experimental smoking to
addictive, daily use;
(2)
There is strong evidence that those who begin smoking at an early
age are more likely to develop a severe addiction to nicotine than
those who start at a later age;
(3)
Electronic nicotine delivery system use among adolescents has recently
tripled, and use of these systems are associated with and clearly
encourage the use of conventional tobacco products;
(4)
Raising the minimum legal sales age for all tobacco products to 21
reduces access to these products by youth, as teens often acquire
such products from social networks, including older friends: the vast
majority of those providing nicotine and tobacco products for youth
17 and under are themselves between 18 and 20 years old and are able
to purchase legally.
(5)
Select findings from the 2017 Connecticut School Health Survey (known
nationally as the Youth Tobacco Survey (YTS) reflect over one-third
of Connecticut high school students (nearly 59,000) report having
ever tried some form of tobacco, and current tobacco use is reported
at 17.9%.
(6)
The YTS survey shows the vast majority of youth are using flavored
tobacco products, e-cigarettes and vaping devices, and although cigarette
smoking has decreased among Connecticut youth, the use of electronic
cigarettes and vaping devices continues to increase at an alarming
rate, with current use reported at 14.7%, and shows usage increasing
with age. Studies have shown that this type of nicotine use by teens
increases their risk of also using combustible tobacco.
(7)
When asked how they accessed these products, the majority of youth
surveyed (59.3%) reported they obtained their e-cigarettes from a
friend.
(8)
The legalization of recreational marijuana sales in Massachusetts
will likely increase the sale of electronic cigarettes and vaping
devices to be used to consume cannabis-based products legally obtained
in Massachusetts.
(9)
The Institute of 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 aged 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.
B.
Accordingly, the purpose of this chapter is to promote the health,
safety, and welfare of the residents of Manchester. This chapter is
adopted in accordance with the provisions of Section 7-148(c)(7)(H)(ii)
and (ix) of the Connecticut General Statutes, as amended.
For the purpose of this title, the following definitions shall
apply:
Any person or business that owns, operates, or manages any
place at which tobacco products are sold. "Retailer" also includes
any person or business that is required to purchase a dealer's
license under C.G.S. § 12-287.
Selling, giving, bartering, exchanging, delivering, or otherwise
distributing tobacco products, unless the person is delivering or
accepting delivery in such person's capacity as an employee.
"Sale or sell" also includes offers to sell, barter, or exchange.
Any product that is made from or derived from tobacco, or
that contains nicotine, that is intended for human consumption or
is likely to be consumed, whether smoked, heated, chewed, absorbed,
dissolved, inhaled or ingested by any other means, including, but
not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco,
snuff, or snus. "Tobacco product" also means electronic smoking devices,
including any device that can be used to deliver aerosolized or vaporized
nicotine or any other substance to the person inhaling from the device,
and any component 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 electronic smoking
devices, whether or not they contain nicotine. "Tobacco product" does
not include drugs, devices, or combination products authorized for
sale as proven cessation products by the United States Food and Drug
Administration, as those terms are defined in the Federal Food, Drug
and Cosmetic Act.
A.
No retailer or retailer's agent or employee shall give, sell,
or otherwise distribute any tobacco product to any person under 21
years of age. The person selling any tobacco product must examine
the identification card issued in accordance with the provisions of
C.G.S. § 1-1h for anyone who appears to be under the age
of 30 and verify proof of age demonstrating the recipient is at least
21 years of age before selling any tobacco product.
B.
That a person appeared to be over the age of 21 shall not constitute
a defense to a violation of this section. If a person fails to provide
such proof of age, such retailer or retailer's agent or employee
shall not sell any tobacco product to the person.
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 prominently posted and conspicuously in
every location where the products are available for purchase.
B.
Signs shall be posted within 30 days of the effective date of this
chapter. Selling tobacco products in any place that does not have
a sign prominently posted in a conspicuous place to a person under
21 years of age is prohibited by law and punishable consistent with
this division.
A.
It shall be the duty of the General Manager or his designee to enforce
the provisions of this division.
B.
Any Town of Manchester agency, or their respective designees shall,
while an establishment is undergoing otherwise mandated inspections,
and observes a violation of this chapter shall forward their complaint
to the General Manager for investigation.
C.
An owner, manager, operator, or employee of an establishment regulated
by this chapter has the responsibility to understand and follow the
provision herein.
A.
Any person who sells, gives or delivers to any minor under 21 years
of age any tobacco product, unless the minor is delivering or accepting
delivery in his capacity as an employee, in any form shall be fined
not less than $250 for the first offense, $350 for a second offense
and $500 for each offense thereafter within two years of the latest
violation.
B.
Any retailer who fails to post the signage required by this division
shall be fined not less than $250 for the first offense, $350 for
a second offense and $500 for each subsequent offense with a six-month
period.
C.
Violations of this chapter which occur more than two years after
a prior violation shall be considered a first offense if there has
been no violation of this chapter during the intervening period.
D.
All fines collected from violations of this chapter are to be deposited
into a fund administered by the Manchester Health Department to cover
the administrative costs for licensing, education and training, retail
inspections, unannounced compliance checks, and the regulation of
marketing of tobacco products.
A.
Violations of this chapter are deemed to be a threat to the public
health, safety and welfare of the community. Three violations within
a two-year period shall constitute a public nuisance. The Town may
initiate legal action to enforce the requirements of this chapter
in addition to civil penalties.
B.
A license issued under this article may be denied, suspended, revoked
or not reviewed by the Manchester Health Department through written
notice should the retailer or retailer's agent directly or indirectly:
A.
Any person or retailer who violates this division shall be sent by the General Manager, or his designee, by certified mail, electronic mail or by hand delivery, a written notice of the fine(s) being imposed pursuant to § 290-6, above, which notice shall specify the section which has been violated. Any person or retailer may appeal said notice of violation(s) by filing a written notice of appeal with the office of the Town Manager or his designee within 10 days of the date of said notice. If an appeal is taken as aforesaid, the first day of violation shall be seven days after the decision of the hearing officer or on such later date as established by the hearing officer.
B.
In scheduling formal appeal hearings, the violator shall be notified
by mail of the place and time of the hearing. Such notice shall be
provided at least 15 days but not more than 30 days prior to the scheduled
hearing date.
C.
The procedure for the hearing shall be informal as to the rules of
evidence, but testimony shall be taken under oath or affirmation.
D.
In considering an appeal, the hearing officer may consider all relevant
facts and circumstances and may require personal appearance of the
violator and the enforcement officer if the presence of said enforcement
officer is requested in writing in accordance with Connecticut General
Statutes § 7-152c.
E.
Any person aggrieved by the decision of the hearing officer may appeal
to the superior court in accordance with Connecticut General Statute
§ 7-152c.
The General Manager shall appoint one or more hearing officer(s) to hear each appeal pursuant to § 290-8. The hearing officer(s) shall be appointed within 10 days of receipt of a notice of appeal. The officer(s) appointed shall not be a police officer, or employees or persons who issue citations or fines. Hearing officer(s) may be compensated by the town with funds appropriated for this purpose as recommended by the Town Manager.
Under the direction of the General Manager or his designees,
the Manchester Health Department, Youth Services Bureau (YSB), Office
of Neighborhoods and Families, and Manchester Youth Commission, shall
engage in substance abuse prevention campaigns, peer advocacy and
continuing public health programs to reduce exposure of Manchester
children and older youth to the marketing and sales of tobacco and
nicotine products in order to promote their health, safety and welfare.
Designated Town of Manchester agencies with the approval of the superintendent
of Manchester Public Schools (MPS), may forge active partnerships
with MPS substance abuse specialists, EMT Medical Academy, Adult Continuing
Education and the Office of Equity & Partnerships.
The provisions of this chapter are hereby declared severable,
and if any provision, clause, sentence, or paragraph of this chapter
or the application thereof to any person or circumstances held by
a court of competent jurisdiction to be unconstitutional or otherwise
invalid, such a ruling shall not affect the other sections of this
chapter, which shall remain in effect.
This chapter shall take effect upon adoption of the Manchester
Board of Directors and after legal publication of the adopted ordinance.
