[Adopted 4-2001; amended in its entirety 5-13-2009]
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 more than 90%
of all smokers begin smoking before the age of 18 (See, "Preventing
Tobacco Use Among Young People," Surgeon General's Report, 1994);
and whereas an estimated 3,000 minors begin smoking every day in the
United States (See, "Cancer Facts & Figures — 1993,"
American Cancer Society); and whereas the United States Department
of Health and Human Services has concluded that nicotine is as addictive
as cocaine or heroin; and whereas despite state laws prohibiting the
sale of tobacco products to minors, access by minors to tobacco products
is a major problem; now, therefore it is the intention of the Georgetown
Board of Health to curtail the access of tobacco products by minors.
This regulation is promulgated pursuant to the authority granted
to the Georgetown Board of Health by Massachusetts General Laws Chapter
111, Section 31, that "Boards of Health may make reasonable health
regulations. . ."
For the purpose of this regulation, the following words shall
have the following meanings:
AGENT
An individual who performs services for an employer.
EMPLOYEE
Any individual who performs services for an employer.
EMPLOYER
Any individual, partnerships, association, corporation, trust
or other organized group of individuals, including the Town of Georgetown
or any agency thereof, which uses the services of one or more employees.
MINOR
Any individual who is under the age of 18.
PERMIT HOLDER
An owner or operator of any establishment engaged in the
sale of tobacco products that applies for and receives a tobacco sales
permit, or his or her agent.
PERSON
Any individual, employer, employee, retail store manager
or owner, or the owner or operator of any establishment engaged in
the sale of tobacco products.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product
without assistance from an employee or store personnel, excluding
vending machines.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff or tobacco in any of its forms.
VENDING MACHINE
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.
No person shall distribute, or cause to be distributed, any
free samples of tobacco products.
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 tobacco vending machines are prohibited. The only exception
is tobacco vending machines that are located in facilities where the
retailer ensures that no person younger than 18 years of age is present,
or permitted to enter, at any time.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.
This regulation shall take effect on May 1, 2001.