[HISTORY: Adopted by the Board of Health of the Town of Georgetown
as indicated in article histories. Amendments noted where applicable.]
[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:
An individual who performs services for an employer.
Any individual who performs services for an 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.
Any individual who is under the age of 18.
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.
Any individual, employer, employee, retail store manager
or owner, or the owner or operator of any establishment engaged in
the sale of tobacco products.
Any display from which customers may select a tobacco product
without assistance from an employee or store personnel, excluding
vending machines.
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff or tobacco in any of its forms.
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.
A.
No person shall sell tobacco products or permit tobacco products
to be sold to a minor, or not being the minor's parent or legal
guardian, give tobacco products to a minor.
B.
In conformance with and in addition to Massachusetts General Law,
Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter
270, Section 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 Georgetown
Board of Health. Such notice shall be at least 48 square inches and
shall be posted at the cash register which receives the greatest volume
of tobacco product sales in such a manner so that it may be readily
seen by a person standing at or approaching the cash register. Such
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. For all other cash registers that sell
tobacco products, a notice shall be attached which is no smaller than
nine square inches, which is the size of the sign provided by the
Massachusetts Department of Public Health. Such notice must be posted
in a manner so that it may be readily seen by a person standing at
or approaching the cash register. Such notice shall directly face
the purchaser and shall not be obstructed from view or placed at a
height of no less than four feet or more than nine feet from the floor.
C.
Identification. Each person shall verify by means of government-issued
photographic identification containing the bearer's date of birth
that the purchaser is 18 years old or older. Verification is required
for any person under the age of 27.
A.
No person shall sell or otherwise distribute tobacco at retail within
the Town of Georgetown without first obtaining a tobacco sales permit
issued annually by the Georgetown Board of Health.
B.
As part of the application process, the applicant will be provided
with the Georgetown Board of Health 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 and/or agents who will be responsible for tobacco
sales regarding both state laws regarding the sale of tobacco and
this regulation.
C.
Each applicant is required to provide proof of a current tobacco
sales license issued by the Massachusetts Department of Revenue before
a tobacco sales permit can be issued.
D.
The fee for a tobacco sales permit shall be determined by the Georgetown
Board of Health. All such permits shall be renewed annually on January
1.
E.
A separate permit is needed for each retail establishment selling
tobacco.
F.
Each tobacco sales permit shall be displayed at the retail establishment
in a conspicuous place.
G.
No tobacco sales permit holder shall allow any employee to sell cigarettes
or other tobacco products until such employee reads this regulation
and state laws regarding the sale of tobacco 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 laws.
H.
A tobacco sales permit is nontransferable, except a new permit will
be issued to a retailer who changes location.
I.
Issuance of a tobacco 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.
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.
A.
Any person who violates any section of this regulation, except for § 473-4A, shall receive a fine of $100 for each violation.
B.
It shall be the responsibility of the permit holder and/or his or her agent to ensure compliance with § 473-4A of this regulation. The permit holder shall receive:
(1)
In the case of a first violation, a fine of $100. In addition, the
permit holder shall appear before the Georgetown Board of Health in
order to discuss the violation and identify strategies to prevent
the violation from occurring again.
(2)
In the case of a second violation within 24 months of the date of
the first violation, a fine of $200 and the permit shall be suspended
for seven consecutive business days.
(3)
In the case of three or more violations within 24 months of the date
of the first violation, a fine of $300 and the permit shall be suspended
for 30 consecutive business days.
C.
The Georgetown Board of Health shall provide notice of the intent
to suspend a tobacco 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 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. The Georgetown Board of Health, after
a hearing, may suspend the tobacco sales permit. All tobacco products
shall be removed from the retail establishment upon suspension of
the tobacco sales permit. Failure to remove all tobacco products shall
constitute a separate violation of this regulation.
D.
Any permit holder who does not pay the assessed fine within 21 days
from fine issuance may be subject to criminal proceedings.
A.
Enforcement of this regulation shall be by the Board of Health of
the Town of Georgetown or its designated agent(s).
B.
Any citizen who desires to register a complaint pursuant to the regulation
may do so by contacting the Board of Health of the Town of Georgetown
or its designated agent(s), and the Board shall investigate.
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.
