[Added 3-11-2019]
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 billion in health care 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 (e-cigarette) and vaping device use among Connecticut youth continues to increase at an alarming rate. Overall current use among high school students is 14.7%, with usage increasing with age from 11.1% among those 15 years old and younger to 20.8% among students 18 years old and older. This is especially concerning because studies have shown that this type of nicotine use by teens increases their risk of also using combustible tobacco as youths and as young adults.
(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 1/3 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.
(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 Centers for Disease Control and Prevention (CDC) has encouraged systems, policies and environmental changes in order to reduce tobacco initiation and use, especially among youth. The evidence-based strategies that could be adopted are listed below but not limited to:
(a) 
Increasing the legal age for the sale of all tobacco/nicotine products to 21.
(b) 
Youth are especially sensitive to price, so a combination of price and taxes could be an effective measure.
(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 article is to promote the health, safety, and welfare of the residents of Southington. This article is adopted in accordance with the provisions of Section 7-148(c)(7)(H)(ii) and (xi) of the Connecticut General Statutes, as amended.
For the purpose of this article, the following definitions shall apply:
RETAILER
Any person or business that owns, operates, or manages any place at which tobacco products are sold. The "retailer" also includes any person or business that is required to purchase a dealer's license under Connecticut General Statutes § 12-287. "Retailer" also includes a person whose actions fall within the definition of "sale or sell."
SALE or SELL
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.
TOBACCO PRODUCT
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 U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act.[1]
[1]
Editor's Note: See 21 U.S.C. § 301 et seq.
A. 
Each retailer engaging in the sale of tobacco products, at each location conducting sales in the Town, shall secure a license from the Plainville-Southington Regional Health District before engaging or continuing to engage in such business. An application for a license shall contain the full name of the application, the applicant's business address and telephone number, the name of the business for which the license is sought, and any additional information the Town deems necessary. There is no cost for the license.
B. 
Such license shall be renewed annually and valid for a period beginning with the date of license to the first day of January next succeeding the date of the license unless sooner revoked as allowed by penalties in this article, or unless the retailer to whom it was issued discontinues business, in either of which cases the holder of the license shall immediately return it to the Plainville-Southington Regional Health District. A license shall not be transferred from one retailer to another or from one location to another.
C. 
A license shall be displayed at all times and shall be exhibited to any person upon request. In the event of mutilation or destruction of such license, a duplicate copy, marked as such, shall be issued by the Plainville-Southington Regional Health District upon application accompanied by a fee set by the Plainville-Southington Regional Health District.
D. 
No license shall be issued or renewed to an establishment unless the retailer signs a form stating that the retailer has provided training to all employees on the sale of tobacco products and such training includes information that the sale of tobacco products to a person under 21 years of age is illegal, what proof of age is legally acceptable, and that a sale to a person under 21 years of age can subject the retailer to a monetary fine.
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.
B. 
The person selling any tobacco product must examine the identification card issued in accordance with the provisions of Connecticut General Statutes § 1-1h for anyone who appears to be under the age of 27 and verify proof of age demonstrating the recipient is at least 21 years of age before selling any tobacco product.
C. 
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 posted clearly and conspicuously in every location where the products are available for purchase. Signage shall be in multiple languages as needed to be consistent with other facility postings.
B. 
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 this article and a violation consistent with this article.
A. 
This article shall be enforced by the Southington Police Department.
B. 
Any Town of Southington agency, or their respective designees shall, while an establishment is undergoing otherwise mandated inspections, and observes a violation of this article shall forward their complaint to the Southington Police Department for investigation.
C. 
An owner, manager, operator, or employee of an establishment regulated by this article has the responsibility to understand and follow the provision herein.
D. 
Any citizen who desires to register a complaint under this article may initiate enforcement by contacting the Southington Police Department.
E. 
The Southington Police Department shall be responsible for conducting or have conducted on its behalf, random under-age youth-based, unannounced compliance checks as needed.
A. 
Each violation of this article shall be considered a separate municipal offense with enforcement options ranging from or any combination thereof:
(1) 
Infraction ticket.
(2) 
Warning ticket.
(3) 
License suspension, revocation, denial, or nonrenewal.
B. 
Each day any violation continues shall constitute a separate municipal offense.
C. 
Each separate offense under this article shall be punishable by a fine of the maximum amount allowed by Connecticut General Statutes payable to the Town of Southington.
D. 
A license issued under this article may be denied, suspended, revoked or not renewed by the Plainville-Southington Regional Health District through written notice should the retailer or retailer's agent, directly or indirectly:
(1) 
Sell tobacco products to any person under the age of 21.
(a) 
The license of a licensee who has sold tobacco products to persons under age 21 on two separate occasions within a three-year period shall be suspended for a minimum of seven days.
(b) 
The license of a licensee who has sold tobacco products to persons under age 21 on three separate occasions within a three-year period shall be suspended for a minimum of 30 days.
(c) 
The license of a licensee who has sold tobacco products to persons under age 21 on four separate occasions within a three-year period shall be revoked.
(d) 
All tobacco products shall be removed from the premises upon suspension or revocation of a tobacco retail sales license. Failure to remove shall constitute a separate violation punishable by a fine to be set by the Southington Police Department for every day of noncompliance.
(2) 
Fail to post signage as required.
(3) 
Fail to pay fines issued in accordance with this article.
(4) 
Have a license revoked within the preceding 12 months of the date of application.
(5) 
Fail to provide the required information on the application or provide false or misleading information.
(6) 
Violate state or local tobacco product sales and use laws.
(7) 
Conduct business in violation of this article.
A. 
In the cases of a license being suspended, revoked or not renewed and then appealed, the license will stay in its active status until a final decision by the Town Council is made. A license denial would not have an active status and would retain that status until an appeal decision was reached.
B. 
Should a license be denied, suspended, revoked or not renewed by the Plainville-Southington Regional Health District, the retailer or retailer's agent may utilize the following appeal process:
(1) 
A letter must be sent and received at the Town Manager's office within 10 business days after the retailer or retailer's agent has received notice that their license has been denied, suspended, revoked or not renewed by the Town of Southington Health Department.
(2) 
The Town Manager will review the information used by the Health Department for the suspension, denial, revocation or nonrenewal and:
(a) 
Meet with the retailer or retailer's agent and discuss the information/findings.
(b) 
Prepare a written recommendation on the action for the Town Council.
(3) 
The Town Council will review the Town Manager's recommendation during a Town Council meeting not more than 30 days after the Town Manager's recommendation and make a final decision on the license status.
(a) 
The retailer or retailer's agent may attend the Town Council meeting and speak to the action before the Council makes a final decision.
(4) 
The Town Council will be the final decision-making authority for the Town of Southington in regard to license status on appeal.
The Plainville-Southington Regional Health District, Southington STEPS Coalition and the Southington Police Department shall engage in a continuing public health education program to explain and clarify the purposes and requirements of this article to citizens affected by it, and to guide retailers, owners, operators, and managers in their compliance. The program may include publication of a brochure for affected retailers explaining the provisions of ordinance and signage mandated by this article.
The Southington Police Department is hereby authorized to promulgate rules and regulations to carry out the purpose and intent of this article in order to protect the public health, safety, and welfare.
This article shall be liberally construed so as to further its purposes.
The provisions of this article are hereby declared severable, and if any provision, clause, sentence, or paragraph of this article 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 parts of this article that can be given effect.
This article shall take effect upon adoption by the Southington Town Council, with an effective date no later than 180 days from the date of Town Council adoption.