As used in this chapter, the following terms shall have the
meanings indicated:
An establishment which is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 21 is prohibited at all times,
and maintains a valid permit for the retail sale of tobacco products
as required to be issued by the Barnstable Board of Health.
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, imparted or detectable either prior to or during
consumption of a tobacco product or component thereof, including,
but not limited to, tastes or aromas relating to fruit, chocolate,
vanilla, honey, candy, cocoa, dessert, alcoholic beverage, menthol,
mint, wintergreen, herb or spice; provided, however, that no tobacco
product shall be determined to have a characterizing flavor solely
because of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
[Added 5-28-2019]
Any card, paper, note, form, statement, ticket or other issue
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education.
Any product that can deliver nicotine to the user through
inhalation of vapor or aerosolization. "Electronic smoking device"
includes any component part of such product, including liquid for
use in the device regardless of whether the liquid contains nicotine,
whether sold separately. This term includes such devices whether they
are manufactured as e-cigarettes, e-cigars, e-pipes or under any other
product name. It does not include any product that has been approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product and is being marketed and sold solely for the approved
purpose.
A person who performs services for wages or other consideration.
A person, partnership, association, corporation, trust, or
other organized group, including the County of Barnstable and any
department or agency thereof, and any municipal entity, which utilizes
the services of one or more employees.
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including but not limited to an office, function room or hallway.
Any tobacco product or component part thereof that contains
a constituent that has or produces a characterizing flavor. A public
statement, claim or indicia made or disseminated by the manufacturer
of a tobacco product, or by any person authorized or permitted by
the manufacturer to make or disseminate public statements concerning
such tobacco product, that such tobacco product has or produces a
characterizing flavor shall constitute presumptive evidence that the
tobacco product is a flavored tobacco product.
[Added 5-28-2019]
A temporary dwelling as defined in MGL c. 64G, § 1.
A bottle or other vessel which contains nicotine in liquid
or gel form, whether combined with another substance or substances,
for use in a tobacco product, as defined herein. The term does not
include a container containing nicotine in a cartridge that is sold,
marketed, or intended for use in a tobacco product, as defined herein,
if the cartridge is prefilled and sealed by the manufacturer and not
intended to be opened by the consumer or retailer.
The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the state price, and before the application of any discounts or
coupons.
A not-for-profit entity that has been established and operates
for a charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to:
A society, organization or association of a fraternal nature
that operates under the lodge system, and having one or more affiliated
chapters or branches incorporated in any state; or
A corporation organized under Massachusetts General Laws Chapter 180; or
An established religious place or worship or instruction whose
real or personal property is exempt from taxation;
A veterans' organization incorporated or chartered by the Congress
of the United States, or otherwise, having one or more affiliated
chapters or branches incorporated in any state.
The age an individual must be before that individual can
be sold a tobacco product in Barnstable.
A mechanical device made available for use (including to
an individual who produces cigars, cigarettes, smokeless tobacco,
pipe tobacco, or roll-your-own tobacco solely for the individual's
own personal consumption or use) that is capable of making cigarettes,
cigars or other tobacco products. RYO machines located in private
homes used for solely personal consumption are not nonresidential
RYO machines.
Any person engaged in the sale or distribution of tobacco
products who applies for and receives a tobacco product sales permit
or any person who is required to apply for a tobacco product sales
permit pursuant to these regulations, or his or her business agent.
Any individual, firm, partnership, association, corporation,
company or organization of any kind, including, but not limited to,
an owner, operator, manager, proprietor or person in charge of any
establishment, business or retail store.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from an employee or store personnel.
The lighting or a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or non-tobacco product designed to be combusted and inhaled.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars," "hookah bars"
and "vape bars."
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, little
cigars, chewing tobacco, pipe tobacco, snuff, or electronic cigarettes,
electronic cigars, electronic pipes, electronic hookah, or other similar
products, regardless of nicotine content, that rely on vaporization
or aerosolization. "Tobacco product" includes any component or part
of a tobacco product. "Tobacco product" does not include any product
that has been approved by the United States Food and Drug Administration
either as a tobacco use cessation product or for other medical purposes
and which is being marketed and sold or prescribed solely for the
approved purpose.
An automated or mechanical or electrical self-service device
which, upon insertion of money, tokens or any other form of payment,
dispenses or makes cigarettes or any other tobacco products, as defined
herein.
An indoor structure or facility, or a portion thereof, in
which one or more employees perform services for compensation for
an employer, other enclosed spaces rented to or otherwise used by
the public; and where the employer has the right or authority to exercise
control over the space.
