The purpose of this regulation is to protect the health of the employees and general public in the City of Framingham.
[HISTORY: Adopted by the Framingham Board of Health as indicated in article histories. Amendments noted where applicable.]
[Adopted 1-2-2013; codification approved 2-13-2024]
This regulation is promulgated under the authority granted to the Framingham Board of Health pursuant to MGL c. 111, § 31, that "[b]oards of health may make reasonable health regulations." It is also promulgated pursuant to MGL c. 270, § 22(j), which states in part that "[n]othing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or ... health ... regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth ... or political subdivision of the commonwealth."
A. COMPENSATION E-CIGARETTE EMPLOYEE EMPLOYER ENCLOSED MUNICIPAL BUILDING SMOKING (or SMOKE) SMOKING BAR WORKPLACE
As used in this regulation, the following words shall have the following meanings, unless the context requires otherwise:
Money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
Any electronic device, not approved by the United States Food and Drug Administration, composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, e-pipes or under any other product name.
An individual or person who performs a service for compensation for an employer at the employer's workplace, including a contract employee, temporary employee, and independent contractor who performs a service in the employer's workplace for more than a de minimus amount of time.
An individual, person, partnership, association, corporation, trust, organization, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private, or nonprofit, which uses the services of one or more employees at one or more workplaces, at any one time, including the City of Framingham.
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 building or facility owned, operated, leased or occupied by the municipality.
The lighting of 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" and "hookah bars."
An indoor area, structure or facility, or a portion thereof, at which one or more employees perform a service 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.
A.
It shall be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace.
B.
Smoking is hereby prohibited in Framingham in accordance with MGL c. 270, § 22 (commonly known as the "Smoke-Free Workplace Law").
C.
Pursuant to MGL c. 270, § 22(j), smoking is also hereby prohibited in smoking bars and within 15 feet of an entranceway accessible to the public, except that this shall not apply to a smoker transiting through such fifteen-foot area nor to a smoker approaching an entranceway with the intention of extinguishing a tobacco product.
D.
It is prohibited for any person to sell or use tobacco, tobacco products, marijuana or any combustible substance or product designed to be burned and inhaled on any library property, including buildings, grounds, parking lots and garage.
E.
The use of e-cigarettes is prohibited in municipal buildings, municipal vehicles and on the grounds of the Framingham Public Library.
A.
An owner, manager, or other person in control of a building, vehicle or vessel who violates this article, in a manner other than by smoking in a place where smoking is prohibited, shall be punished by a fine of $100 for the first violation, $200 for a second violation occurring within three years of the date of the first offense, and $300 for a third or subsequent violation occurring within three years of the second violation.
B.
An individual or person who violates this regulation by smoking in a place where smoking is prohibited shall be subject to a civil penalty of $100 for each violation.
C.
Each calendar day on which a violation occurs shall be considered a separate offense.
D.
This regulation shall be enforced by the Board of Health and its designees.
G.
If an owner, manager or other person in control of a building, vehicle or vessel violates this regulation repeatedly, demonstrating egregious noncompliance as defined by regulation of the Department of Public Health, the Board of Health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the Department of Public Health.
H.
Any person may register a complaint to initiate an investigation and enforcement with the Board of Health, the local inspection department or the equivalent.
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of § 507-4 of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
This regulation shall be effective as of January 2, 2013.
[Adopted 4-25-2019; amended 12-19-2019; codification approved 2-13-2024]
A.
Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, and irritations to the eyes, nose and throat;[1]
[1]
Center for Disease Control and Prevention (CDC) (2012), Health Effects of Cigarette Smoking Fact Sheet. Retrieved from: http://www.cdc.gov/tobacco/data_statistice/fact_sheets/health_effects/effects_cig_smoking/index.htm.
B.
Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin[2] and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development,[3] and that it is addiction to nicotine that keeps youth smoking past adolescence;[4]
[2]
CDC (2010), How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable Disease. Retrieved from: http://www.cdc.gov/tobacco/data_statistics/sgr/2010/.
[3]
U.S. Department of Health and Human Services, 2014. The Health Consequences of Smoking - 50 Years of Progress: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 122. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.
[4]
Id. at Executive Summary p. 13. Retrieved from: http://www.surgeongeneral.gov/library/reports/50-years-of-progress/exec-summary.pdf.
C.
Whereas a Federal District Court found that Phillip Morris, RJ Reynolds and other leading cigarette manufacturers "spent billions of dollars every year on their marketing activities in order to encourage young people to try and then continue purchasing their cigarette products in order to provide the replacement smokers they need to survive" and that these companies were likely to continue targeting underage smokers;[5]
[5]
United States v. Phillip Morris, Inc., RJ Reynolds Tobacco Co., et al., 449 F. Supp.2d1 (D.D.C. 2006) at Par. 3301 and Pp. 1605-07.
D.
Whereas more than 80% of all adult smokers begin smoking before the age of 18, more than 90% do so before leaving their teens, and more than 3.5 million middle and high school students smoke;[6]
[6]
SAMHSA, calculated based on data in 2011 National Survey on Drug Use and Health and U.S. Department of Health and Human Services (HHA).
E.
Whereas 18.1% of current smokers aged less than 18 years reported that they usually directly purchased their cigarettes from stores (i.e., convenience store, supermarket, or discount store) or gas stations, and among 11th grade males this rate was nearly 30%;[7]
[7]
CDC (2013), Youth Risk Behavior, Surveillance Summaries [MMWR 2014: 63 (No SS-04)]. Retrieved from: www.cdc.gov.
F.
Whereas the Institute of Medicine (IOM) concludes that raising the minimum age of legal access to tobacco products to 21 will likely reduce tobacco initiation, particularly among adolescents 15 to 17, which would improve health across the lifespan and save lives;[8]
[8]
IOM (Institute of Medicine) 2015, Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products. Washington DC: The National Academies Press, 2015.
G.
Whereas cigars and cigarillos can be sold in a single "dose"; enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy and alcohol flavors; and are popular among youth;[9]
[9]
CDC (2009), Youth Risk Behavior, Surveillance Summaries (MMWR 2010: 59, 12, note 5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.
H.
Whereas research shows that increased cigar prices significantly decreased the probability of male adolescent cigar use and a ten-percent increase in cigar prices would reduce use by 3.4%;[10]
[10]
Ringel, J., Wasserman, J., and Andreyeva, T. (2005) Effects of Public Policy on Adolescents' Cigar Use: Evidence from the National Youth Tobacco Survey. American Journal of Public Health, 95(6), 995-998, doi: 10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We Underestimating the Magnitude of this Problem?, J. Prim. P. 2011, Aug: 32(3-4):161-70. Retrieved from: www.nebi.nim.gov/pubmed/21809109.
I.
Whereas 59% of high school smokers in Massachusetts have tried flavored cigarettes or flavored cigars and 25.6% of them are current flavored tobacco product users; 95.1% of 12 to 17 year olds who smoked cigars reported smoking cigar brands that were flavored;[11]
[11]
Massachusetts Department of Public Health, 2015 Massachusetts Youth Health Survey (MYHS); Delneve CD et al., Tob Control, March 2014: Preference for flavored cigar brands among youth, young adults and adults in the USA.
J.
Whereas the Surgeon General found that exposure to tobacco marketing in stores and price discounting increase youth smoking;[12]
[12]
U.S. Department of Health and Human Services, 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, pp. 508-530, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
K.
Whereas the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA), enacted in 2009, prohibited candy- and fruit-flavored cigarettes,[13] largely because these flavored products were marketed to youth and young adults,[14] and younger smokers were more likely to have tried these products than older smokers,[15] neither federal nor Massachusetts laws restrict sales of flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, and electronic devices and the nicotine solutions used in these devices;
[14]
Carpenter CM, Wayne GF, Pauly JL, et al. 2005. "New Cigarette Brands with Flavors that Appeal to Youth: Tobacco Marketing Strategies." Health Affairs. 24(6): 1601-1610; Lewis M and Wackowski O. 2006. "Dealing with an Innovative Industry: A Look at Flavored Cigarettes Promoted by Mainstream Brands." American Journal of Public Health. 96(2): 244-251; Connolly GN. 2004. "Sweet and Spicy Flavours: New Brands for Minorities and Youth." Tobacco Control. 13(3): 211-212; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 537, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
[15]
U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
L.
Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that flavored tobacco products are considered to be "starter" products that help establish smoking habits that can lead to long-term addiction;[16]
[16]
Food and Drug Administration. 2011. Fact Sheet: Flavored tobacco products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214.pdf; U.S. Department of Health and Human Services. 2012. Preventing Tobacco Use Among Youth and Young Adults: A Report of the Surgeon General. Atlanta: U.S. National Center for Chronic Disease Prevention and Health Promotion, Office on Smoking and Health, p. 539, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.
N.
Whereas the U.S. Centers for Disease Control and Prevention has reported that the considerable increase in e-cigarette use among U.S. youths, coupled with no change in use of other tobacco products during 2017 to 2018, has erased recent progress in reducing overall tobacco product use among youths;[18]
[18]
Centers for Disease Control and Prevention. "Vital Signs: Tobacco Product Use Among Middle and High School Students - United States, 2011-2018," Morbidity and Mortality Weekly Report (MMWR) 2019; 68: 157-164.
P.
Whereas among MetroWest high school youths who currently use e-cigarettes, 25% also smoke conventional cigarettes, 76% also drink alcohol, and 65% also use marijuana, compared to 2%, 24%, and 11%, respectively, among high school youth who do not use e-cigarettes;[20]
[20]
MetroWest Health Foundation, 2016 MetroWest Adolescent Health Survey (MWAHS).
R.
Whereas in a lab analysis conducted by the FDA, electronic cigarette cartridges that were labeled as containing no nicotine actually had low levels of nicotine present in all cartridges tested, except for one;[22]
[22]
Food and Drug Administration, Summary of Results: Laboratory Analysis of Electronic Cigarettes Conducted by FDA, available at: http://www.fda.gov/newsevents/publichealthfocus/ucm173146.htm.
T.
Whereas data from the National Youth Tobacco Survey indicate that more than 2/5 of U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes;[24]
[24]
King BA, Tynan MA, Dube SR, et al. 2013. "Flavored-Little-Cigar and Flavored-Cigarette Use Among U.S. Middle and High School Students." Journal of Adolescent Health. [Article in press], www.jahonline.org/article/S1054-139X%2813%2900415-1/abstract.
U.
Whereas the sale of tobacco products is incompatible with the mission of health care institutions because these products are detrimental to the public health and their presence in health care institutions undermines efforts to educate patients on the safe and effective use of medication, including cessation medication;
V.
Whereas educational institutions sell tobacco products to a younger population, who are particularly at risk for becoming smokers, and such sale of tobacco products is incompatible with the mission of educational institutions that educate a younger population about social, environmental and health risks and harms;
X.
Now, therefore, it is the intention of the Framingham Board of Health to regulate the sale of tobacco products.
This regulation is promulgated pursuant to the authority granted to the Framingham Board of Health by MGL c. 111, § 31, which states: "Boards of health may make reasonable health regulations." Reference is also made to MGL c. 64C, §§ 1 and 10; MGL c. 94G and the regulations of the Cannabis Control Commission promulgated as 935 CMR 500.00; MGL c. 94, § 307C, and the Attorney General's regulations promulgated as 940 CMR 21.01 to 21.07 and 22.01 to 22.07; MGL c. 112 and the regulations of the Department of Public Health promulgated as 247 CMR 6.00; and MGL c. 270, §§ 6 to 7, 22 and 27.
The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at 940 CMR 21.00 (Sales and Distribution of Cigarettes, Smokeless Tobacco Products and Electronic Smoking Devices in Massachusetts).
For the purpose of this regulation, the following words shall have the following meanings:
An establishment that is not required to possess a retail food permit whose primary purpose is to sell or offer for sale, but not for resale, tobacco products and tobacco paraphernalia, in which the sale of other products or offer of services is merely incidental, and in which the entry of persons under the minimum legal sales age is prohibited at all times, and which maintains a valid tobacco product sales permit for the retail sale of tobacco products as required by the Framingham Board of Health.
Any tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers regardless of any content.
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 part thereof, including, but not limited to, tastes or aromas relating to any fruit, chocolate, vanilla, honey, candy, cocoa, dessert, menthol, mint, wintergreen, alcoholic beverage, 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.
Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under MGL c. 64C, § 1, Paragraph 1.
Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.
Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent.
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.
Perceivable by either the sense of smell or taste.
Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one or more employees.
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.
An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under MGL c. 112 or a retail establishment that provides pharmaceutical goods and services and is subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drugstores, doctor offices, optician/optometrist offices and dentist offices.
A bottle or other vessel which contains nicotine in liquid or gel form, whether or not 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 stated price, and before the application of any discounts or coupons.
Equipment, products, devices, or materials of any kind that are intended or designed for use in ingesting, inhaling, or otherwise introducing marijuana into the human body.
"Marijuana retailer" as defined in 935 CMR 500.002.
The age an individual must be before that individual can be sold a tobacco product or a smoke accessory in the municipality.
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 or smoke accessories who applies for and receives a tobacco product sales permit or a smoke accessory sales permit, or any person who is required to apply for a tobacco product sales permit or a smoke accessory sales permit pursuant to these regulations, or their 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.
Medical marijuana treatment center, also known as a "registered marijuana dispensary," as defined in 935 CMR 500.002.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product, as defined herein, without assistance from a store employee or from store personnel.
Equipment, products, devices, or materials of any kind that are intended or designed for use in ingesting, inhaling, or otherwise introducing tobacco product, marijuana, tetrahydrocannabinol (THC), or cannabidiol (CBD) into the human body, including, but not limited to, marijuana accessories, bongs, pipes, glass pipes, vaporizers, vape pens, hookah apparatus, dab rigs, pods, tanks, and cartridges.
A permit issued by the Framingham Board of Health for selling or otherwise distributing smoke accessories in the City of Framingham.
Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.
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" and "hookah 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, or snuff, or electronic cigarettes, electronic cigars, electronic pipes, electronic hookah, liquid nicotine, "e-liquids" 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.
A permit issued by the Framingham Board of Health for selling or otherwise distributing tobacco products in the City of Framingham.
Any automated or mechanical 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.
A.
A holder of a valid tobacco product sales permit, as defined herein, that also possess a retail food permit may sell tobacco products without characterizing flavor but may not sell smoke accessories or flavored tobacco products.
B.
A holder of a valid smoke accessory sales permit, as defined herein, may sell only smoke accessories.
C.
Adult-only retail tobacco stores, as defined herein, may sell tobacco products, flavored tobacco products, and smoke accessories.
D.
Marijuana retailers and registered marijuana dispensaries, as defined herein, may sell smoke accessories, but may not sell tobacco products or flavored tobacco products.
A.
No person shall sell tobacco products or smoke accessories, or permit tobacco products or smoke accessories, as defined herein, to be sold to a person under the minimum legal sales age, or give tobacco products, as defined herein, to a person under the minimum legal sales age. The minimum legal sales age in Framingham is 21.
B.
Required signage.
(1)
In conformance with and in addition to MGL c. 270, § 7, a copy of MGL c. 270, § 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 Framingham Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The 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. The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post any additional signs required by the Massachusetts Department of Public Health. The owner or other person in charge of a shop or other place used to sell hand-rolled cigars must display a warning about cigar consumption in a sign at least 50 square inches pursuant to 940 CMR 22.05(2)(e).
(2)
The owner or other person in charge of a shop or other place used to sell tobacco products or smoke accessories, as defined herein, at retail shall conspicuously post signage provided by the Framingham Board of Health that discloses current referral information about smoking cessation.
(3)
The owner or other person in charge of a shop or other place used to sell tobacco products that rely on vaporization or aerosolization, as defined herein as "tobacco products," at retail shall conspicuously post a sign stating that "The sale of tobacco products, including e-cigarettes, to someone under the minimum legal sales age of 21 years is prohibited." The notice shall be no smaller than 8.5 inches by 11 inches and shall be posted conspicuously in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The 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.
C.
Identification. Each person selling or distributing tobacco products or smoke accessories, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 years old or older. Verification is required for any person under the age of 27.
D.
All retail sales of tobacco products or smoke accessories, as defined herein, must be face to face between the seller and the buyer and occur at the permitted location.
A.
No person shall sell or otherwise distribute tobacco products, as defined herein, within the City of Framingham without first obtaining a tobacco product sales permit issued annually by the Framingham Board of Health. Only owners of establishments with a permanent, non-mobile location in Framingham are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Framingham.
B.
As part of the tobacco product sales permit application process, the applicant will be provided with the regulation of the Framingham Board of Health restricting the sale of tobacco products and smoke accessories (this 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 who will be responsible for tobacco product sales regarding federal, state and local laws regarding the sale of tobacco and this regulation.
C.
Each applicant who sells tobacco products is required to provide proof of a current tobacco retailer license issued by the Massachusetts Department of Revenue, when required by state law, before a tobacco product sales permit can be issued. Applicant may be asked to provide evidence that a legitimate business transfer or business purchase has taken place.
D.
A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein, the fee for which shall be determined by the Framingham Board of Health annually.
E.
A tobacco product sales permit is nontransferable. A new owner of an establishment that sells tobacco products, as defined herein, must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder are satisfied in full.
F.
Issuance of a tobacco product 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.
G.
A tobacco product sales permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions.
H.
A tobacco product sales permit will not be renewed if the permit holder has sold a tobacco product to a person under the minimum legal sales age (§ 507-14A) three times within the previous 12 months and the time period to appeal has expired. The violator may request a hearing in accordance with § 507-21D.
I.
Maximum number of tobacco product sales permits.
(1)
At any given time, there shall be no more than 26 tobacco product sales permits issued to retailers that are not adult-only retail tobacco stores, as defined herein, in Framingham. No permit renewal will be denied based on the requirements of this subsection, except any permit holder who has failed to renew their permit within 30 days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a first-come-first-served basis as issued permits are either not renewed, revoked, or are returned to the Board of Health.
(2)
At any given time, there shall be no more than four tobacco products sales permits issued to adult-only retail tobacco stores, as defined herein, in Framingham. No permit renewal by an adult-only retail tobacco store will be denied based on the requirements of this subsection, except any permit holder who has failed to renew their permit within 30 days of expiration will be treated as a first-time permit applicant. New adult-only retail tobacco store permit applicants who are applying at a time when the maximum number of permits dedicated for adult-only retail tobacco store have been issued will be placed on a waiting list and will be eligible to apply for a permit on a first-come-first-served basis as issued permits dedicated for adult-only retail tobacco stores are either not renewed, revoked, or are returned to the Board of Health. Applicants who purchase or acquire an existing adult-only retail tobacco store that holds a valid tobacco product sales permit at the time of the sale or acquisition of said business must apply within 60 days of such sale or acquisition for the permit held by the current permit holder if the applicant intends to operate as an adult-only retail tobacco store, as defined herein.
(3)
A tobacco product sales permit shall not be issued to any new applicant for a retail location within 500 feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant's business premises.
(4)
A tobacco product sales permit shall not be issued to any new applicant for a retail location within 500 feet of a retailer with a valid tobacco product sales permit as measured by a straight line from the nearest point of the property line of the retailer with a valid tobacco product sales permit to the nearest point of the property line of the site of the applicant's business premises.
(5)
Applicants who purchase or acquire an existing business that holds a valid tobacco product sales permit at the time of the sale or acquisition of said business must apply within 60 days of such sale or acquisition for the permit held by the current permit holder if the applicant intends to sell tobacco products, as defined herein.
A.
No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at $2.50 or more.
B.
No person shall sell or distribute or cause to be sold or distributed any original factory-wrapped package of two or more cigars, unless such package is priced for retail sale at $5 or more.
C.
This section shall not apply to a person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Framingham.
D.
The Framingham Board of Health may adjust from time to time the amounts specified in this section to reflect changes in the applicable Consumer Price Index by amendment of this regulation.
A.
No person shall sell or otherwise distribute smoke accessories, as defined herein, within the City of Framingham without first obtaining a smoke accessory sales permit issued annually by the Framingham Board of Health, except in adult-only retail tobacco stores, marijuana retailers, or registered marijuana dispensaries, as defined herein. Only owners of establishments with a permanent, non-mobile location in Framingham are eligible to apply for a permit and sell smoke accessories, as defined herein, at the specified location in Framingham.
B.
As part of the smoke accessory sales permit application process, the applicant will be provided with the regulation of the Framingham Board of Health restricting the sale of tobacco products and smoke accessories (this 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 who will be responsible for smoke accessory sales regarding federal, state, and local laws regarding the sale of such products and this regulation.
C.
A separate permit, displayed conspicuously, is required for each retail establishment selling smoke accessories, as defined herein, the fee for which shall be determined by the Framingham Board of Health annually.
D.
A smoke accessory sales permit is nontransferable. A new owner of an establishment that sells smoke accessories, as defined herein, must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous permit holder are satisfied in full.
E.
Issuance of a smoke accessory sales permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of their retail establishment to ensure compliance with this regulation.
F.
A smoke accessory sales permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired and/or the permit holder has not satisfied any outstanding permit suspensions.
G.
A smoke accessory sales permit will not be renewed if the permit holder has sold a smoke accessory to a person under the minimum legal sales age (§ 507-14A) three times within the previous 12 months and the time period to appeal has expired. The violator may request a hearing in accordance with § 507-21D.
H.
Maximum number of smoke accessory sales permits.
(1)
At any given time, there shall be no more than three smoke accessory sales permits issued in Framingham. No permit renewal will be denied based on the requirements of this subsection, except any permit holder who has failed to renew their permit within 30 days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a first-come-first-served basis as issued permits are either not renewed, revoked, or are returned to the Board of Health.
(2)
A smoke accessory sales permit shall not be issued to any new applicant for a retail location within 500 feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant's business premises.
(3)
A smoke accessory sales permit shall not be issued to any new applicant for a retail location within 500 feet of a retailer with a valid smoke accessory sales permit or a valid tobacco product sales permit as measured by a straight line from the nearest point of the property line of the retailer with a valid smoke accessory sales permit or a valid tobacco product sales permit to the nearest point of the property line of the site of the applicant's business premises.
(4)
Applicants who purchase or acquire an existing business that holds a valid smoke accessory sales permit at the time of the sale or acquisition of said business must apply within 60 days of such sale or acquisition for the permit held by the current permit holder if the applicant intends to sell smoke accessories, as defined herein.
A.
Flavored tobacco products. No person shall sell or distribute or cause to be sold or distributed any flavored tobacco product, as defined herein, except in adult-only retail tobacco stores.
B.
Blunt wraps. No person or entity shall sell or distribute blunt wraps, as defined herein, in Framingham.
C.
Free distribution and coupon redemption.
(1)
No person shall:
(a)
Distribute or cause to be distributed any free sample of tobacco product or smoke accessory, as defined herein;
(b)
Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product or smoke accessory, as defined herein, without charge or for less than the listed or non-discounted price; or
(c)
Sell a tobacco product or smoke accessory, as defined herein, to consumers through any multi-pack discounts (e.g., "buy two get one free") or otherwise provide or distribute to consumers any tobacco product or smoke accessory, as defined herein, without charge or for less than the listed or non-discounted price in exchange for the purchase of any other tobacco product or smoke accessory.
D.
Out-of-package sales. No person shall sell out-of-package tobacco products.
(1)
The sale or distribution of tobacco products, as defined herein, in any form other than an original factory-wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. 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.
(2)
A retailer of liquid nicotine containers must comply with the provisions of 310 CMR 30.00 and must provide the Framingham Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product.
(3)
All retailers must comply with 940 CMR 21.05 which reads: "It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016, unless the liquid or gel product is contained in a child-resistant package that, at a minimum, meets the standard for special packaging as set forth in 15 U.S.C. §§ 1471 through 1476 and 16 CFR § 1700 et seq."
E.
Self-service displays. All self-service displays of tobacco products, as defined herein, are prohibited. All humidors, including, but not limited to, walk-in humidors, must be locked.
F.
Vending machines. All vending machines containing tobacco products, as defined herein, are prohibited.
G.
Nonresidential roll-your-own machines. All nonresidential roll-your-own machines are prohibited.
No health care institution located in Framingham shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, optician/optometrist or drugstore, shall sell or cause to be sold tobacco products, as defined herein.
No educational institution located in Framingham shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution.
A.
It shall be the responsibility of the establishment, permit holder and/or their business agent to ensure compliance with all sections of this regulation.
(1)
For a violation of § 507-14A, Tobacco sales to persons under minimum legal sales age prohibited, the violator shall receive:
(a)
In the case of a first violation, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit shall be suspended for three consecutive business days. For violations that involve tobacco products or smoke accessories that rely on vaporization or aerosolization, the dates for such permit suspension shall be determined by the Board of Health.
(b)
In the case of a second violation within 36 months of the date of the current violation, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit shall be suspended for 14 consecutive business days. The dates for such permit suspension shall be determined by the Board of Health.
(c)
In the case of three or more violations within a thirty-six-month period, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit shall be suspended for 60 consecutive business days. The dates for such permit suspension shall be determined by the Board of Health.
(d)
In the case of four violations or repeated, egregious violations of this regulation within a thirty-six-month period, the Board of Health shall hold a hearing in accordance with Subsection D of this section and may permanently revoke a tobacco product sales permit or a smoke accessory sales permit.
(2)
For a violation of any section other than § 507-14A, Tobacco sales to persons under minimum legal sales age prohibited, the violator shall receive:
(a)
In the case of a first violation, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit may be suspended for three consecutive business days.
(b)
In the case of a second violation within 36 months of the date of the current violation, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit may be suspended for 14 consecutive business days.
(c)
In the case of three or more violations within a thirty-six-month period, a fine of $300 and the tobacco product sales permit or the smoke accessory sales permit may be suspended for 60 consecutive business days.
(d)
In the case of four violations or repeated, egregious violations of this regulation within a thirty-six-month period, the Board of Health shall hold a hearing in accordance with Subsection D of this section and may permanently revoke a tobacco product sales permit or a smoke accessory sales permit.
B.
Failure to cooperate with inspections pursuant to this regulation shall result in the suspension of the tobacco product sales permit or the smoke accessory sales permit for 30 consecutive business days.
C.
In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products or smoke accessories while their permit is suspended shall be subject to the suspension of all Board of Health issued permits for 30 consecutive business days. Multiple tobacco product sales permit or the smoke accessory sales permit suspensions shall not be served concurrently.
D.
The Framingham Board of Health shall provide notice of the intent to suspend or revoke a tobacco product sales permit or a smoke accessory 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 or its business agent 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. After a hearing, the Framingham Board of Health may suspend or revoke the tobacco product sales permit or the smoke accessory sales permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products or smoke accessories, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the tobacco product sales permit or the smoke accessory sales permit. Failure to remove all tobacco products or smoke accessories, as defined herein, shall constitute a separate violation of this regulation.
Whoever violates any provision of this regulation may be penalized by the noncriminal method of disposition as provided in MGL c. 40, § 21D.
Each day any violation exists shall be deemed to be a separate offense.
Enforcement of this regulation shall be by the Framingham Board of Health or its designated agent(s). Any resident who desires to register a complaint pursuant to this regulation may do so by contacting the Framingham Board of Health or its designated agent(s) and the Board shall investigate.
If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.