[HISTORY: Adopted by the Town Council of the Town of Bar Harbor 3-7-2023 by Ord. No. 2023-01. Amendments noted where applicable.]
As used in this chapter, the following terms have the following meanings:
ELECTRONIC SMOKING DEVICE
Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, or e-hookah. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act (21 U.S.C.A. § 301 et seq.)
FLAVORED TOBACCO PRODUCT
A. 
Any tobacco product that imparts a taste or smell, other than the taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice; or
B. 
Any tobacco product that is, within the Town of Bar Harbor and by a retailer, advertised, displayed, or packaged in such a way as to convey that it imparts a taste or smell, other than the taste or smell of tobacco, either prior to, or during the consumption of, a tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, or any candy, dessert, alcoholic beverage, herb, or spice.
RETAILER
Any person or entity that sells tobacco products to consumers in the Town of Bar Harbor.
TOBACCO PRODUCT
A. 
Any product containing, made of, or derived from tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including, but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus;
B. 
Any electronic smoking device and any substance that may be aerosolized or vaporized by such device, whether or not the substance contains nicotine; or
C. 
Any component, part, or accessory of Subsection A or B, whether or not any of these contains tobacco or nicotine, including, but not limited to, filters, rolling papers, blunt or hemp wraps, hookahs, flavor enhancers, or pipes.
D. 
Specifically excluded from this definition are drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act; and any product containing cannabis, as defined by 28-B MRSA § 102, unless these products contain, are made of, or are derived from tobacco or nicotine.
No retailer shall sell or offer for sale any flavored tobacco product, or display, market, or advertise for sale, within the Town of Bar Harbor, any flavored tobacco product.
The Police Chief or the Police Chief's designee(s) shall have the primary responsibility for enforcement of this chapter. If the Police Chief or said designee(s) determine(s) that a violation of this chapter has occurred, the Police Chief or said designee(s) shall issue a written warning giving notice to the retailer that a violation has occurred. Subsequent violations of this chapter shall be subject to the penalties set forth below. Violations of this chapter shall be punishable by administrative fines, levied against the retailer, as follows:
A. 
A fine not less than $50 nor more than $100 for the first violation in a twenty-four-month period;
B. 
A fine not less than $300 nor more than $1,000 for the second and each subsequent violation in a twenty-four-month period.
If any part or provision of this chapter or the application thereof to any person or circumstances is held invalid, the remainder of the chapter, including the application of such part or provision to other persons or circumstances, shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this chapter are severable.