means any machine or device designated for or used for the
vending of tobacco-related products upon the insertion of coins, trade
checks, slugs or legal tender currency of the United States of America.
means any product containing tobacco, including but not limited
to, cigarettes, smokeless tobacco and cigars and products manufactured
for the use of tobacco, including, but not limited to rolling papers,
pipes and water pipes.
(C.O. 97-317 (part))
No person or entity shall sell tobacco-related products over
the counter or in vending machines within the city of Revere without
a tobacco sales and location permit issued by the board of health.
Said permit shall cost twenty-five dollars and be renewable each year.
Each permit shall expire yearly on December 31st.
(C.O. 20-186, § 1, 7/27/2020; C.O. 97-317 (part))
In conformance with Massachusetts General Laws, 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-related products
at retail. The notice to be posted shall be that provided by the Massachusetts
Department of Public Health. Such notice shall be at least forty-eight
square inches and shall be posted at the cash register that receives
the greatest volume of single cigarette package 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 cigarettes, 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 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.O. 97-317 (part))
A.
No person
or entity shall sell any tobacco-related product to any person under
the age of eighteen or, not being his or her parent or guardian, give
a tobacco-related product to any person under the age of eighteen.
A written note or telephone communication from a parent or guardian
is not sufficient to allow a person under the age of eighteen to be
sold a tobacco product.
B.
No retailer
may sell tobacco-related products to any person younger than eighteen
years of age. Each retailer shall verify by means of photographic
identification containing the bearer's date of birth that no person
purchasing the product is younger than eighteen years of age. No such
verification is required for any person over the age of twenty-six.
C.
No person
under the age of eighteen may purchase tobacco-related products.
(C.O. 97-317 (part))
No cigarette or other tobacco product may be sold, offered for
sale, or distributed by or from a vending machine or other appliance,
or any other device designed or used for vending purposes. The provisions
of this section shall not apply to businesses licensed under the provisions
of Chapter 138, Section 12, of the Massachusetts General Laws, where
alcoholic beverages or wines and malt beverages are sold to be drunk
on the premises where a specific portion of the premises is used primarily
to dispense alcoholic beverages where minors are not allowed. Provided
however, that the only tobacco vending machines which may be allowed
in said premises: (i) may only be located in those portions of said
premises where minors are not allowed; and (ii) shall be equipped
with lock out devices or similar control systems which prohibit minors
from purchasing from tobacco vending machines. Notwithstanding the
foregoing provisions, no tobacco vending machine may be situated,
with or without so called lock out devices or similar control systems,
in any exitway (whether interior or exterior in nature), entranceway
(whether interior or exterior in nature) or waiting area.
(C.O. 97-317 (part))
To maximize compliance with M.G.L. Chapter 270, Section 6, that
prohibits the sale for free distribution of tobacco products to minors,
no person or entity shall, without charge, or for free, in or upon
any part of the streets, parks, public grounds, public buildings,
other public-owned places within the city of Revere, or any business
or retail establishment, distribute any products containing tobacco
for any purposes whatsoever. Tobacco distribution includes, but is
not limited to, bonus in a game, contest, or tournament, or as a promotional
event.
Exceptions: Sampling in a tobacco smoke shop is allowed only
for adults. No free distribution of tobacco products are allowed in
smoke shops.
(C.O. 97-317 (part))
No person or entity may sell or cause to be sold, or distributed,
any cigarette package that contains fewer than twenty cigarettes.
(C.O. 97-317 (part))
The board of health, the license commission, the police department,
the fire department, fire prevention division and all other inspectional
services departments shall enforce this chapter.
(C.O. 97-317 (part))
B.
Penalties for Section 8.36.030. Violators of this section shall be subject to a fine of fifty dollars per day of the offense.
C.
Penalties for Section 8.36.040.
1.
Within
any single two-year period, any person or entity selling tobacco to
any person under age eighteen shall be punished by a fine of one hundred
dollars or the manager or owner of the establishment shall be required
to attend a retailer training, given by the board of health, which
shall waive the one hundred dollar fine but not the offense; two hundred
dollars for the second offense, and three hundred dollars for any
third or subsequent offense. The penalty for any offense shall be
calculated from the date of the first offense.
2.
The
board of health shall suspend a tobacco sales permit for a period
of six months upon determination that a permit holder has committed
four offenses within two years, calculated from the date of the first
offense.
3.
The
board of health shall suspend a tobacco sales permit for one year
upon determination that a permit holder has committed five offenses
within two years, calculated from the date of the first offense.
4.
Any
permit holder who does not pay a fine within thirty days, shall be
subject to suspension of the tobacco sales permit or any permit and/or
license issued by the board of health until the fine is paid in full.
(C.O. 97-317 (part))
The board of health shall provide notice to the permit holder
of the intent to revoke, due to a violation of this chapter, any license
or permit issued by the board of health, which notice shall contain
the reasons therefor and establish a time and date for a hearing,
which date shall be no earlier than thirty 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 reason's therefor, in writing. All tobacco must be removed
from the premises when said permit is suspended. The establishment
must also post a notice provided by the health department which states
that the establishment's tobacco sales and location permit has been
suspended.
(C.O. 97-317 (part))
No person under eighteen years of age shall purchase, possess
or use cigarettes, cigars, chewing tobacco, or any product containing
tobacco in any form in the city.
(C.O. 01-41 § 1 (part))
Notwithstanding the provisions of Section 8.36.110 a person under eighteen years of age may be employed by a manufacturer, wholesaler, sub-jobber, vending machine operator, or retailer and may handle tobacco products during the actual time of his or her employment and shall be exempt from violations of the provisions of Section 8.36.110.
Further, any person under age eighteen, who acts as an agent of the city in performance of routine tobacco compliance checks and who in the performance of his or her duties handles, purchases, sells or uses tobacco products during the time of his or her services for the city shall be exempt from the violation of the provisions of Section 8.36.110.
(C.O. 01-41 § 1 (part))
Any person under age eighteen who misrepresents his or her age
orally or by means of identification documents, for the purpose of
handling, purchasing, selling or using tobacco products, shall be
in violation of the provisions of this chapter.
(C.O. 01-41 § 1 (part))
The provisions of Section 8.36.110 shall be enforced pursuant to the provisions of General Laws Ch. 40, Section 21D and Title 1, Chapter 1.12, of this code by the police department, in cooperation with the board of health.
(C.O. 01-41 § 1 (part))
Any person under age eighteen, who violates the provisions of Section 8.36.130 shall be punished by the immediate confiscation of any and all tobacco products, in his or her possession or custody, and shall be subject to the following penalties:
B.
Second
Offense (within one year of first offense): Compulsory attendance
in a smoking education program administered by the board of health.
If the violator does not complete the smoking education program within
a two-month period from the date of the violation a fine of one hundred
dollars shall be imposed.
C.
Third
and All Subsequent Offenses (within one year of the date of the first
violation):
1.
One
hundred dollar fine.
2.
The Revere police department shall be required to monitor all violations issued pursuant to Section 8.36.130 and submit reports to the board of health relative to violations of the foregoing section providing various forms of categorical information to the board of health relative to violations of the ordinance.
(C.O. 01-41 § 1 (part))
Notwithstanding the provisions of Section 1.16.020 all fines and penalties for violation of Section 8.36.110 shall be paid into the city treasury and set aside as a separate account and may be used by the board of health, pursuant to the provisions of G.L. Chapter 44, Section 53E, to defray the costs for the implementation and maintenance of the smoking education program.
(C.O. 01-41 § 1 (part))
