Chapter 322: Tobacco Regulations

§ 322-3 Definitions.

For the purposes of this chapter, the following words shall have the meanings respectively ascribed to them by this section:

BAR/LOUNGE

An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

BOARD

The Board of Health of the Town of Groton.

CARTON

Any packaging that includes two or more packages of tobacco products or any single package of a tobacco product combined with another product.

DESIGNATED SMOKING AREA

An area, designated and posted by the proprietor, manager or other person(s) of authority, in which smoking is permitted. Said area shall not be an area where nonsmokers must have access and must be properly ventilated as defined herein.

EATING ESTABLISHMENT

A facility that holds a food service permit from Groton.

EMPLOYEE

Any individual who performs services for an employer in return for wages or profit or on a voluntary basis.

EMPLOYER

Any individual, partnership, association, corporation, trust or other organized group of individuals, including the Town of Groton or any agency thereof, which regularly uses the services of one or more employees.

ENCLOSED

All space between the floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passageways).

GUARDIAN

Any individual who has legal responsibility for a minor under Massachusetts law.

HEALTH-CARE FACILITY

Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including, but not limited to, rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions.

MINOR

Any person less than 18 years of age.

MUNICIPAL BUILDING

A building owned, leased or rented by the Town.

NONSMOKING AREA

Any area that is designated and posted by the proprietor or manager as a place where smoking by patrons, employees or others is prohibited.

PERSON

Any person, 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 building, establishment, business or restaurant or retail store, or the agents or designees of any of the foregoing.

PROPER VENTILATION

A system, which is separately ventilated directly to the outside and which shall not allow any air to recirculate through the building ventilation system. The ventilated area shall be under negative pressure as to reduce air from escaping into other areas which may be accessed by nonsmokers.

PUBLIC BUILDING

An enclosed, indoor area when open to and used by the general public, including, but not limited to, the following facilities: auditoriums, licensed child-care location, schools, clinics, hospitals, nursing homes, long-term care facilities, public libraries, museums, theaters, retail stores, retail food establishments, indoor sports arenas, public transit facilities, enclosed shopping malls, hotel and motel lobbies, stairwells, hallways, entrances, public rest rooms, elevators accessible to the public, common areas in privately owned buildings and any clubs, rooms or halls when used for public meetings. A room or hall used for a private social function in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public place.

RESTAURANT

Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria and other eating establishment which gives or offers food for sale to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.

RESTAURANT WITH A BAR/LOUNGE AREA

An eating establishment that has a license to sell alcoholic beverages and contains a bar/lounge area devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

RETAIL FOOD ESTABLISHMENT

Any establishment commonly known as a "supermarket" or "grocery store" in which the activity is the sale of food items to the public for off-premise consumption.

RETAIL STORE

Any establishment whose primary purpose is to sell or offer for sale to consumers any goods, wares, merchandise, articles or other things, including supermarkets and grocery stores. "Retail store" shall not include restaurants as defined herein.

SEATING CAPACITY

The capacity designated on the occupancy permit of a restaurant.

SELF-SERVICE DISPLAY

Any device used to dispense any type of tobacco product from which the consumer may select the merchandise.

SMOKING

Inhaling, exhaling, burning or carrying any lighted tobacco product.

TAVERN-STYLE RESTAURANT

Any eating establishment that contains a bar and in which a minimum of 40% of the seating capacity (as defined on the occupancy permit) is located at the bar or within the bar area.

TOBACCO PRODUCT

Includes, but is not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, snuff or tobacco in any of its forms.

TOBACCO VENDING MACHINE

Any mechanical device designated for or used for the vending of cigarettes, cigars or other tobacco products upon the insertion of coins, trade checks, slugs or other form of payment.

TOWN

The Town of Groton.

WORKPLACE

Includes, but is not limited to, an enclosed area in which one or more employees perform services for their employer. It also includes private offices, individual work stations and all common areas, including rest rooms, conference rooms, hallways, stairways and entranceways.

§ 322-4 Prohibited or restriction of smoking; exceptions; violations and penalties.

Smoking prohibited in municipal buildings. No person shall smoke or shall be permitted to smoke any tobacco product in a municipal building, as defined in § 322-3.

Smoking prohibited in public buildings. No person shall smoke or be permitted to smoke any tobacco product in a public building, as defined in § 322-3. Restaurants, restaurants with bar/lounge areas, bars/lounges and tavern-style restaurants are separately addressed in Subsections C, D, E and F of this section.

Smoking prohibited in restaurants. No person shall smoke or be permitted to smoke any tobacco product in a restaurant, as defined in § 322-3.

Smoking restricted in restaurants with bar/lounge areas.

(1)

No person shall smoke or be permitted to smoke any tobacco product in a restaurant with a bar/lounge area, except that smoking is allowed in a bar/lounge area, which is enclosed and has proper ventilation, as defined in § 322-3. In restaurants with bar/lounges where smoking is allowed, a minimum of 60% of the seating capacity, as defined in § 322-3, must be designated as nonsmoking seats.

(2)

Six months from the implementation date of these regulations, all designated smoking areas shall have proper ventilation, as defined in § 322-3, and the establishment owner shall have on record a ventilation plan by a certified heating/ventilation/air-conditioning engineer or other professional that is approved by the Board of Health.

Smoking in bars/lounges. Unrestricted smoking is permitted in bars/lounges. Proprietors of bars/lounges are strongly encouraged to establish designated nonsmoking areas that take advantage of existing physical barriers and utilize available space in a manner that minimizes the presence of tobacco smoke in nonsmoking areas. (Designated smoking areas should be located near the exhaust vent of the establishment and nonsmoking areas should be located near the fresh air intake vent of the establishment.)

Smoking restricted in tavern-style restaurants.

(1)

Smoking is permitted in tavern-style restaurants, provided that a minimum of 33% of the seating capacity, as defined in § 322-3, is designated nonsmoking. Only those eating establishments in operation on the effective date of this chapter are eligible to be classified as tavern-style restaurants.

(2)

Seating in tavern-style restaurants will be arranged so that existing physical barriers and available space are utilized to minimize the presence of tobacco smoke in nonsmoking areas. Designated smoking areas shall be situated near the exhaust vent of the establishment. Nonsmoking areas shall be situated near the fresh air intake of the establishment.

Election for coverage by private facilities. The owner, manager or other person in charge of a building or facility not covered by Subsections A, B, C, D, E and F of this chapter may elect to have the provisions of this § 322-4 apply by so notifying the Board in writing and by sending a copy of said notice to the Town Clerk and the Select Board and by posting signs prohibiting smoking as provided in Subsection H of this section of this chapter.

Posting notice of prohibition.

(1)

No person shall smoke in any place in which a nonsmoking sign is posted. Each person having control of premises upon which smoking is prohibited by and under the authority of this § 322-4 of this chapter shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).

(2)

Bar/lounges, tavern-style restaurants and restaurants with bar/lounge areas that permit smoking must conspicuously post signs approved and supplied by the Board at all entrances advising patrons of the health hazards of environmental tobacco smoke.

(3)

No person shall remove a sign posted under the authority of this chapter.

Exceptions. Notwithstanding the provisions of Subsections A, B, C, D, E, F and G of this section, smoking may be permitted in the following places and/or circumstances:

(1)

Private residences, except when used as a licensed child-care facility or health-care facility.

(2)

Hotel and motel rooms that are rented to guests that are designated as smoking rooms.

(3)

Hotel and motel conference/meeting rooms and private and public assembly rooms while these places are being used for private functions.

(4)

Private or semiprivate rooms of nursing homes and long-term care facilities, occupied by one or more patients, all of whom are smokers who have requested in writing to be placed in rooms where smoking is permitted.

Conflict with other laws or regulations. Notwithstanding the provisions of the foregoing Subsection I of this section, nothing in this chapter shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in other areas where it is prohibited by such fire, health or other regulations.

Violations. Any person who violates any part of § 322-4 of this chapter shall be subject to a fine in an amount of $100 for a first offense, $200 for a second offense within a twelve-month period and $300 for a third or subsequent offense within a twelve-month period.

§ 322-6 Retail sale of tobacco products.

[Amended 11-18-2024 by Board of Health]

Statement of purpose:

(1)

Whereas, there exists conclusive evidence that tobacco smoking causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat;

(2)

Whereas, the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin and the Surgeon General found that nicotine exposure during adolescence, a critical window for brain development, may have lasting adverse consequences for brain development, and that it is addiction to nicotine that keeps youth smoking past adolescence;

(3)

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;

(4)

Whereas, the majority (90%) of smokers begin smoking before the age of 25, and over five million youth and young adults (ages 25 and under) smoke;

(5)

Whereas, cigars and cigarillos, can be sold in a single "dose;" and enjoy a relatively low tax as compared to cigarettes;

(6)

Whereas, spitless tobacco sales have increased from 100,000 units a year in 2018 to over 700,000 units a year by 2023;

(7)

Whereas, nicotine use in any form during adolescence can cause addiction and can harm parts of the brain that control attention, learning, memory, mood, and impulse control. Nicotine use may also increase adolescents' risk of future addiction to other drugs;

(8)

Whereas, spitless tobacco, in particular nicotine salt packages, provide a discrete, cheap nicotine delivery system;

(9)

Whereas, the Surgeon General found that exposure to tobacco marketing in stores and price discounting increase youth smoking;

(10)

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;

(11)

Whereas, the U.S. Surgeon General recognized in his 2014 report that a complementary strategy to assist in eradicating tobacco-related death and disease is for local governments to ban categories of products from retail sale;

(12)

Whereas, the Massachusetts Department of Environmental Protection has classified liquid nicotine in any amount as an "acutely hazardous waste;

(13)

Whereas, research indicates that the density and proximity of tobacco retailers increase smoking behaviors, including number of cigarettes smoked per day, reduced smoking abstinence during a quit attempt, and increased smoking prevalence among youth;

(14)

Whereas, the density of tobacco retailers near adolescents' homes has been associated with increased youth smoking rates and initiation of non-cigarette tobacco product use;

(15)

Whereas, tobacco retailers are more prevalent in underserved communities, especially in neighborhoods with a higher proportion of African American or Hispanic residents;

(16)

Whereas, policies to reduce tobacco retailer density have been shown to be effective and can reduce or eliminate social and racial inequities in the location and distribution of tobacco retailers;

(17)

Whereas, the Massachusetts Supreme Judicial Court has held that"... [t]he right to engage in business must yield to the paramount right of government to protect the public health by any rational means."

(18)

Now, therefore it is the intention of the Groton Board of Health to regulate the sale of tobacco products.

Authority. This section is promulgated pursuant to the authority granted to the Groton Board of Health by G.L. c. 111, § 31 which states "Boards of health may make reasonable health regulations."

Definitions. For the purpose of this section, the following words shall have the following meanings:

ADULT-ONLY RETAIL TOBACCO STORE

(Also known as "Retail Tobacco Store" in G.L. c. 270.) An establishment that is not adjoined, that has a separate entrance not used by any other retailer, that does not sell food, beverages or alcohol, that does not have a lottery license, whose only purpose is to sell or offer for retail sale tobacco products and/or tobacco product paraphernalia, in which the entry of persons under the age of 21 is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products from the Groton Board of Health and applicable state licenses. Entrance to the establishment must be secure so that access to the establishment is restricted to employees and to those 21 years or older. The establishment shall not allow anyone under the age of 21 to work at the establishment.

BLUNT WRAP

Any product made wholly or in part from a tobacco product, manufactured or packaged with loose and removable leaves or section of a leaf, or as a hollow tube, that may be used by the consumer to wrap or contain loose tobacco or other fillers.

BONA FIDE PURCHASER FOR VALUE

A bona fide purchaser is someone who exchanges value for property without any reason to expect irregularities in the transaction.

BUSINESS AGENT

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.

CHARACTERIZING FLAVOR

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, 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.

CHILD-RESISTANT PACKAGE

Packaging intended to reduce the risk of a child ingesting nicotine and that meets the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 through 1476.

CIGAR

Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco, with or without a tip or mouthpiece, that is in a readily usable state immediately when removed from its packaging without any modification, preparation or assembly required as in a kit or roll-your-own package, and is not otherwise defined as a cigarette under G.L. c. 64C, § 1, Paragraph 1. Tobacco leaf in kits or roll-your-own packages shall be considered "blunt wraps" for the purpose of this section.

COMPONENT PART

Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.

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.

COUPON

Any card, paper, note, form, statement, ticket or other communication 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.

DISTINGUISHABLE

Perceivable by either the sense of smell or taste.

EDUCATIONAL INSTITUTION

Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education.

ELECTRONIC NICOTINE DELIVERY SYSTEM

An electronic device, whether for one-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that "electronic nicotine delivery system" shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that "electronic nicotine delivery system" shall also include any component, part or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that "electronic nicotine delivery system" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.

EMPLOYEE

Any individual who performs services for an employer.

EMPLOYER

Any individual, partnership, association, corporation, trust or other organized group of individuals that uses the services of one or more employees.

FLAVORED TOBACCO PRODUCT

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.

HEALTH CARE INSTITUTION

An individual, partnership, association, corporation or trust or a person or group of persons who provides health care services and employs health care providers subject to licensing under this chapter; or a retail establishment that sells pharmaceutical goods and services and is subject to regulation by the board of registration in pharmacy. Health care institutions include but are not limited to hospitals, clinics, health centers, pharmacies, drug stores, doctors' offices, and dental offices. A retail establishment that provides optician, optometric, hearing aid or audiology services but is not subject to regulation by the board of registration in pharmacy shall be considered a health care institution.

LIQUID NICOTINE CONTAINER

A package: i) from which nicotine in a solution or other form is accessible through normal and foreseeable use by a consumer; and ii) that is used to hold a soluble nicotine in any concentration; provided however, that "liquid nicotine container" shall not include a sealed, prefilled and disposable container of nicotine in a solution or other form in which the container is inserted directly into an electronic cigarette, electronic nicotine delivery system or other similar product if the nicotine or other substance in the container is inaccessible through customary or reasonably foreseeable handling or use, including reasonably foreseeable ingestion or other contact by children.

LISTED OR NON-DISCOUNTED PRICE

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.

MANUFACTURER DOCUMENTATION

A written document from a manufacturer that certifies which of each of its products are not flavored, as defined under Massachusetts law and these regulations. Manufacturer Documentation shall also mean a written document from a manufacturer that certifies the nicotine content expressed as milligrams per milliliter for each of its Electronic Nicotine Delivery System products.

NON-RESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINE

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 Non-Residential RYO machines.

ORAL NICOTINE POUCHES

Pre-portioned pouches containing nicotine, flavorings, fillers, and other ingredients, not containing tobacco leaf, intended to be used between the cheek and gum to deliver nicotine, and do not require spitting as traditional smokeless tobacco does.

PERMIT HOLDER

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.

PERSON

Any retailer, 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.

RETAIL ESTABLISHMENT

A physical place of business or a section of a physical place of business in which a tobacco product is offered for sale to consumers.

RETAILER

A person that operates a retail establishment.

ROLLING PAPERS

Sheets, rolls, tubes, cones, wraps, or leaves, or other materials that do not contain tobacco, which are used for rolling smokeable tobacco products either by hand or with a roll- your-own machine.

SCHOOLS

Public or private elementary or secondary schools.

SELF-SERVICE DISPLAY

Any display including an unlocked humidor regardless of size from which customers may select a tobacco product, as defined herein, without assistance from an employee or store personnel.

SMOKING BAR

An establishment that: i) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises; ii) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person under 21 years of age; iii) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; iv) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the Town of Groton; and v) maintains a valid license issued by the department of revenue to operate as a smoking bar. "Smoking bar" shall include, but not be limited to, those establishments that are commonly known as "cigar bars," "hookah bars" and "vape bars."

TOBACCO PRODUCT

A product containing or 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, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that "tobacco product" shall also include any component, part or accessory of a tobacco product; and provided further, that "tobacco product" shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for the approved purpose.

TOBACCO PRODUCT FLAVOR ENHANCER

Any product designed, manufactured, produced, marketed or sold to produce a characterizing flavor when added to any tobacco product. A rolling paper with a characterizing flavor shall be considered a Tobacco Product Flavor Enhancer.

VENDING MACHINE

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 available, as defined herein.

No tobacco sales to persons under 21 years old.

(1)

No person shall sell or provide a tobacco product to a person under 21 years old.

(2)

Required signage:

(a)

All retail establishments, adult-only retail tobacco stores shall conspicuously post signage, made available from the Groton Board of Health. Such signage shall include: i) a copy of G.L. c. 270, §§ 6 and 6A; ii) referral information for smoking cessation resources; iii) a statement that sale of tobacco products, including e-cigarettes, to someone younger than 21 years of age is prohibited; iv) health warnings associated with using electronic nicotine delivery systems; and v) except in the case of smoking bars, notice to consumers that the sale of flavored tobacco products are prohibited at all times. Such signage 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. The signage may be in a form developed and made available by the Massachusetts Department of Public Health.

(b)

Adult-only retail tobacco stores shall post signage, in the form developed and made available by DPH, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that "No person younger than 21 years old is permitted on the premises at any time."

(3)

Identification:

(a)

Each person selling or distributing tobacco products shall first verify the age of every purchaser of tobacco products by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older.

(b)

Each person admitting entrance into an adult-only retail tobacco store shall first verify the age of every person entering by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser is 21 or older.

Tobacco product sales permit:

(1)

No person shall sell or otherwise distribute or offer for sale tobacco products, as defined herein, within the Town of Groton without first obtaining a Tobacco Product Sales Permit issued annually by the Groton Board of Health. Only owners of establishments with a permanent, indoor, non-mobile location in Groton are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Groton.

(2)

As part of the Tobacco Product Sales Permit application process, the applicant will be provided with the Groton regulation. Each applicant is required to sign a statement declaring that the applicant has received 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 about the sale of tobacco and this section.

(3)

Each applicant who sells tobacco products is required to provide proof of current Tobacco Retailer Licenses 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.

(4)

A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. The fee shall be determined by the Groton Board of Health annually. All required Massachusetts Department of Revenue licenses related to the sale of tobacco products, as defined herein, must also be displayed conspicuously at the retail establishment.

(5)

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 section. Neither the permit holder nor their employees shall interfere with or obstruct an inspection.

(6)

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.

(7)

A Tobacco Product Sales Permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired. The violator may request a hearing in accordance with Subsection T(6) of the Violations subsection.

(8)

Maximum number of tobacco product sales permits.

(a)

As of the effective date of this section, any permit surrendered, revoked or not renewed either because a retailer no longer sells tobacco products, as defined herein, or because a retailer closes the retail business, shall be returned to the Groton Board of Health and shall be permanently retired by the Board of Health and the total allowable number of Tobacco Product Sales Permits under paragraph (a) shall be reduced by the number of the retired permits.

(9)

Sale of Business.

(a)

Notwithstanding a cap on the total number of permit holders, the seller of a business holding a valid tobacco sales permit may transfer said permit to a bona fide purchaser for value of the business, subject to approval by the Board of Health, as required herein;

(b)

The purchaser shall apply for the transfer of the permit no later than 30 calendar days after said purchase. The purchaser shall not sell tobacco product until the transfer of the permit is approved by the Board of Health; and

(c)

All fines and suspensions of the previous owner must be satisfied prior to the sale.

(10)

Retail density.

(a)

A new 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.

(b)

A new Tobacco Product Sales Permit shall not be issued to any new applicant for a retail location within 500 of an existing 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.

(c)

If the purchaser of a business with a valid tobacco sales permit pursuant to Subsection E(9) or the current holder of tobacco sales permit changes the location of the business, the new location shall be subject to the retail density requirements of Subsection E(10).

Prohibition of smoking bars. Smoking Bars are prohibited in the Town of Groton.

Oral nicotine pouches. Oral nicotine products can only be sold in adult-only retail tobacco stores.

Cigar sales regulated:

(1)

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 two dollars and ninety cents or more.

(2)

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 five dollars and eighty cents or more.

(3)

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 Groton.

(4)

The Groton 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 section.

Sale of flavored tobacco products prohibited:

(1)

No person, as defined herein, shall possess, hold, keep, sell or distribute or cause to be possessed, held, kept, sold or distributed any flavored tobacco product, as defined herein, or any flavored tobacco product enhancer, as defined herein.

(2)

Retailers must obtain manufacturer documentation certifying that all products possessed, held, kept, sold or distributed by the retailer do not meet the definition of a flavored tobacco product or tobacco product flavor enhancer [105 CMR 665.010(E)].

Nicotine content in electronic nicotine delivery systems:

(1)

No person shall sell an electronic nicotine delivery system with nicotine content greater than 35 milligrams per milliliter; provided, however, that this subsection shall not apply to adult-only retail tobacco stores or smoking bars.

(2)

Retailers must obtain manufacturer documentation verifying that all electronic nicotine delivery products possessed, held, kept, sold or distributed by the retailer indicating the nicotine content expressed as milligrams per milliliter for each electron nicotine delivery system to be sold in the retail establishment [105 CMR 665.010(C)].

Prohibition of the sale of blunt wraps. No person or entity shall sell or distribute blunt wraps in Groton.

Free distribution and coupon redemption. No person shall:

(1)

Distribute or cause to be distributed, any free samples of tobacco products, as defined herein;

(2)

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, as defined herein, without charge or for less than the listed or non-discounted price; or

(3)

Sell a tobacco product, as defined herein, through any multi-pack discount (e.g., "buy-two-get-one-free") if the sale reduces the price of each back to less than the listed or non-discounted price.

Out-of-package sales:

(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, as defined herein, shall possess, hold, keep, sell or distribute or cause to be possessed, held, kept, sold or distributed any cigarette package that contains fewer than 20 cigarettes, including single cigarettes.

(2)

Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, Massachusetts Hazardous Waste Regulations.

(3)

All permit holders 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."

(4)

No permit holder shall refill a cartridge that is prefilled with nicotine in a liquid or gel substance and sealed by the manufacturer and not intended to be opened by the consumer or retailer.

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.

Vending machines. All vending machines containing tobacco products, as defined herein, are prohibited.

Non-residential roll-your-own machines. All Non-Residential Roll-Your-Own machines are prohibited.

Prohibition of the sale of tobacco products by health care institutions. No health care institution located in Groton 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 drug store, shall sell or cause to be sold tobacco products, as defined herein.

Prohibition of the sale of tobacco products by educational institutions. No educational institution located in Groton shall sell or cause to be sold tobacco products, as defined herein, including by any person or retailer on the property of an educational institution.

Incorporation of state laws and state regulations:

(1)

The sale or distribution of tobacco products, as defined herein, must comply with state statutes including but not limited to those provisions found at G.L. c. 270, §§ 6, 6A, 7, 28, 29 and G.L. c. 112, § 61A.

(2)

The sale or distribution of tobacco products, as defined herein, must comply with state regulations including but not limited to those provisions found at 940 CMR 21.00, Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts, 940 CMR 22.00 Sale and Distribution of Cigars in Massachusetts; and 105 CMR 665.00, Minimum Standards for Retail Sale of Tobacco and Electronic Nicotine Delivery Systems.

Violations:

(1)

It shall be the responsibility of the establishment, permit holder and/or his or her business agent, and not their employees, to ensure compliance with all subsections of this section. For violations of the subsections of this section that incorporate G.L. c. 270, §§ 6, 28, 29 and 105 CMR 665.000, and violations of Subsection D of this section, the following penalties apply:

(a)

In the case of a first violation, a fine of $1,000 shall be issued and, additionally, if the violation is a sale of a tobacco product to a person under the age of 21, the Tobacco Product Sales Permit shall 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 $2,000 shall be issued and the Tobacco Product Sales Permit shall be suspended for seven days consecutive business days.

(c)

In the case of three or more violations within a 36-month period, a fine of five $5,000 shall be issued and the Tobacco Product Sales Permit shall be suspended for 30 consecutive business days.

(2)

For violations of all other sections specific to the Groton, except for Subsection D of this section, the violator shall receive:

(a)

In the case of a first violation, a fine of $300.

(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 may be suspended for seven consecutive business days.

(c)

In the case of three or more violations within a 36 months period, a fine of $300 and the Tobacco Product Sales Permit may be suspended for 30 consecutive business days.

(d)

List of State Law Fines and Local Regulation Fines:

Policies Subject to State Law Fines and Subsection D of this Section		Policies Subject to Local Regulation
•	Tobacco and Vape Sales to persons under the age of 21 (G.L. Ch. 270, § 6)	•	Prohibition of the Sale of Blunt Wraps
•	Flavored Tobacco Product Sales Restrictions (G.L. Ch. 270, § 28)	•	Ban on Smoking Bars
•	Penalties for sales to a person under the age of 21 of Tobacco/Vape products (105 CMR 665.045) or	•	Cigar Sales Regulated, including minimum sales price regulations
•	Local Tobacco Sales Permit suspension for a first violation for sales to a person under the age of 21 of Tobacco/Vape products [105 CMR 665.040(d)]	•	Tobacco Product Sales in Health Care Institutions as more broadly defined than in state law
•	Required Retailer Signage (105 CMR 665.015)	•	Tobacco Product Sales in Educational Institutions
•	Ban on Free Distribution (105 CMR 665.025)	•	Non-Residential Roll-Your-Own Machines Ban
•	Ban on Self-Service Displays [105 CMR 665.010(B)]	•	Display of Mass. Department of Revenue license(s)
•	Ban on Out-Of-Package Sales [105 CMR 665.030]	•	No Local Tobacco Sales Permit
•	Sales Without a Local Tobacco Product Sales Permit for Smoking Bars and Retail Tobacco Stores only [105 CMR 665.013(A)]	•	Retailer Density Minimums
•	Failure to Check Identification of Purchaser (105 CMR 665.020)	•	Transfer of Permit in Sale of Business
•	Nicotine Content in Electronic Nicotine Delivery Systems (G.L. Ch. 270, § 29)	•	Restricting Oral Nicotine Pouches to adult-only retail tobacco stores
•	Coupon Redemption [105 CMR 665.025]	•	Other local policies
•	Child-Proofed Liquid Nicotine Containers Required [105 CMR 665.035]
•	Failure to obtain manufacturer's non-flavored certification [105 CMR 665.010(E)]
•	Failure to obtain manufacturer's nicotine content certification [105 CMR 665.010(C)]
•	Admitting a person under the age of 21 into an Adult-Only Retail Tobacco Store [105 CMR 665.020(B)]
•	Other state policies

(3)

In the case of four violations or repeated, egregious violations of any subsection of this section, as determined by the Board of Health within a 36-month period, the Board of Health shall hold a hearing in accordance with this section and, after such hearing may permanently revoke a Tobacco Product Sales Permit.

(4)

Failure to cooperate or interference with inspections pursuant to this section shall result in the suspension of the Tobacco Product Sales Permit for 30 consecutive business days.

(5)

In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products while their permit is suspended shall be subject to the suspension of all Board of Health issued permits for 30 consecutive business days. Multiple suspensions of a Tobacco Product Sales Permit shall not be served concurrently.

(6)

The Groton Board of Health shall provide notice of the intent to suspend or revoke a Tobacco Product 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 Groton Board of Health shall impose fines and/or suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this section occurred. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this section.

(7)

For purposes of such fines, the Board of Health shall make the determination notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense.

Non-criminal disposition. Whoever violates any provision of this section may be penalized by the non-criminal method of disposition as provided in G.L. c. 40, § 21D, where the penalty calls for a monetary fine not exceeding $300.

Separate violations. Each day any violation exists shall be deemed to be a separate offense.

Enforcement:

(1)

Enforcement of this section shall be by the Groton Board of Health or its designated agent(s).

(2)

The Board of Health may enforce these regulations or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means.

(3)

Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the Groton Board of Health or its designated agent(s) and the Board shall investigate.

Severability. If any provision of this section is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

Effective date. This section was updated and passed on October 21, 2024.