City of Chicopee, MA
Hampden County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Aldermen (now City Council) of the City of Chicopee 11-19-1996 by Ord. No. 96-95. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 109.
Effective February 1, 1997, no person, firm, corporation, establishment or agency shall install or maintain a vending machine to distribute or sell tobacco products in the City of Chicopee unless:
A. 
A license for location of tobacco sales is obtained through the Board of Health of the City of Chicopee. The fee for said license will be $10, renewable annually.
B. 
The vending machine is located within the immediate vicinity, plain view and control of a responsible adult employee so that all sales are as observable and controllable as if cigarettes were sold over the counter.
C. 
The vending machine is supplied with a lock-out device approved by the Board of Health. Said device shall lock-out sales from vending machines unless an adult employee releases the locking mechanism. The release mechanism must not allow continuous operations of the vending machine and must not be accessible to customers. Vending machines must be posted with a sign stating that the machine is equipped with a lock-out device and identifying the person(s) to contact in order to purchase cigarettes from the machine.
D. 
All cigarette vending machines must display a conspicuous sign stating that it is illegal for minors to purchase cigarettes. The sign shall be in conformance with MGL c. 270, § 7, and shall be placed conspicuously at the cash register or within two feet of the cash register.
The Board of Health and its enforcement officers shall enforce this chapter. Any person working in conjunction with the Chicopee Police Department or the Chicopee Board of Health during an approved compliance check are exempt from any fines or punishment outlined in this chapter.
Whoever sells tobacco products by vending machines or otherwise to a person under the age of 18 years of age shall be punished by a fine of:
A. 
One hundred dollars for the first offense.
B. 
Two hundred dollars for the second offense.
C. 
Three hundred dollars for the third offense or more.
The appeal process for anyone who wishes to challenge a fine issued as a result of an alleged violation of this chapter shall be to the full Board of Health. Thereafter any such appeal would be through the provisions of MGL c. 30A.