[Adopted 8-23-1999]
There exists conclusive evidence that tobacco
smoke causes cancer, respiratory and cardiac diseases, negative birth
outcomes, irritations to the eyes, nose and throat. At least 1/2 of
all smokers begin smoking before the age of 18, and an estimated 3,000
minors begin smoking every day in the United States. Nicotine in tobacco
has been found by the United States Surgeon General to be a powerfully
addictive drug. Despite state laws prohibiting the sale of tobacco
products to minors, access by minors to tobacco products is a major
problem. A Board of Health regulation requiring proof of age in order
to purchase tobacco products is necessary in order to restrict the
access of minors to tobacco products in the interest of public health.
It is the policy of the Dalton Board of Health to discourage minors
from experimenting with tobacco and to make tobacco products less
accessible to minors.
This regulation is promulgated under the authority
granted to the Dalton Board of Health under the MGL c. 111, § 31,
which provides that "Boards of Health may make reasonable health regulations."
For the purpose of this regulation, the following
words shall have the meanings respectively ascribed to them by this
section:
Any individual who is under the age of 18.
A person, employer, employee, retail store manager or owner,
or the owner or operator of any establishment engaged in the sale
of tobacco products.
Any display of tobacco products which is so located such
that said products are accessible to customers without assistance
from an employee or store personnel.
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff
or tobacco in any of its forms.
Any automated or mechanical, self-service device which, upon
insertion of money, tokens or any other form of payment, dispenses
cigarettes or any other tobacco product.
A.
No person shall sell tobacco products or permit tobacco
products to be sold to a minor or, not being the minor's parent or
guardian, give tobacco products to a minor.
B.
No person shall sell or permit the sale of tobacco products unless the location at which the tobacco products are available for purchase is posted with a notice which is clearly visible to anyone purchasing such products and which states: "Massachusetts state law prohibits the sale of tobacco products to any person under the age of 18 years of age. See MGL Ch. 270, Sect. 6." Said notice shall be that notice provided by the Massachusetts Department of Public Health and available from the Dalton Board of Health.
C.
Identification. Each retailer shall verify, by means
of photographic identification containing the bearer's date of birth
(including but not limited to government identification) that no person
purchasing the product is younger than 18 years of age.
A.
No person shall sell or otherwise distribute tobacco
within the Town of Dalton without first obtaining a tobacco sales
permit issued by the Dalton Board of Health.
B.
As part of the application process, the applicant
will be provided with a copy of Dalton regulations, state law MGL
c. 270, § 6 (sales of tobacco to minors and penalties for
violation thereof) and federal regulations.
C.
Each applicant is responsible for instructing any
and all employees who will be responsible for tobacco sales regarding
the law.
D.
The fee for a tobacco sales permit shall be determined
by the Dalton Board of Health. All such permits shall be renewed annually
on January 1.
E.
A separate permit is needed for each location.
F.
Each tobacco sales permit shall be displayed on the
premises in a conspicuous place.
No person in the business of selling or otherwise
distributing cigarettes or other tobacco or smoking products for commercial
purposes or any agent or employee of such person shall distribute
a cigarette or other tobacco or smoking product free to any person.
No manufacturer, distributor or retailer may
sell or cause to be sold, or distribute or cause to be distributed
any cigarette package that contains fewer than 20 cigarettes.
All self-service displays of tobacco products
are prohibited. The only exception is self-service displays that are
located in facilities where the retailer ensures that no person younger
than 18 years of age is present, or permitted to enter, at any time.
No person shall distribute or sell tobacco products
by the use of a vending machine unless the vending machine is located
in facilities where the retailer ensures that no person younger than
18 years of age is present or permitted to enter at any time.
A.
The Dalton Board of Health may suspend a tobacco sales
permit granted pursuant to this regulation upon determination that
a permit holder has committed three violations of this regulation
within 24 months, calculated from the date of the first offense. The
Dalton Board of Health shall provide notice of the intent to suspend
a tobacco 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 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. The Dalton Board of Health, after a hearing, may suspend
the tobacco sales permit for four weeks. All tobacco products shall
be removed from the premises upon suspension or revocation of the
tobacco sales permit. Failure to remove all tobacco products shall
constitute a separate violation of this regulation.
B.
Any permit holder who does not have an appeal pending
and does not pay a fine within 21 days may be subject to the suspension
of the tobacco sales permit granted pursuant to this regulation. The
Dalton Board of Health shall provide notice of the intent to suspend
a tobacco 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 shall have an opportunity to be heard at such hearing and shall
be notified of the Board's decision, and the reasons therefor, in
writing. The Dalton Board of Health, after a hearing, may suspend
the tobacco sales permit until the fine is paid, All tobacco products
shall be removed from the premises upon suspension or revocation of
the tobacco sales permit. Failure to remove all tobacco products shall
constitute a separate violation of this regulation.
A person who violates the provisions of this regulation shall be subject to a fine of not to exceed $300 per offense within a twenty-four-month period or be subject to noncriminal disposition of the offense pursuant to Chapter 1.
