Sec. 20-87. Purpose and Authority.
Conclusive scientific evidence verifies that tobacco smoke causes cancer and wide ranging respiratory diseases, various cardiac diseases, negative birth outcomes, allergies, and irritations to the eyes, nose and throat to both the smoker and the non-smoker exposed to it.
The Surgeon General has concluded that nicotine is an addictive substance and that minors in particular are at risk from the addictive effect of nicotine. Massachusetts General Laws Chapter 270, Section 6 prohibits the sale of tobacco products to persons under eighteen (18) years of age, yet almost ninety percent (90%) of all smokers begin smoking before reaching that age. Additionally, local Board of Health regulations are necessary to prevent youth access.
Board of Health tobacco regulations are designed to protect and improve the health of all residents in Stoneham. Accordingly, the Board of Health finds and declares that the purposes of these regulations are to protect the public’s health and welfare by prohibiting smoking in certain places, limiting involuntary exposure to tobacco smoke and limiting the sale and distribution of tobacco products to minors.
Sec. 20-88. Sale or Gift of Tobacco to Minors.
(a) No person shall sell a cigarette, chewing tobacco, snuff or any tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, give a cigarette, chewing tobacco, snuff or tobacco in any of its forms to any person under the age of eighteen (18). The non-criminal disposition penalty which shall apply to a violation of this regulation shall be as follows: one hundred dollars ($100) for the first offense in the last twenty-four (24) month period, two hundred ($200) dollars for the second offense in the last twenty-four (24) month period and three hundred ($300) dollars for the third offense in the last twenty-four (24) month period.
(b) For purposes of this regulation, the term “person” shall mean person, employer, employee, retail store, manager or owner, or the owner or operator of any establishment engaged in the sale of tobacco products. (1-19-95)
Sec. 20-89. Restriction of Smoking in Food Service Establishments.
The Board of Health, Town of Stoneham, acting under authority of Section 31, Chapter 111 of the Massachusetts General Laws, hereby adopts the following rules and regulations in the interest of and for the preservation of public health.
Sec. 20-90.1 Deleted (1-28-00).
Sec. 20-90.2 Deleted (1-28-00).
Sec. 20-90.3. Severability.
If any Board of Health Regulations and/or provisions contained here within shall be declared invalid for any reason whatsoever, that decision shall not affect any other regulations or portion of the Regulations and provisions, which shall remain in full force and effect; and to this end so shall the provisions of these Rules and Regulations.
Sec. 20-91. Smoking in Municipal Buildings and Vehicles.
Smoking Restrictions: Smoking shall not be permitted in any part of any Town owned or leased building or vehicle. (7-1-95)
Sec. 20-92. Tobacco Sales Permit/No Direct Access by Public/Other Restrictions Regarding Sale.
Sec. 20-92.1 Tobacco Sales Permit.
(a) No person (which, unless otherwise indicated, shall include, but not be limited to, a business, regardless of the form of business ownership, the manager or operator thereof, and the employee(s) selling or distributing the tobacco product) shall sell or otherwise distribute tobacco or tobacco products (hereinafter referred to as “tobacco products”) within the Town without the owner of the business first obtaining a tobacco sales permit issued by the Board of Health. Each location where tobacco products are sold or distributed shall require a separate tobacco sales permit.
(b) Any person who submits an application for a tobacco sales permit shall certify on the application that he has read these regulations and has informed each employee of the requirements of these regulations.
(c) The fee for a tobacco sales permit shall be as follows:
(i) Initial permit - $20.
(ii) Renewal permit - $10.
(d) An application for a tobacco sales permit shall be filed by existing tobacco product vendors within thirty (30) days following the effective date of these regulations. Any other person shall, prior to selling or distributing tobacco products, submit an application for such permit to the Board of Health and obtain such permit from the Board.
(e) Permits shall run from July 1 to June 30. All applications for permit renewals shall be submitted to the Board of Health no later than June 1st. Late submissions of an application for renewal shall be required to pay a $10 late fee.
(f) Each tobacco sales permit shall be displayed on the premises in a conspicuous place. Each permit holder shall also conspicuously post a sign(s) visible from each counter from which tobacco products are sold or distributed that states “Sale or cigarettes or any tobacco product to persons under eighteen (18) years of age is illegal.”
(g) A tobacco sales permit is non-transferable.
Sec. 20-92.2 Displays/Direct Retail Sales.
(a) Tobacco products shall not be offered for sale by means of a display directly accessible to the public. All sales must be made directly by store personnel.
Sec. 20-92.3 Age Requirement for Sale of Tobacco Products.
Any store personnel selling or distributing tobacco products must be at least sixteen (16) years of age.
Sec. 20-92.4 Individual or Loose Tobacco Products.
The sale or free distribution of individual or loose tobacco products is prohibited.
Sec. 20-92.5 Free Distribution and Sampling Prohibited.
The free distribution or sampling of tobacco products is prohibited.
Sec. 20-92.6 Non-Criminal Disposition.
Any person who violates a regulation contained herein shall be subject to a non-criminal disposition penalty as follows:
(a) Violation by an owner or manager of the business:
First offense within 12 month period $100
Second offense within 12 month period $200
Third and subsequent offenses within 12 month period $300
(b) Violation by a person other than the owner or manager of the business
First offense within 12 month period $25
Second offense within 12 month period $50
Third offense and subsequent offenses within 12 month period $100
Each day any violation continues shall constitute a separate offense.
Sec. 20-92.7 Suspension/Revocation.
(a) A tobacco sales permit may be suspended or revoked by the Board of Health for violation of these regulations. The Board shall provide notice to the permit holder of the intent to suspend or revoke the tobacco sales permit, which notice shall contain the reasons therefor and establish a date and time for a hearing, which dates shall be no earlier than seven (7) 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.
(b) All tobacco products shall be removed from display upon suspension of the permit for a period of fourteen (14) days or less and shall be removed from the premise upon suspension of the permit for a period of greater than fourteen (14) days or upon revocation of the permit. Failure to remove as required herein shall be a separate violation.
Effective date: September 1, 1996.
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