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TOWN
OF SOUTHBOROUGH
P.O. BOX 9109 _17 COMMON STREET
SOUTHBOROUGH, MA 01772
BOARD
OF HEALTH PHONE (508) 481_3013
TOBACCO
CONTROL REGULATIONS
RULES
AND REGULATIONS RELATIVE TO THE RESTRICTION
OF SALE, VENDING AND DISTRIBUTION OF TOBACCO AND
TOBACCO PRODUCTS WITHIN THE TOWN OF SOUTHBOROUGH
In
accordance with the authority granted by the Massachusetts
General Laws Chapter 111, Section 31, the Southborough
Board of Health hereby adopts the following rules
and regulations restricting the sale, vending and
distribution of tobacco and tobacco products within
the Town of Southborough.
Section
I _ DECLARATION OF POLICY AND PURPOSE
Whereas
the use of tobacco products is directly related to
respiratory tract disease, cancer, and whereas tobacco
products are addictive, the Southborough Board of
Health adopts, under the provisions of Massachusetts
General Laws Chapter 111, Section 31, the following
regulations.
Section
II _ Definitions
As
used in this regulation:
Minor
means any person less than eighteen (18) years of
age.
Tobacco
Product means cigarettes, cigars, pipe tobacco, chewing
tobacco, snuff, or tobacco in any of its forms. Vehicles
(patches, lozenges, tablets, etc.) designed to deliver
nicotine are excluded from this category.
Section
III _ Tobacco Sales to Minors Prohibited
(A)
Sales to Minors: In conformance with Massachusetts
General Laws Chapter 270, Section 6, No person shall
sell a cigarette, chewing tobacco, snuff or any tobacco
product in any of its forms to any person under the
age of eighteen (18). It shall also be prohibited
in the Town of Southborough to give a cigarette, chewing
tobacco snuff or any tobacco product in any of its
forms to any person under the age of eighteen (18)
not being his/her parent or legal guardian.
(B)
Posting of State Law. 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 person in charge of
the establishment or place used to sell cigarettes
at retail, and whoever violates this provision shall
be punished by a fine of fifty dollars ($50). Any
person unlawfully removing a copy so posted while
said premises are used for the sale of cigarettes
shall be punished by a fine of ten dollars ($10).
(C)
Sales Personnel: No person permitted to sell tobacco
products shall allow anyone in his or her employ to
sell cigarettes or other tobacco products until such
employee within one week (7 days) of employment reads
the Southborough Board of Health Tobacco Control Regulations
and Massachusetts General Laws Chapter 270, Section
6, regarding sale of tobacco products to minors and
signs a statement that he/she understands the regulations.
It shall be the responsibility of the permit holder
to inform the employees as to the Southborough Board
of Health Tobacco Regulations and Massachusetts General
Laws Chapter 270, Section 6.
(D)
Individual Cigarette Sales: The sale of individual
cigarettes is prohibited in the Town of Southborough.
The sale or distribution of tobacco products in any
form such other than an original factory_wrapped package
is prohibited.
(E)
Free Distribution/Sampling. No free tobacco products
shall be distributed or sampled within the Town of
Southborough.
(F)
Self_Serve Displays: Self_serve displays of tobacco
products, from which the tobacco products may be selected
by the consumer, are prohibited in the Town of Southborough.
(G)
Vending Machines: Any vending machine used to sell
or distribute tobacco products must be controlled
by a lock_out or other manual or electronic device
which allows the owner or employee(s) to control and
monitor the sales or distribution from the vending
machine.
Section
IV _ Permits
(A)
No person, firm, corporation, establishment or agency
shall sell tobacco at retail within the Town of Southborough
without a Tobacco Permit issued by the Board of Health.
(B)
An application for a Tobacco Permit shall be filed
within 30 days following the effective date of this
Board of Health regulation on a form provided by the
Southborough Board of Health.
(C)
The fee for an annual Tobacco Permit shall be Twenty-five
dollars ($25.) renewable annually on November 1.
(D)
The Tobacco Permit must be posted in conspicuous view
of the public.
(E)
Each location shall require a separate Tobacco Permit.
Section
V_ Penalties
A
permit shall be suspended after notice and opportunity
to be heard as follows:
1.
In the case of the first violation of Section III
_ (A), the permitee shall be fined one hundred dollars
($100.) and shall be notified in writing of penalties
levied for further violations.
2.
In the case of the second violation of Section III
_ (A), within a twelve month period, the permitee
shall be fined two hundred dollars ($200.) and the
permit shall be suspended for seven (7) consecutive
days.
3.
In the case of three or more violations of Section
III _ (A) within a twelve month period, the permitee
shall be fined three hundred dollars ($300.) and the
permit shall be suspended for fourteen (14) consecutive
days.
4.
Any person or entity failing to comply with any of
the following of Section III _ (C),
(D),
(E), (F) and (G) shall be punished by suspension of
Tobacco Permit for no less than one week nor more
than six months. Enforcement shall be by the Board
of Health or its designees.
The
Board of Health shall provide written notice to the
permitee of the intent to suspend a tobacco sales
permit. The notice shall contain the reasons for the
suspension and establish a date and time for a hearing.
The date of the hearing shall be no earlier than seven
(7) days after the date of said notice. The permitee
shall have an opportunity to be heard at such hearing
and shall be notified of the Board of Health's decision
and reasons in writing.
Section
VI _ Severability
If
any provision of these regulations is declared invalid
or unenforceable, the other provisions shall not be
affected thereby but shall continue in full force
and effect.
These
regulations shall be effective as of November 1, 1996.
Southborough
Board of Health
Philip G. Mauch, Chairman
Suzanne H. Traini, Member
Timothy P. Stone, Member
Approved/Adopted: October 8, 1996
Publication Date:
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