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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 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
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