HomeMy WebLinkAboutRegulation of the Town of Yarmouth Board of Health Restricting the Sale and Use of Tobacco Products _ . _
°� r TOWN OF YARMOUTH Boardof
� Health
= 1146 ROUTE 28, SOUTH YARMOUTH,MASSACHUSETTS 02664-24451
�+� Telephone(508) 398-2231,ext. 1241 D v sion
Fax(508) 760-3472
Regulation of the Town of Yarmouth Board of Health
Restricting the Sale and Use of Tobacco Products
A. Statement of Purpose:
Whereas there exists conclusive evidence that tobacco smoking causes cancer, respiratory and
cardiac diseases,negative birth outcomes, irritations to the eyes, nose and throatl;
Whereas among the 15.7% of students nationwide who reported smoking cigarettes in 2009, and
were less than 18 years old, 14.1%usually obtained them by buying them in a store(i.e.
convenience store, supermarket, or discount store) or gas station2;
Whereas nationally in 2009, 72% of high school smokers and 66% of middle school smokers
were not asked to show proof of age when purchasing cigarettes3;
Whereas the U.S. Department of Health and Human Services has concluded that nicotine is as
addictive as cocaine or heroin4 and the Surgeon General found that nicotine exposure during
adolescence, a critical window for brain development,may have lasting adverse consequences
for brain development5;
Whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors
to tobacco products is a major public health problem;
Whereas many non-cigarette tobacco products, such as cigars and cigarillos, can be sold in a
single"dose;" enjoy a relatively low tax as compared to cigarettes; are available in fruit, candy
and alcohol flavors; and are popular among youth6;
1 Center for Disease Control and Prevention,(CDC)(2012),Health Effects of Cigarette Smoking Fact Sheet.
Retrieved from:
http://www.cdc.gov/tobacco/data statistice/fact sheets/health effects/effects cig_smoking/index.htm.
z CDC(2009), Youth Risk Behavior, Surveillance Summaries(Morbidity and Mortality Weekly Report(MMWR)
2010: 59, 11 (No. SS-55)) Retrieved from:http://www.cdc.gov/HealthyYouth/yrbs/index.htm.
3 CDC Office of Smoking and Health,National Youth Tobacco Survey, 2009. Analysis by the American Lung
Association(ALA),Research and Program Services Division using SPSS software,as reported in"Trends in
Tobacco Use",ALA Research and Program Services,Epidemiology and Statistics Unit,July 2011. Retrieved from:
www.lung.org/fmding-cwes/our-research/trend-reports/Tobacco-Trend-Report.pdf.
4 CDC(2010),How Tobacco Smoke Causes Disease: The Biology and Behavioral Basis for Smoking-Attributable
Disease. Retrieved from: http://www.cdc.gov/tobacco/data statistics/sgr/2010/.
5 U.S.Department of Health and Human Services.2014. The Health Consequences of Smoking—SO Years of
Progress:A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease Prevention and
Health Promotion,Office on Smoking and Health,p. 122.Retrieved from:
http://www.surgeongeneral.gov/library/reports/50-years-of-progress/full-report.pdf.
6 CDC(2009),Youth Risk Behavior,Surveillance Summaries(MMWR 2010: 59, 12,note 5). Retrieved from:
http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.
�
j
�
�
I
Whereas sales of flavored little cigars increased by 23%between 2008 and 2010�; and the top
three most popular cigar brands among African-American youth aged 12-17 are the flavored and
low-cost Black&Mild, White Owl, and Swisher Sweets;8
Whereas the federal Family Smoking Prevention and Tobacco Control Act(FSPTCA), enacted
in 2009, prohibited candy- and fruit-flavored cigarettes,9 largely because these flavored products
were marketed to youth and young adults,10 and younger smokers were more likely to have tried
these products than older smokers;l I
Whereas although the manufacture and distribution of flavored cigarettes (excluding menthol) is
banned by federal law,12 neither federal nor Massachusetts laws restrict sales of flavored non-
cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, and
electronic smoking devices and the nicotine solutions used in these devices;
Whereas the U.S. Food and Drug Administration and the U.S. Surgeon General have stated that
flavored tobacco products are considered to be"starter"products that help establish smoking
habits that can lead to long-term addiction;13
Whereas data from the National Youth Tobacco Survey indicate that more than two-fifths of
U.S. middle and high school smokers report using flavored little cigars or flavored cigarettes;14
Whereas tobacco companies have used flavorings such as mint and wintergreen in smokeless
tobacco products as part of a"graduation strategy"to encourage new users to start with products
with lower levels of nicotine and progress to products with higher levels of nicotine;ls
�Delnevo,C.,Flavored Little Cigars memo,September 21,2011,from Neilson market scanner data.
8 SAMSHA,Analysis of data from the 2011 National Survey on Drug Use and Health.
9 21 U.S.C. § 387g.
lo Carpenter CM,Wayne GF,Pauly JL,et al.2005."New Cigarette Brands with Flavors that Appeal to Youth:
Tobacco Marketing Strategies."Health Affairs.24(6): 1601-1610;Lewis M and Wackowski O.2006."Dealing with
an Innovative Industry:A Look at Flavored Cigarettes Promoted by Mainstream Brands."American Journal of
Public Health.96(2):244-251;Connolly GN.2004."Sweet and Spicy Flavours:New Brands for Minorities and
Youth."Tobacco Control. 13(3):211-212;U.S.Department of Health and Human Services.2012.Preventing
Tobacco Use Among Youth and YoungAdults.•A Report of the Surgeon General.Atlanta: U.S.National Center for
Chronic Disease Prevention and Health Promotion,Office on Smoking and Health,p. 537,
www.surQeonQeneral.gov/librarv/reports/preventin�-youth-tobacco-use/full-report�df
11 U.S.Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:
A Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease Prevention and Health
Promotion,Office on Smoking and Health,p.539,wwvv.sur�eon�eneral.gov/librarv/reports/preventing- ov uth_
tobacco-use/ull-repOrt•,�df.
1z 21 U.S.C. § 387g
13 Food and Drug Administration.2011.Fact Sheet:Flavored Tobacco Products,
wwvv.fda.Qov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214�df U.S.
Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:A
Report of the Surgeon General.Atlanta:U.S.National Center for Chronic Disease Prevention and Health
Promotion,Office on Smoking and Health,p.539,tivww.surgeongeneral�ov/libra�orts/preventinQ- oy uth_
tobacco-use/full-report•�df.
'a King BA,Tynan MA,Dube SR,et al.2013."Flavored-Little-Cigar and Flavored-Cigarette Use Among U.S.
Middle and High School Students."Journal ofAdolescent Health. [Article in press],
www.iahonline.org/article/51054-139X'�o2813%2900415-1/abstract.
ls U.S.Department of Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:
A Report of the Surgeon General.Atlanta: U.S.National Center for Chronic Disease Prevention and Health
Promotion,Office on Smoking and Health,p.539,tivww.surQeonQeneral.Qov/librarv/reports/nreventinQ- oy uth_
tobacco-use/ull-report.�df.
Whereas the U.S. Centers for Disease Control and Prevention has reported that electronic
cigarette use among middle and high school students doubled from 2011 to 2012;16
Whereas nicotine solutions,which are consumed via electronic smoking devices such as
electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and
bubble gum;l�
Whereas in a lab analysis conducted by the FDA, electronic cigarette cartridges that were labeled
as containing no nicotine actually had low levels of nicotine present in all cartridges tested,
except for one18
Whereas according to the CDC's youth risk behavior surveillance system, the percentage of high
school students in Massachusetts who reported the use of cigars within the past 30 days went
from 11.8% in 2003 to 14.3%in 201119;
Whereas survey results show that more youth report that they have smoked a cigar product when
it is mentioned by name, than report that they smoked a cigar in general, indicating that cigar use
among youth is underreported20;
Whereas in Massachusetts, youth use of all other tobacco products, including cigars, rose from
13.3%in 2003 to 17.6% in 2009, and was higher than the rate of current cigarette use(16%) for
the first time in histor�l;
Whereas research shows that increased cigar prices significantly decreased the probability of
male adolescent cigar use and a 10%increase in cigar prices would reduce use by 3.4%22;
Whereas nicotine levels in cigars are generally much higher than nicotine levels in cigarettes23;
16 Centers for Disease Control&Prevention.2013."Electronic Cigarette Use Among Middle and High School
Students—United States,2011-2012,"Morbidiry and Mortality Weekly Report(MMWR) 62(35):729-730.
17 Cameron JM,Howell DN,White JR,et al.2013."Variable and Potentially Fatal Amounts of Nicotine in E-
cigarette NicotineSolutions."Tobacco Control. [Electronic publication ahead of print],
http://tobaccocontrol.bmj.com/content/earlv�2013/02/12/tobaccocontrol-2012-050604 full;U.S.Department of
Health and Human Services.2012.Preventing Tobacco Use Among Youth and Young Adults:A Report of the
Surgeon General.Atlanta:U.S.National Center for Chronic Disease Prevention and Health Promotion,Office on
Smoking and Health,p. 549,www.surQeonQeneral.�ov/librarv/reports/preventin�youth-tobacco-use/ull-report�df
18 Food and Drug Administration,Summary ofResults:Laboratory Analysis ofElectronic Cigarettes Conducted by
FDA,available at:http://www.fda.gov/newsevents/nublichealthfocus/ucm173146.htm.
19 CDC(2011) Youth RiskBehavior,Surveillance Summaries(MMWR 2012: 87(No SS-61)). Retrieved from:
www.cdc. o�v;and CDC(2003), Youth RiskBehavior, Surveillance Summaries(MMWR 2004: 53,54(No. SS-02)).
20 2010 Boston Youth Risk Behavior Study. 16.5%of Boston youth responded that they had ever smoked a fruit or
candy flavored cigar,cigarillo or little cigar,while 24.1%reported ever smoking a"Black and Mild"Cigar.
21 Commonwealth of Massachusetts,Data Brief,Trends in Youth Tobacco Use in Massachusetts, 1993-2009.
Retrieved from:
http://www.mass.gov/Eeohhs2/docs/dph/tobacco controUadolescent tobacco useyouuth_trends 1993 2009.pdf.
ZZ Ringel,J.,Wasserman,J.,&Andreyeva,T.(2005) Effects of Public Policy on Adolescents'Cigar Use: Evidence
fi•om the National Youth Tobacco Survey. American Journal of Public Health,95(6),995-998,doi:
10.2105/AJPH.2003.030411 and cited in Cigar, Cigarillo and Little Cigar Use among Canadian Youth: Are We
Underestimating the Magnitude of this Problem?, J.Prim.P.2011,Aug: 32(3-4):161-70. Retrieved from:
www.nebi.nim.gov/pubmed/21809109.
23 National Institute of Health(1vIH),National Cancer Institute(NCI)(2010). Cigar Smoking and Cancer.
Retrieved from: http://www.cancer.govb/cancertopics/factsheet/Tobacco/cigars.
Whereas Non-Residential Roll-Your-Own(RYO)machines located in retail stores enable
retailers to sell cigarettes without paying the excise taxes that are imposed on conventionally
manufactured cigarettes. High excise taxes encourage adult smokers to quit24 and high prices
deter youth from starting.25 Inexpensive cigarettes, like those produced from RYO machines,
promote the use of tobacco,resulting in a negative impact on public health and increased health
care costs, and severely undercut the evidence-based public health benefit of imposing high
excise taxes on tobacco;
Whereas it is estimated that 90% of what is being sold as pipe tobacco is actually being used in
Non-Residential RYO machines. Pipe tobacco shipments went from 11.5 million pounds in
2009 to 22.4 million pounds in 2010. Traditional RYO tobacco shipments dropped from 11.2
million pounds to 5.8 million pounds; and cigarette shipments dropped from 308.6 billion sticks
to 292.7 billion sticks according to the December 2010 statistical report released by the U.S.
Department of the Treasury, Alcohol and Tobacco Tax and Trade Bureau(TTB)26;
Whereas the sale of tobacco products is incompatible with the mission of health care institutions
because these products are detrimental to the public health and their presence in health care
institutions undermine efforts to educate patients on the safe and effective use of inedication,
including cessation medication;
Whereas educational institutions sell tobacco products to a younger population, who is
particularly at risk for becoming smokers and such sale of tobacco products is incompatible with
the mission of educational institutions that educate a younger population about social,
environmental and health risks and harms;
Whereas the Massachusetts Supreme Judicial Court has held that". . . [t]he right to engage in
business must yield to the paramount right of government to protect the public health by any
rational means.i27
Now, therefore it is the intention of the Yarmouth Board of Health to regulate the sale of tobacco
products.
B. Authoritv•
This regulation is promulgated pursuant to the authority granted to the Yarmouth Board of
Health by Massachusetts General Laws Chapter 111, Section 31 that "Boards of Health may
make reasonable health regulations".
C. Defmitions•
For the purpose of this regulation, the following words shall have the following meanings:
Z4 Eriksen,M.,Mackay,J.,Ross,H. (2012). The Tobacco Atlas, Fourth Edition,American Cancer Society,Chapter
29,p. 80. Retrieved from:www.TobaccoAtlas.org.
ZS Chaloupka,F.J. &Liccardo Pacula,R.,NIH,NCI(2001). The Impact ofPrice on Youth Tobacco Use, Smoking
and Tobacco Control Monograph 14: Changing Adolescent Smoking Prevalence) 193—200. Retrieved from:
http://dccps.nih.gov/TCRB/monographs/.
26 TTB (2011). Statistical Report—Tobacco(2011)(TTB S 5210-12-2010). Retrieved from:
http://www.ttb.gov/statistics/2010/201012tobacco.pdf.
27 Druzik et al v.Board of Health of Haverhill 324 Mass 129(1949)
Blunt Wrap: Any tobacco product manufactured or packaged as a wrap or as a hollow tube made
wholly or in part from tobacco that is designed or intended to be filled by the consumer with
loose tobacco or other fillers.
Business Agent: An individual who has been designated by the owner or operator of any
establishment to be the manager or otherwise in charge of said establishment.
Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco
with or without a tip or mouthpiece not otherwise defined as a cigarette under Massachusetts
General Law, Chapter 64C, Section l, Paragraph 1.
Characterizing flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco,
menthol, mint or wintergreen, imparted or detectable either prior to or during consumption of a
tobacco product or component part thereof, including,but not limited to, tastes or aromas
relating to any fruit, chocolate, vanilla,honey, candy, cocoa, dessert, alcoholic beverage, herb or
spice; provided,however, that no tobacco product shall be determined to have a characterizing
flavor solely because of the use of additives or flavorings that do not contribute to the
distinguishable taste or aroma of the product or the provision of ingedient information.
Component part: Any element of a tobacco product, including, but not limited to, the tobacco,
filter and paper,but not including any constituent.
Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water or
reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the
processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke
constituent.
Distinguishable: Perceivable by either the sense of smell or taste.
Educational Institution: Any public or private college, school,professional school, scientific or
technical institution,university or other institution furnishing a program of higher education.
Employee: Any individual who performs services for an employer.
Employer: Any individual,partnership, association, corporation, trust or other organized group
of individuals that uses the services of one(1) or more employees.
Flavored tobacco product: Any tobacco product or component part thereof that contains a
constituent that has or produces a characterizing flavor. A public statement, claim or indicia
made or disseminated by the manufacturer of a tobacco product, or by any person authorized or
permitted by the manufacturer to make or disseminate public statements concerning such tobacco
product, that such tobacco product has or produces a characterizing flavor shall constitute
presumptive evidence that the tobacco product is a flavored tobacco product
Health Care Institution: An individual, partnership, association, corporation ar trust or any
person or group of persons that provides health care services and employs health care providers
licensed, or subject to licensing,by the Massachusetts Department of Public Health under '
M.G.L. c. 112 or a retail establishtnent that provides pharmaceutical goods and services and is
subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited
to,hospitals, clinics,health centers,pharmacies, drug stores, doctor offices and dentist offices.
Minimum Legal Sales Age(MLSA): The age an individual must be before that individual can be
sold a tobacco product in the municipality.
Non-Residential Roll-Your-Own(RYO)Machine: A mechanical device made available for use
(including to an individual who produces cigars, cigarettes, smokeless tobacco,pipe tobacco, or
roll-your-own tobacco solely for the individual's own personal consumption or use) that is
capable of making cigarettes, cigars or other tobacco products. RYO machines located in private
homes used for solely personal consumption are not Non-Residential RYO machines.
Permit Holder: Any person engaged in the sale or distribution of tobacco products who applies
for and receives a tobacco product sales permit or any person who is required to apply for a
Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent.
Person: Any individual, firm,partnership, association, corporation, company or organization of
any kind, including but not limited to, an owner, operator, manager,proprietor or person in
charge of any establishment,business or retail store.
Retail Tobacco Store: An establishment that is not required to possess a retail food permit whose
primary purpose is to sell or offer for sale,but not for resale, tobacco products and tobacco
paraphernalia, in which the sale of other products is merely incidental, and in which the entry of
persons under the age of 21 is prohibited at all times, and maintains a valid permit for the retail
sale of tobacco products as required to be issued by the Yarmouth Board of Health.
Self-Service Display: Any display from which customers may select a tobacco product or a
nicotine delivery product without assistance from an employee or store personnel.
Schools: Public or private elementary or secondary schools.
Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco
smoke that either transfers from any component of the tobacco product to the smoke or that is
formed by the combustion or heating of tobacco, additives or other component of the tobacco
product.
Smoking Bar: An establishment that primarily is engaged in the retail sale of tobacco products
for consumption by customers on the premises and is required by Mass. General Law Ch. 270,
§22 to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include,but not be limited to, those establishments that are
commonly known as "cigar bars" and"hookah bars".
Tobacco Product: Any product containing, made, or derived from tobacco or nicotine that is
intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled,
snorted, sniffed, or ingested by any other means, including,but not limited to: cigarettes, cigars,
little cigars, chewing tobacco,pipe tobacco, snuff, or electronic cigarettes, electronic cigars,
electronic pipes, electronic hookah, or other similar products, regardless of nicotine content,that
rely on vaporization or aerosolization. "Tobacco product"includes any component or part of a
tobacco product. "Tobacco producY'does not include any product that has been approved by the
United States Food and Drug Administration either as a tobacco use cessation product or for
other medical purposes and which is being marketed and sold or prescribed solely for the
approved purpose.
1
1
,
I
� Vending Machine: Any automated or mechanical self-service device, which upon insertion of
� money, tokens or any other form of payment, dispenses or makes cigarettes, any other tobacco
products.
� D. Tobacco Sales to Persons Under the Minimum Le�al Sales A�e Prohibited:
1. No person shall sell tobacco products or permit tobacco products, as defined herein, to be sold
to a person under the minimum legal sales age; or not being the individual's parent or legal
guardian, give tobacco products as defined herein to a person under the minimum legal sales age.
The minimum legai sales age in Yarmouth is 21.
2. Required Signage
a. In conformance with and in addition to Massachusetts General Law, Chapter 270, Section
7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted
conspicuously by the owner or other person in charge thereof in the shop or other place
used to sell tobacco products at retail. The notice shall be provided by the Massachusetts
Department of Public Health and made available from the Yarmouth Board of Health.
The notice shall be at least 48 square inches and shall be posted conspicuously by the
permit holder in the retail establishment or other place in such a manner so that it may be
readily seen by a person standing at or approaching the cash register. The notice shall
directly face the purchaser and shall not be obstructed from view or placed at a height of
less than 4 feet or greater than 9 feet from the floor. The owner or other person in charge
of a shop or other place used to sell tobacco products at retail shall conspicuously post
any additional signs required by the Massachusetts Department of Public Health.
b. The owner or other person in charge of a shop or other place used to sell tobacco
products at retail shall conspicuously post signage provided by the Yarmouth Board of
Health that discloses current referral information about smoking cessation.
c. The owner or other person in charge of a shop or other place used to sell tobacco
products as defined herein at retail shall conspicuously post a sign stating that"The sale
of tobacco products, including e-cigarettes, to someone under the minimum legal sales
age of 21 years of age is prohibited."The notice shall be posted conspicuously in the
retail establishment or other place in such a manner so that they may be readily seen by a
person standing at or approaching the cash register. The notice shall directly face the
purchaser and shall not be obstructed from view or placed at a height of less than four(4)
feet or greater than nine(9) feet from the floor.
3. Identification: Each person selling or distributing tobacco products as defined herein shall
verify the age of the purchaser by means of a valid government-issued photographic
identification containing the bearer's date of birth that the purchaser is 21 years old or older.
Verification is required for any person under the age of 27.
4. All retail sales of tobacco products as defined herein must be face-to-face between the seller
and the buyer and occur at the permitted location.
i
E. Tobacco Sales Permit:
1. No person shall sell or otherwise distribute tobacco products as defined herein within the town
of Yarmouth without first obtaining a Tobacco Sales Permit issued annually by the Yarmouth
Board of Health. Only owners of establishments with a permanent, non-mobile location in
Yarmouth are eligible to apply for a permit and sell tobacco products at the specified location in
Yarmouth.
2. As part of the Tobacco Sales Permit application process,the applicant will be provided with
the Yarmouth Board of Health regulation. Each applicant is required to sign a statement
declaring that the applicant has read said regulation and that the applicant is responsible for
instructing any and all employees who will be responsible for tobacco product sales regarding
federal, state and local laws regarding the sale of tobacco and this regulation.
3. Each applicant who sells tobacco products is required to provide proof of a current Tobacco
Retailer License issued by the Massachusetts Department of Revenue before a Tobacco Product
Sales Permit can be issued.
4. The fee for a Tobacco Product Sales Permit shall be determined by the Yarmouth Board of
Health annually.
5. A separate permit is required for each retail establishment selling tobacco products as defined
herein.
6. Each Tobacco Product Sales Permit shall be displayed at the retail establishment in a
conspicuous place.
7. No Tobacco Product Sales Permit holder shall allow any employee to sell tobacco products
until such employee reads this regulation and federal and state laws regarding the sale of tobacco
and signs a statement, a copy of which will be placed on file in the office of the employer, that
he/she has read the regulation and applicable state and federal laws.
8. A Tobacco Product Sales Permit is non-transferable. A new owner of an establishment that
sells tobacco products must apply for a new permit. No new permit will be issued unless and
until all outstanding penalties incurred by the previous permit holder are satisfied in full.
9. Issuance of a Tobacco Product Sales Permit shall be conditioned on an applicant's consent to
unannounced,periodic inspections of his/her retail establishment to ensure compliance with this
regulation.
10. A Tobacco Product Sales Permit will not be renewed if the permit holder has failed to pay all
fines issued and the time period to appeal the fines has expired and/or has not satisfied any
outstanding permit suspensions.
11. A Tobacco Sales Permit shall not be issued to any new applicant for a retail location within
500 feet of a public or private elementary or secondary school as measured by a straight line
from the nearest point of the property line of the school to the nearest point of the property line '
of the site of the applicant's business premises. Applicants who purchase a business that holds a
current Tobacco Product Sales Permit at the time of the sale of the sale of said business may
apply, within sixty(60) days of such sale, for the permit held by the Seller if the Buyer intends to
sell tobacco products.
F. Ci�ar Sales Regulated:
1. No person shall sell or distribute or cause to be sold or distributed a single cigar.
2. No person shall sell or distribute or cause to be sold or distributed any original package of two
or more cigars, unless such package is priced for retail sale at$5.00 or more.
3. This Section shall not apply to:
a. The sale or distribution of any single cigar having a retail price of two dollars and fifty
cents ($2.50) or more.
b. A person or entity engaged in the business of selling or distributing cigars for commercial
purposes to another person or entity engaged in the business of selling or distributing
cigars for commercial purposes with the intent to sell or distribute outside the boundaries
of Yarmouth.
4. The Yarmouth Board of Health may adjust from time to time the amounts specified in this
Section to reflect changes in the applicable Consumer Price Index by amendment of this
regulation.
G. Sale of Flavored Tobacco Products Prohibited:
No person shall sell or distribute or cause to be sold or distributed any flavored tobacco product
at retail.
H. Use of Tobacco Products Prohibited:
a. It shall be the responsibility of the employer to provide a smoke free environment for all
employees working in an enclosed workplace, including all public places as defined in
M.G.L. ch. 270, §22 (commonly known as the "Smoke-free Workplace Law. Smoking is
hereby prohibited in Yarmouth in accordance with the Smoke-free Workplace Law.
b. Pursuant to M.G. L. Ch. 270, §22(j) smoking is also prohibited in smoking bars.
c. The use of electronic cigarettes, cigars, pipes, hookah and other similar products,
regardless of nicotine content,that rely on vaporization or aerosolization is prohibited
wherever smoking is prohibited pursuant to the Smoke-free Workplace Law and Section
H of this regulation.
I. Prohibition of the Sale of Blunt Wraps:
No person or entity shall sell or distribute blunt wraps in Yarmouth.
J. Free Distribution and Coupon Redemation:
No person shall distribute, or cause to be distributed, any free samples of tobacco products as
defined herein. No means, instruments or devices that allow for the redemption of all tobacco
products or nicotine delivery products for free or cigarettes at a price below the minimum retail
price determined by the Massachusetts Department of Revenue shall be accepted by any permit "
holder. '
K. Out-of-Package Sales:
The sale or distribution of tobacco products as defined herein in any form other than an original
factory-wrapped package is prohibited, including the repackaging or dispensing of any tobacco
� product as defined herein for retail sale. No person may sell or cause to be sold or distribute or
cause to be distributed any cigarette package that contains fewer than twenty(20) cigarettes,
including single cigarettes.
L. Self-Service Displays:
All self-service displays of tobacco products as defined herein are prohibited. All humidors
including,but not limited to, walk-in humidors must be locked.
M. Vending Machines:
All tobacco product as defined herein vending machines are prohibited.
N. Non-Residential Roll-Your-Own Machines:
All Non-Residential Roll-Your-Own machines are prohibited.
O. Prohibition of the Sale of Tobacco Products bv Health Care Institutions:
No health care institution located in Yarmouth shall sell or cause to be sold tobacco products as
defined herein. No retail establishment that operates or has a health care institution within it,
such as a pharmacy or drug store, shall sell or cause to be sold tobacco products as defined
herein.
P. Prohibition of the 5ale of Tobacco Products bv Educational Institutions:
No educational institution located in Yarmouth shall sell or cause to be sold tobacco products as
defined herein. This includes all educational institutions as well as any retail establishments that
operate on the property of an educational institution.
Q. Violations•
1. It shall be the responsibility of the establishment,permit holder and/or his or her business
agent to ensure compliance with all sections of this regulation. In the case of violations of all
sections of this regulation except Section H, the violator shall receive:
a. In the case of a first violation, a fine of one hundred dollars ($100.00).
b. In the case of a second violation within 24 months of the date of the current violation, a
fine of two hundred dollars ($200.00) and the Tobacco Product Sales Permit shall be
suspended for seven(7) consecutive business days.
c. In the case of three or more violations within a 24 month period, a fine of three hundred
dollars ($300.00) and the Tobacco Product Sales Permit shall be suspended for thirty(30)
consecutive business days.
d. In the case of further violations or repeated, egregious violations of this regulation within
a 24 month period, the Board of Health may revoke a Tobacco Product Sales Permit.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension
of the Tobacco Product Sales Permit for thirty(30) consecutive business days.
3. In addition to the monetary fines set above, any permit holder who engages in the sale or
distribution of tobacco products while his or her permit is suspended shall be subject to the
suspension of all Board of Health issued permits for thirty(30) consecutive business days.
!
4. T'he Yarmouth Board of Health shall provide notice of the intent to suspend or revoke a
Tobacco Product 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 (7) days after the date of
said notice. The permit holder or its business agent shall have an opportunity to be heard at such
� hearing and shall be notified of the Board of Health's decision and the reasons therefore in
writing. After a hearing,the Yarmouth Board of Health shall suspend or revoke the Tobacco
Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. For
purposes of such suspensions or revocations, the Board shall make the determination
notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or
under the Massachusetts General Laws for the same offense. All tobacco products shall be
� removed from the retail establishment upon suspension or revocation of the Tobacco Product
�
Sales Permit. Failure to remove all tobacco products shall constitute a separate violation of this
regulation.
5. In the case of a violation of Section H of this regulation, the owner, manager, or other person
in control of a building, vehicle or vessel who violates Section H shall be punished by a fine of:
a. $100 for the first violation;
b. $200 for a second violation occurring within 24 months of the date of the first violation;
and
a.$300 for a third or subsequent violation occurring within 24 months of the second violation.
R. Non-Criminal Disuosition:
Whoever violates any provision of this regulation may be penalized by the non-criminal method
of disposition as provided in Massachusetts General Laws, Chapter 40, Section 21D or by filing
a criminal complaint at the appropriate venue.
Each day any violation exists shall be deemed to be a separate offense.
S. Enforcement:
Enforcement of this regulation shall be by the Yarmouth Board of Health or its designated
agent(s).
Any resident who desires to register a complaint pursuant to the regulation may do so by
contacting the Yarmouth Board of Health or its designated agent(s) and the Board shall
investigate.
T. Severabilitv:
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.
U. Effective Date:
This regulation shall take effect on July 1, 2014.
i
; �
�
i
�
�
�
�
Tanya i e ul , Chair
i
�
i . J
i Hillar Boskey, M , ice Chair
� .
Mary C a' , Clerk
Evelyn Hayes
a olwa