BOARD OF HEALTH
78 Main Street, Hudson, Massachusetts 01749
Phone (978) 568-9625
Fax (978) 562-8508
Purchasing & Advertising of Tobacco Products (effective 1-1-06)
Section I: Declaration of Findings and Policy
There exists conclusive evidence that tobacco smoke causes cancer, respiratory disease, various cardiac diseases, negative birth outcomes, and allergies to both the smoker and non-smoker exposed to secondhand smoke. ~Since more than one-half of all smokers begin smoking before the age of eighteen and an estimated 3,000 minors begin smoking every day, there is an important public health need to reduce the easy access of tobacco products to youth. ~Studies have shown that tobacco vending machines are a major means by which young persons obtain cigarettes or other tobacco products.
The Hudson Board of Health further finds that minors have ready accessibility to such tobacco products through the use of vending machines placed in diners, pizza parlors, malls, fast-food restaurants, dance clubs, restaurants without restrictions on minors, bowling alleys and other areas where young people congregate, as well as through tobacco company promotions, thereby negating in many instance, the purpose and objective of MA General Laws, Chapter 270 Section 6, to discourage young people from smoking. ~The Board has determined that the addiction to nicotine must be stopped at the earliest time possible by restricting access to tobacco products by minors.
In light of the above mentioned, the Board of Health of the Town of Hudson under the authority of Chapter 111, Section 31 of the General Laws, in the interest of protecting public health, hereby adopts the following regulation.
Section II: Authority
This regulation is promulgated under the authority granted to the Hudson Board of Health under the Massachusetts General Laws Chapter 111, Section 31 that “Boards of Health may make reasonable health regulations."
Section III:~~~~Definitions
When used in this regulation or in communications, notices, orders, or other reference thereto, the following words and phrases shall have the meanings ascribed to them below and shall apply in the interpretation and enforcement of this regulation.
Minor
Any individual who is under the age of eighteen (18).
Tobacco Product(s)
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff, or tobacco in any of its forms.
Bar
An establishment whose business consists of primarily selling alcoholic beverages for consumption and in which the selling of food is only incidental to the consumption of beverages and area or counter, which is primarily dedicated to serving alcoholic beverages.
Self Service Displays
Any display of tobacco products, which is located so that said products are accessible to customers without assistance from an employee or other store personnel.
Private Club
An establishment opens only to members of the organization but which may be rented to the public for private functions, i.e. wedding receptions, private parties, under the control of the host/hostess rather than the proprietor/manager of the establishment.
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.
Permit Holder
Any person engaged in the sale or distribution of tobacco products directly to consumers who applies for and receives a tobacco sales permit or any person who is required to apply for a tobacco sales permit pursuant to these regulations, or his or her business agent.
Lockout Device
Device which enables an establishment’s agent or employee to directly control the sale of tobacco items through tobacco vending machines.
Section IV:~~~~~Tobacco Licensing
1. No person shall sell or otherwise distribute tobacco at retail within Hudson without first obtaining a tobacco sales permit issued annually by the Hudson Board of Health.
2. As part of the tobacco sales permit application process, the applicant will be provided with the Hudson 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 sales regarding both state laws regarding the sale of tobacco and this regulation.
3. Each applicant is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a tobacco sales permit can be issued.
4. The fee for a tobacco sales permit shall be determined by the Hudson Board of Health annually. All such permits shall be renewed annually by December 31st of each year.
5. A separate permit is required for each retail establishment selling tobacco.
6. Each tobacco sales permit shall be displayed at the retail establishment in a conspicuous place.
7. No tobacco sales permit holder shall allow any employee to sell cigarettes or other tobacco products until such employee reads this regulation 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 laws.
8. A tobacco sales permit is non-transferable, except a new permit will be issued to a retailer who changes location.
9. Issuance of a tobacco 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.
Section V:~~~~~~Tobacco Sale To Minors Prohibited
(A) Sales to Minors: No person shall sell tobacco products or permit tobacco products to be sold to a minor, or not being the minor’s guardian, give tobacco products to a minor.
(B) 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 tobacco product is younger than eighteen (18) years of age. ~No such verification is required for any person over the age of twenty-seven (27).
(C) Posting State Law: 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 state, “Sale of Cigarettes (or any tobacco products) to persons under age 18 is illegal (MGL 270 S 6, 7).” Or in the case of vending machines: “Persons under the age of 18 are prohibited from using this machine (MGL 270 S 6, 7).” ~Such notice shall be at least 48 square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales and must 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. ~For
all other cash registers that sell tobacco, a notice shall be attached that is no smaller than 9 square inches, which is the size of the sign provided by the Massachusetts Department of Public Health. ~Such notice too must directly face the purchaser and shall not be obstructed from view or placed at a height of no less than 4 feet or more than 9 feet from the floor. ~These signs may be obtained from the Hudson Board of Health or the Massachusetts Department of Public Health.
(D) Restrictions on Self Service: ~All self service displays are prohibited. ~The only exception is self-service displays that are located in facilities where the retailer ensures that no person younger than eighteen (18) years of age is present or permitted to enter at any time.
(E) Employee Sworn Statement Log Book: No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Board of Health regulations and State Laws regarding the sale of tobacco and signs a log book (required by the Board of Health) kept by the owner.
The employee’s signature will verify that the Board of Health Regulation and State Law have been read and understood by said employee. ~Such logbook must be retained by the license holder and shall be made available for inspection, during the permit holder’s normal business hours, upon request of an agent of the Board of Health.
(F) Vending Machines: From and after the effective date, no person shall install or maintain a vending machine to distribute or sell tobacco products in the Town of Hudson, except as a provided hereafter:
Private clubs and bars licensed by the Town of Hudson to sell or serve alcoholic beverages.
Said devices shall meet the following minimum standard:
1. Incorporate a mechanism to prevent the tobacco vending machine from functioning in the event that the power source fails or the lockout device is otherwise disabled.
2. Will ensure that only one pack of cigarettes (or other tobacco product) will be dispensed at a time.
3. That there is a lock-out device, installed and in view of the attendant operating such device. ~Such lock-out devices must be approved of by the Hudson Board of Health or it’s agents.
4. Tobacco vending machines must be posted with a sign not less that 6” x 6” stating, “Attention! ~This machine is equipped with a lockout device, to purchase a tobacco product, you must first see the person in charge.”
(G) Packaging and Free Distribution: Sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. ~No free samples of tobacco or tobacco products shall be distributed or sold within the Town of Hudson.
Any person or entity who fails to comply with (C), (D), (E), (F), or (G), of this section shall be punished by a fine of one hundred dollars ($100). ~Each day shall constitute a separate violation.
Violations:
1. It shall be the responsibility of the permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco. Except Sections V(C) to V(G), 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 twelve (12) months of the date of the current violation, a fine of two hundred dollars ($200.00) and the tobacco sales permit shall be suspended for seven (7) consecutive business days.
c. In the case of three or more violations within a twelve (12) month period, a fine of three hundred dollars ($300.00) and the tobacco sales permit shall be suspended for thirty (30) consecutive business days.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the tobacco 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 directly to a consumer 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. The Hudson Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which notice shall contain the reasons therefore 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 Hudson Board of Health may suspend the tobacco sales permit. All tobacco products shall be removed from the retail establishment upon suspension of the tobacco sales permit. Failure to remove all tobacco products shall constitute a separate violation of this regulation.
5. Any permit holder who does not pay the assessed fine within twenty-one days from fine issuance may be subject to criminal proceedings.
Section VI:~~~~~Enforcement
As an alternative to initiating criminal proceedings, violations of this regulation may be enforced in the manner provided in M.G.L. Chapter 40, Section 21D by the Hudson Board of Health or their designee. ~Any fines imposed under the provisions of this regulation shall be made payable to the Town of Hudson.
It shall not be considered to be “entrapment” or any other violations of the law for the Board of Health to engage an individual under the age of eighteen (18) to attempt to purchase cigarettes or other tobacco products for the purpose of monitoring compliance with this regulation.
Enforcement of this regulation shall be by the Hudson Board of Health or its designated agent(s).
Section VII:~~~~Severability
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining section being in force.
Section IX:~~~~~Effective Date
These regulations were adopted in their revised form by a vote of the Board of Health, Town of Hudson, Massachusetts on September 14, 2005, and are to be in full force and effect on January 01, 2006, and shall before said effective date be published in a newspaper, and a copy thereof shall be deposited with the Town Clerk’s Office.
Published: Hudson Sun
Adopted: September 14, 2005
Effective: January 01, 2006
| 
