[HISTORY: Adopted by the Board of Health
of the Town of Williamstown 7-10-2023.[1] Amendments noted where applicable.]
[1]
Editor's Note: This legislation also repealed former Ch. 158,
Smoking and Tobacco Products, adopted 9-8-2014, as amended 7-13-2015,
5-7-2018, 9-10-2018, and 10-7-2019.
A.Â
Findings.
(1)Â
Whereas there exists conclusive evidence that tobacco smoking causes
cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose and throat [Note: 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.];
(2)Â
Whereas the U.S. Department of Health and Human Services has concluded
that nicotine is as addictive as cocaine or heroin [Note: 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/.];
and the Surgeon General found that nicotine exposure during adolescence,
a critical window for brain development, may have lasting adverse
consequences for brain development, [Note: U.S. Department of Health
and Human Services. 2014. The Health Consequences of Smoking - 50
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.];
and that it is addiction to nicotine that keeps youth smoking past
adolescence, [Note: Id. at Executive Summary p. 13. Retrieved from:
http://www.surgeongeneral.gov/library/reports/50- years-of-progress/exec-summary.pdf];
(3)Â
Whereas a Federal District Court found that Phillip Morris, RJ Reynolds
and other leading cigarette manufacturers "spent billions of dollars
every year on their marketing activities in order to encourage young
people to try and then continue purchasing their cigarette products
in order to provide the replacement smokers they need to survive"
and that these companies were likely to continue targeting underage
smokers [Note: United States v. Phillip Morris, Inc., RJ Reynolds
Tobacco Co., et al., 449 F.Supp.2d 1(D.D.C. 2006) at Par.3301 and
Pp. 1605-07.]
(4)Â
Whereas more than 80% of all adult smokers begin smoking before the
age of 18, more than 90% do so before leaving their teens, and more
than 3.5 million middle and high school students smoke [Note: SAMHSA,
Calculated based on data in 2011 National Survey on Drug Use and Health
and U.S. Department of Health and Human services (HHA).];
(5)Â
Whereas 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 youth [Note: CDC(2009),
Youth Risk Behavior, Surveillance Summaries (MMWR 2010:59, 12, note
5). Retrieved from: http:www.cdc.gov/mmwr/pdf/ss/ss5905.pdf.];
(6)Â
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% [Note Ringel, J., Wasserman,
J., & Andreyeva, T. (2005) Effects of Public Policy on Adolescents'
Cigar Use: Evidence from 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.]
(7)Â
Whereas 59% of high school smokers in Massachusetts have tried flavored
cigarettes or flavored cigars and 25.6% of them are current flavored
tobacco product users; 95.1% of twelve- to seventeen-year olds who
smoked cigars reported smoking cigar brands that were flavored [Note:
Massachusetts Department of Public Health, 2015 Massachusetts Youth
Health Survey (MYHS); Delneve CD et al., Tob Control, March 2014:
Preference for flavored cigar brands among youth, young adults and
adults in the USA.]
(8)Â
Whereas the Surgeon General found that exposure to tobacco marketing
in stores and price discounting increase youth smoking [Note: 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. 508-530, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-
report.pdf.];
(9)Â
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 [Note: Food and Drug Administration. 2011.
Fact Sheet: Flavored Tobacco Products, www.fda.gov/downloads/TobaccoProducts/ProtectingKidsfromTobacco/FlavoredTobacco/UCM183214.pdf;
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, www.surgeongeneral.gov/library/reports/preventing-youth-tobacco-use/full-report.pdf.];
(10)Â
Whereas the U.S. Surgeon General recognized in his 2014 report
that a complementary strategy to assist in eradicating tobacco-related
death and disease is for local governments to ban categories of products
from retail sale. [Note: See fn. 3 at p. 85.];
(11)Â
Whereas the U.S. Food and Drug Administration and the Tobacco
Products Scientific Advisory Committee concluded that menthol flavored
tobacco products increased nicotine dependence, decreased success
in smoking cessation [Note: www.fda.gov/downloads/ucm361598.pdf,Https://tobacco,ucsf.edu/tpsac-gave-fda-what-it-needs-to-ban-
menthol];
(12)Â
Whereas menthol makes it easier for youth to initiate tobacco
use [Note: www.tobaccofreekids.org/assets/factsheet/0390.pdf];
(13)Â
Whereas use of e-cigarettes among students in Massachusetts
is 20.1%, representing a 78% increase for high schoolers and a 48%
increase for middle schoolers from 2017 to 2018 [Note: MA YRBS 2017];
(14)Â
Whereas the Massachusetts Department of Environmental Protection
has classified liquid nicotine in any amount as an acutely hazardous
waste [Note: 310 CMR 30.136];
(15)Â
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 [Note: 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 of Adolescent
Health. [Article in press], www.jahonline.org/article/S1054-139X%2813%2900415-1/abstract.]
(16)Â
Whereas educational institutions that sell tobacco products
to a younger population, who is particularly at risk for becoming
smokers is incompatible with the mission of educational institutions
that educate a younger population about social, environmental and
health risks and harms; and
(17)Â
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"
[Note: Druzik et al v. Board of Health of Haverhill, 324 Mass.129
(1949).];
B.Â
Now, therefore, it is the intention of the Williamstown Board of
Health to regulate the sale of tobacco products.
This regulation is promulgated pursuant to the authority granted
to the Williamstown Board of Health by Massachusetts General Laws
Chapter 111, Section 31, which states "Boards of health may make reasonable
health regulations."
In these regulations, the following terms have the meanings
indicated:
An establishment that does not share space with another business,
that has a separate entrance, that does not sell food, beverages or
alcohol, that does not have a restaurant license or lottery license,
whose only purpose is to sell or offer for retail sale tobacco products
and/or tobacco product paraphernalia, in which the entry of persons
under the age of 21 is prohibited at all times, and which maintains
a valid permit for the retail sale of tobacco products from the Williamstown
Board of Health and applicable state licenses. Entrance to the establishment
must be secure so that access to the establishment is restricted to
employees and to those 21 years or older. The establishment shall
not allow anyone under the age of 21 to work at the establishment.
An establishment or an area within a restaurant, hotel, or
other establishment.
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 regardless of any content.
The Williamstown Board of Health or its designated agents.
The Williamstown Board of Health.
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.
A distinguishable taste or aroma, other than the taste or
aroma of tobacco, 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, menthol,
mint, wintergreen, herb or spice; provided, however, that no tobacco
product shall be determined to have a characterizing flavor solely
because of the provision of ingredient information or the use of additives
or flavorings that do not contribute to the distinguishable taste
or aroma of the product.
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco, with or without a tip or mouthpiece,
that is in a readily usable state immediately when removed from its
packaging without any modification, preparation or assembly required
as in a kit or roll-your-own package, and is not otherwise defined
as a cigarette under Massachusetts General Law, Chapter 64C, Section
1, Paragraph 1. Tobacco leaf in such kits or roll-your-own packages
shall be considered blunt wraps for the purpose of this regulation.
An educational facility offering education at above the secondary
school level.
Any element of a tobacco product, including, but not limited
to, the tobacco, filter and paper, but not including any 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.
Any card, paper, note, form, statement, ticket or other communication
distributed for commercial or promotional purposes to be later surrendered
by the bearer so as to receive an article, service or accommodation
without charge or at a discount price.
Perceivable by either the sense of smell or taste.
Any public or private college, school, professional school,
scientific or technical institution, university or other institution
furnishing a program of higher education.
An electronic device, whether for one-time use or reusable,
that can be used to deliver nicotine or another substance to a person
inhaling from the device, including, but not limited to, electronic
cigarettes, electronic cigars, electronic cigarillos, electronic pipes,
vaping pens, hookah pens and other similar devices that rely on vaporization
or aerosolization; provided, however, that "electronic nicotine delivery
system" shall also include any noncombustible liquid or gel that is
manufactured into a finished product for use in such electronic device;
provided further, that "electronic nicotine delivery system" shall
also include any component, part or accessory of a device used during
the operation of the device even if the part or accessory was sold
separately; provided further, that "electronic nicotine delivery system"
shall not include a product that has been approved by the United States
Food and Drug Administration for the sale of or use as a tobacco cessation
product or for other medical purposes and is marketed and sold or
prescribed exclusively for that approved purpose.
Any individual who performs services for an employer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals that uses the services of
one or more employees.
If the exterior/outdoor space has a structure capable of
being enclosed by walls or covers, regardless of the materials or
the removable nature of the walls or covers, the space will be considered
enclosed when the walls or covers are in place. All outdoor spaces
shall be physically separated from an enclosed work space. If doors,
windows, sliding or folding windows or doors or other fenestrations
form any part of the border to the outdoor space, the openings shall
be closed to prevent the migration of smoke into the enclosed workspace.
If the windows, sliding or folding windows or doors or other fenestrations
are opened or otherwise do not prevent the migration of smoke into
the work space, the outdoor space shall be considered an extension
of the enclosed work space and subject to this chapter.
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.
An establishment permitted by the Board of Health under the
provisions of 105 CMR 590.000, State Sanitary Code, Chapter X, Minimum
Sanitation Standards for Food Establishments, as currently promulgated
or promulgated in the future.
Any display of tobacco or tobacco products which is not attached
to or on top of a checkout counter, or where distribution of the tobacco
products is not directly controlled by an employee.
An individual, partnership, association, corporation or 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 MGL c. 112
or a retail establishment 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.
A package from which nicotine or other substance in a solution
or other form is accessible through normal and foreseeable use by
a consumer and that is used to hold a soluble nicotine or other substance
in any concentration; provided, however, that "liquid nicotine container"
shall not include a sealed, prefilled and disposable container of
nicotine or other substance in a solution or other form in which the
container is inserted directly into an electronic cigarette, electronic
nicotine delivery system or other similar product if the nicotine
or other substance in the container is inaccessible through customary
or reasonably foreseeable handling or use, including reasonably foreseeable
ingestion or other contact by children.
The higher of the price listed for a tobacco product on its
package or the price listed on any related shelving, posting, advertising
or display at the place where the tobacco product is sold or offered
for sale plus all applicable taxes if such taxes are not included
in the stated price, and before the application of any discounts or
coupons.
A not-for-profit entity that has been established and operates
for a charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to: (i) a society, organization
or association of a fraternal nature that operates under the lodge
system, and having one or more affiliated chapters or branches incorporated
in any state; or (ii) a corporation organized under MGL c. 180; or
(iii) an established religious place of worship or instruction in
the commonwealth whose real or personal property is exempt from taxation;
or (iv) a veterans' organization incorporated or chartered by
the Congress of the United States, or otherwise having one or more
affiliated chapters or branches incorporated in any state. Except
for a religious place of worship or instruction, an entity shall not
be a membership association for the purpose of this definition, unless
individual membership containing not less than full membership costs
and benefits is required for all members of the association for a
period of not less than 90 days.
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 nonresidential
RYO machines.
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.
Any retailer, 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.
A bus, taxi, or other means of public transit while operating
within the limits of Williamstown.
An establishment commonly known as a "supermarket" or "grocery
store" in which the primary activity is the sale of food items to
the public for off-premises consumption.
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 18 is prohibited at all times, and
maintains a valid permit for the retail sale of tobacco products as
required to be issued by the Town of Williamstown Board of Health.
Retail tobacco stores will not sell any food products.
A person that operates a retail establishment.
Public or private elementary or secondary schools.
Any display from which customers may select a tobacco product,
as defined herein, without assistance from an employee or store personnel.
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.
An establishment that: (i) exclusively occupies an enclosed
indoor space and is primarily engaged in the retail sale of tobacco
products for consumption by customers on the premises; (ii) derives
revenue from the sale of food, alcohol or other beverages that is
incidental to the sale of a tobacco product and prohibits entry to
a person under 21 years of age; (iii) prohibits a food or beverage
not sold directly by the establishment from being consumed on the
premises; (iv) maintains a valid permit for the retail sale of a tobacco
product as required to be issued by the Williamstown Board of Health;
and (v) maintains a valid permit issued by the Department of Revenue
to operate as a smoking bar. "Smoking bar" shall include, but not
be limited to, those establishments that are commonly known as "cigar
bars," "hookah bars" and "vape bars."
A product containing or 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, electronic cigarettes, electronic
cigars, electronic pipes, electronic nicotine delivery systems or
any other similar products that rely on vaporization or aerosolization
regardless of nicotine content in the product; provided, however,
that "tobacco product" shall also include any component, part or accessory
of a tobacco product; and provided further, that "tobacco product"
shall not include a product that has been approved by the United States
Food and Drug Administration for the sale of or use as a tobacco cessation
product or for other medical purposes and is marketed and sold or
prescribed exclusively for the approved purpose.
Any product designed, manufactured, produced, marketed or
sold to produce a characterizing flavor when added to any tobacco
product.
A certification training program, approved by the Tri-Town
Board of Health or other boards of health that require the training
which must be successfully completed by all tobacco product sales
clerks engaged in the sale or distribution of tobacco products directly
to the consumer. For the purposes of this section, the content of
the tobacco product sales certification training program must be approved
by the Board of Health.
An individual, employer, employee, retail store manager,
the owner or operator of any establishment engaged in the sale or
distribution of tobacco products directly to consumers who can produce
documentation that he/she maintains a valid tobacco product sales
certification.
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.
An area within a structure or portion thereof in which two
or more employees perform services for their employer. The word includes
areas such as an employee lounge, dining facilities, restroom, conference
room, hallway, stairway, and entranceway.
A.Â
Smoking prohibited. Smoking is prohibited in the following public
places:
(1)Â
A hallway, elevator, entranceway, restroom, lobby or waiting area
of a museum, library, clinic, nursing home, auditorium, long-term
health care facility, indoor sports arena, theater, inn, hotel, motel,
restaurant, college or municipal building.
(2)Â
An auditorium, except as provided in § 158-5E; the performance area of an indoor sports arena; or the galleries or display areas of a museum.
(3)Â
A public transit facility.
(4)Â
A food establishment, or bar, in any area (interior or exterior)
where food or beverage is received, stored, prepared, served, or consumed.
(5)Â
A licensed child-care facility.
(6)Â
A school.
(7)Â
A room or hall used for public meetings, while being so used.
(8)Â
The public areas of a building owned or maintained by the Town of
Williamstown and used by the general public.
B.Â
Smoking restricted. Unless prohibited by Subsection A above, or pursuant to § 158-6 below, in the following public places, smoking is permitted in a designated exterior unenclosed smoking area:
(1)Â
A museum, library, clinic, nursing home, auditorium, long-term health
care facility, indoor sports arena, theater, inn, hotel, motel or
college.
The following places are not subject to the smoking prohibitions
or restrictions of these regulations:
A.Â
The proprietor or other person in charge of a place subject to these
regulations shall:
(1)Â
Conspicuously post a "no smoking" sign or international symbol as
appropriate at the entrance to and within every area in which smoking
is permitted or prohibited by these regulations.
(2)Â
Ask a person who is smoking in a nonsmoking area either to refrain
from smoking or to move to a smoking area.
(3)Â
Use any other appropriate and reasonable means to implement these
regulations.
B.Â
Nothing in these regulations prohibits an employer, or the proprietor
or other person in charge of a place, establishment, or facility,
from prohibiting smoking within the entire place, establishment, or
facility
A.Â
No person shall sell or provide a tobacco product to a person under
21 years old.
B.Â
Required signage.
(1)Â
All retail establishments, including smoking bars and adult-only
retail tobacco stores, shall conspicuously post signage inside the
establishment, in the form developed and made available by the Massachusetts
Department of Public Health. Such signage shall include: (i) a copy
of MGL c. 270, §§ 6 and 6A; (ii) referral information
for smoking cessation resources; (iii) a statement that sale of tobacco
products, including e-cigarettes, to someone younger than 21 years
of age is prohibited; (iv) health warnings associated with using electronic
nicotine delivery systems; and (v) except in the case of smoking bars,
notice to consumers that the sale of flavored electronic nicotine
systems is prohibited at all times. Such signage shall be posted conspicuously
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 four
feet or greater than nine feet from the floor.
(2)Â
All smoking bars and adult-only retail tobacco stores shall post
signage, in the form developed and made available by the Massachusetts
Department of Public Health, on the exterior of the door providing
entrance to the tobacco retail store or smoking bar, and such sign
shall not be obstructed from view or placed at a height of less than
four feet or greater than nine from the bottom of the door. Such signage
shall state that "No person younger than 21 years old is permitted
on the premises at any time."
(3)Â
All smoking bars and those adult-only retail tobacco stores that
allow for on-site consumption of tobacco products shall post signage,
in the form developed and made available by the Massachusetts Department
of Public Health, on the exterior of the door providing entrance to
the tobacco retail store or smoking bar, and such sign shall not be
obstructed from view or placed at a height of less than four feet
or greater than nine from the bottom of the door. Such signage shall
warn persons entering that smoking and vaping may be present on the
premises, and provide information concerning the health risks associated
with secondhand smoke and the use of tobacco products, including electronic
nicotine delivery systems.
C.Â
Identification. Each person selling or distributing tobacco products
or admitting entrance into a smoking bar or adult-only retail tobacco
store shall first 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 or older.
D.Â
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.
A.Â
No person shall sell or otherwise distribute or offer for sale tobacco
products, as defined herein, without first obtaining a tobacco product
sales permit issued annually by the Williamstown Board of Health.
Only owners of establishments with a permanent, nonmobile location
in Williamstown are eligible to apply for a permit and sell tobacco
products, as defined herein, at the specified location in the Williamstown
Board of Health's jurisdiction.
B.Â
As part of the tobacco product sales permit application process,
the applicant will be provided with the Williamstown Board of Health
regulations. 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
about the sale of tobacco and this regulation.
C.Â
Each applicant who sells tobacco products is required to provide
proof of current tobacco retailer licenses issued by the Massachusetts
Department of Revenue, when required by state law, before a tobacco
product sales permit can be issued. The applicant may be asked to
provide evidence that a legitimate business transfer or business purchase
has taken place.
D.Â
A separate permit, displayed conspicuously, is required for each
retail establishment selling tobacco products, as defined herein.
The fee shall be determined by the Williamstown Board of Health annually.
E.Â
A tobacco product sales permit is nontransferable. A new owner of
an establishment that sells tobacco products, as defined herein, 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.
F.Â
As of the effective date of this regulation, no new adult-only retail
tobacco stores shall be located within 25 feet of an existing retailer
with a tobacco product sales permit.
G.Â
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.
H.Â
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 the permit holder has not satisfied any
outstanding permit suspensions.
I.Â
A tobacco product sales permit will not be renewed if the permit holder has sold a tobacco product to a person under the age of 21 three times within the previous permit year and the time period to appeal has expired. The violator may request a hearing in accordance with Subsection F of the Violations Section.[1]
J.Â
Certification.
(1)Â
No person shall sell any tobacco product without first successfully
completing an approved tobacco sales certification training and obtaining
confirmation of certification in which the training proctor is the
Tri-Town Health Department.
(2)Â
New employees have 30 consecutive days to successfully complete an
approved tobacco product sales certification training. Employers must
provide documentation confirming new hire if requested by Board of
Health.
A.Â
At any given time, there shall be no more than six tobacco product
sales permits issued in Town of Williamstown. No permit renewal will
be denied based on the requirements of this subsection, except any
permit holder who has failed to renew his or her permit within 30
days of expiration will be treated as a first-time permit applicant.
New applicants for permits who are applying at a time when the maximum
number of permits have been issued will be placed on a waiting list
and will be eligible to apply for a permit on a first-come, first-served
basis as issued permits are either not renewed, revoked, or are returned
to the Board of Health.
B.Â
A tobacco product 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.
C.Â
Applicants who purchase an existing business that holds a current
tobacco product sales permit at the time of the sale of said business
must apply within 60 days of such sale for the permit held by the
seller if the buyer intends to sell tobacco products, as defined herein.
D.Â
As of August 1, 2023, any permit not surrendered, revoked or renewed either because a retailer no longer sells tobacco products, as defined herein, or because a retailer closes the retail business, shall be returned to the Williamstown Board of Health and shall be permanently retired by the Board of Health and the total allowable number of tobacco product sales permits under Subsection A shall be reduced by the number of the retired permits.
E.Â
After October 1, 2018, all new permits, or permits reinstated following
a suspension, will be restricted to the sale of cigarettes, cigars,
pipe and cigarette tobacco, chewing tobacco, fine cut oral leaf tobacco
(commonly known as "skoal," or "smokeless tobacco") and the associated
papers and implements for the smoking and oral use of leaf tobacco.
New or reinstated permits are prohibited from selling any liquids
containing nicotine, or electronic devices used to deliver nicotine
by vaporization or aerosol inhalation or ingestion (commonly known
as "electronic cigarettes," "vapes" or "vaping").
Smoking bars are prohibited in the Williamstown Board of Health
jurisdiction.
A.Â
No person shall sell or distribute or cause to be sold or distributed
a single cigar unless such cigar is priced for retail sale at $2.90
or more.
B.Â
No person shall sell or distribute or cause to be sold or distributed
any original factory-wrapped package of two or more cigars, unless
such package is priced for retail sale at $5.80 or more.
C.Â
This section shall not apply to 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 Williamstown Board of Health
jurisdiction.
D.Â
The Williamstown 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.
No person shall possess, hold, keep, sell or distribute or cause
to be possessed, held, kept, sold or distributed any flavored tobacco
product, as defined herein, or any flavored tobacco product enhancer,
as defined herein. Retailers must obtain from a manufacturer documentation
certifying that products sold by the retailer, do not meet the definition
of a flavored tobacco product or tobacco product flavor enhancer (105
CMR 665.010).
No person shall sell an electronic nicotine delivery system
with nicotine content greater than 35 milligrams per milliliter; provided,
however, that this subsection shall not apply to adult-only retail
tobacco stores or smoking bars. Retailers must obtain from a manufacturer
documentation indicating the nicotine content of each of their products
sold by the retailer, expressed as milligrams per milliliter [105
CMR 665.010(C)].
No person or entity shall sell or distribute blunt wraps in
the Williamstown Board of Health jurisdiction.
No person shall:
A.Â
Distribute or cause to be distributed, any free samples of tobacco
products, as defined herein;
B.Â
Accept or redeem, offer to accept or redeem, or cause or hire any
person to accept or redeem or offer to accept or redeem any coupon
that provides any tobacco product, as defined herein, without charge
or for less than the listed or nondiscounted price; or
C.Â
Sell a tobacco product, as defined herein, to consumers through any
multi-pack discounts (e.g., buy two get one free) or otherwise provide
or distribute to consumers any tobacco product, as defined herein,
without charge or for less than the listed or nondiscounted price
in exchange for the purchase of any other tobacco product.
A.Â
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 20 cigarettes, including single cigarettes.
B.Â
Permit holders who sell liquid nicotine containers must comply with
the provisions of 310 CMR 30.000, and must provide the Williamstown
Board of Health with a written plan for disposal of said product,
including disposal plans for any breakage, spillage or expiration
of the product.
C.Â
All permit holders must comply with 940 CMR 21.05 which reads: "It
shall be an unfair or deceptive act or practice for any person to
sell or distribute nicotine in a liquid or gel substance in Massachusetts
after March 15, 2016 unless the liquid or gel product is contained
in a child-resistant package that, at a minimum, meets the standard
for special packaging as set forth in 15 U.S.C. §§ 1471
through 1476 and 16 CFR § 1700 et seq."
D.Â
No permit holder shall refill a catridge that is prefilled and sealed
by the manufacturer and not intended to be opened by the consumer
or retailer.
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.
All vending machines containing tobacco products, as defined
herein, are prohibited.
All nonresidential roll-your-own machines are prohibited.
No health care institution located in Williamstown 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, optician/optometrist or drugstore, shall sell
or cause to be sold tobacco products, as defined herein.
No educational institution located in Williamstown 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.
A.Â
The sale or distribution of tobacco products, as defined herein,
must comply with those provisions found at MGL c. 270, §§ 6,
6A, 7, 28, 29 and MGL c. 112, § 61A.
B.Â
The sale or distribution of tobacco products, as defined herein,
must comply with those provisions found at 940 CMR 21.00 (Sale and
Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic
Smoking Devices in Massachusetts) and 940 CMR 22.00 (Sale and Distribution
of Cigars in Massachusetts).
A.Â
It shall be the responsibility of the establishment, permit holder
and/or his or her business agent, and not their employees, to ensure
compliance with all sections of this regulation. For violations of
the sections of this regulation that incorporate MGL c. 270, § 6,
and 105 CMR 665, the following penalties apply:
(1)Â
In the case of a first violation, a fine of $1,000 shall be issued
and, additionally, if the violation is a sale of a tobacco product
to a person under the age of 21, the tobacco product sales permit
shall be suspended per 105 CMR 040(d), for up to 30 consecutive business
days but no less than one business day.
(2)Â
In the case of a second violation within 36 months of the date of
the current violation, a fine of $2,000 and the tobacco product sales
permit shall be suspended per 105 CMR 040(d), for up to 30 consecutive
business days but no less than one business day.
(3)Â
In the case of three or more violations within a thirty-six-month
period, a fine of $5,000 shall be issued and the tobacco product sales
permit shall be suspended per 105 CMR 040(d), for up to 30 consecutive
business days but no less than one business day.
B.Â
For violations of all other sections specific to the Williamstown
Board of Health:
(1)Â
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. The violator shall receive:
(a)Â
In the case of a first violation, a fine of $100.
(b)Â
In the case of a second violation within 36 months of the current
violation, a fine of $200 and the tobacco product sales permit shall
be suspended for seven consecutive business days.
(c)Â
In the case of three or more violations within a thirty-six-month
period, a fine of $300 and the tobacco product sales permit shall
be suspended for 30 consecutive business days.
(d)Â
In the case of further violations or repeated, egregious violations
of this regulation, the Board of Health may revoke a tobacco product
sales permit.
C.Â
The Board shall have the authority to enforce these regulations by:
D.Â
Whoever, himself or by his servant or agent or as the servant or agent of any other person or firm or corporation, violates any of the provisions of these regulations is subject to a fine as stated in Chapter 146, Local Fines, of the Code of the Town of Williamstown. Each day of violation, after written notice, is a separate violation.
E.Â
Tobacco product sales permit violations.
F.Â
Refusal to cooperate with inspections pursuant to this regulation
shall result in the suspension of the tobacco product sales permit
for 30 consecutive business days.
(1)Â
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 30 consecutive business days.
(2)Â
The 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 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 therefor in writing. After
a hearing, the Board of Health finds that a violation of this regulation
occurred. For purposes of such suspensions or revocations, the Board
of Health shall make the determination notwithstanding any separate
criminal or noncriminal proceedings brought in court hereunder or
under the Massachusetts General Laws for the same offense.
(3)Â
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.
A.Â
Any person or persons aggrieved by any order issued under this chapter
may appeal by filing a written petition for hearing to the Board of
Health, which must be received within 10 days after the day the order
was served.
B.Â
The hearing shall be commenced not later than 14 days after the receipt
of a petition.
C.Â
At the hearing, the petitioner and other affected parties shall be
given an opportunity to be heard, to present witnesses or documentary
evidence, and to show why an order should be modified or withdrawn.
Failure to hold a hearing within the time period specified herein
shall not affect the validity of any order.
D.Â
The Board of Health shall sustain, modify, or withdraw the order
and shall inform the petitioner.
E.Â
Any person aggrieved by the decision of the Board of Health may seek
relief therefrom in any court of competent jurisdiction, as provided
by the laws of this commonwealth.
These regulations or any portion of them may be amended, supplemented,
or repealed from time to time by the Board of Health, with notice
as provided by law, on the Board's own motion or by petition.
As of the effective date of these regulations, all prior Williamstown
Board of Health smoking regulations are repealed.
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.
The effective date of these regulations is August 1, 2023.
A.Â
Policies subject to state law fines MGL c. 270, § 6 (§ 158-24A).
(1)Â
Tobacco and vape sales to persons under the age of 21 (MGL c. 270,
§ 6).
(2)Â
Flavored tobacco product sales restrictions (MGL c. 270, § 6).
(3)Â
Required retailer signage (105 CMR 665.015).
(4)Â
Ban on free distribution (105 CMR 665.025).
(5)Â
Ban on self-service displays [105 CMR 665.010(B)].
(6)Â
Ban on out-of-package sales (105 CMR 665.030).
(7)Â
Sales without a local tobacco product sales permit for smoking bars
and retail tobacco stores only [105 CMR 665.013(A)].
(8)Â
Failure to check identification of purchaser (105 CMR 665.020).
(9)Â
Nicotine content in electronic nicotine delivery systems (MGL c.
270, § 6).
(10)Â
Coupon redemption (105 CMR 665.025).
(11)Â
Child-proofed liquid nicotine containers required (105 CMR 665.035).
(12)Â
Failure to obtain manufacturer's nonflavored certification
[105 CMR 665.010(E)].
(13)Â
Failure to obtain manufacturer's nicotine content certification
[105 CMR 665.010(C)].
(14)Â
Admitting a minor into an adult-only retail tobacco store [105
CMR 665.020(B)].
B.Â
Policies subject to local regulation fines (§ 158-24B).
(1)Â
Prohibition of the sale of blunt wrap.
(2)Â
Ban on smoking bars.
(3)Â
Cigar sales regulated.
(4)Â
Tobacco product sales in health care institutions.
(5)Â
Tobacco product sales in educational institutions.
(6)Â
Nonresidential roll-your-own machines ban.
(7)Â
Maximum number of tobacco sales permits.
(8)Â
No new tobacco retailer near schools.
(9)Â
No new tobacco retailer near existing permit holder.
(10)Â
Massachusetts Department of Revenue license(s).
(11)Â
Retailer possessing, holding, keeping prohibited flavor products.
(12)Â
Local tobacco sales permit requirement for retailers who are
neither smoking bars nor retail tobacco stores.