[HISTORY: Adopted by the Town of Dennis as indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-2015 ATM, Art. 26.]
Editor's Note: This article also superseded former Ch. 163, Tobacco Vending Machines, adopted 11-18-2008 STM, Art. 17.
Exposure to environmental tobacco smoke presents a serious and substantial public health risk. Of particular concern is the workplace environment of nonsmokers, where they may be subjected to sustained, involuntary exposure. At special risk are children, the elderly, individuals with cardiovascular disease and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
Studies have shown that vending machines and freestanding self-service displays afford an opportunity for unauthorized sale of cigarettes to minors. Evidence further demonstrates that tobacco is extremely addictive. Approximately 80% of all smokers begin smoking before age 18.
No vending machines for dispensing cigarettes or other tobacco products and nicotine delivery products are allowed in the Town of Dennis.
Sales to minors. No person, firm, corporation, establishment or agency shall sell tobacco products or nicotine delivery products to a minor. Each employee working in an establishment which sells tobacco products shall be required to read the Town bylaw and state laws regarding the sale of tobacco and sign a form indicating that such regulations/laws have been read and understood, a copy of which must be placed on file in the office of the employer and retained. Such signed form must be made available for inspection during the license holder's normal business hours upon request of an agent of the Board of Health or other law enforcement agency.
Distribution of tobacco products and nicotine delivery products. No person, firm, corporation, establishment or agency shall distribute tobacco products free of charge or in connection with a commercial or promotional endeavor within the Town of Dennis. Such endeavors include, but are not limited to, product giveaways or distribution of a tobacco product as an incentive, prize, award bonus in a game, contest or tournament involving skill or chance. Such restrictions shall not apply to use of coupons from magazines, newspapers, periodicals or attached to packaging.
Restrictions on self-service (freestanding) displays. Tobacco products and nicotine delivery products on freestanding displays in retail locations, restricted in the following manner:
Self-service (freestanding) displays shall be permitted only on a checkout counter/register, in full view of a clerk, and at a distance of no more than five feet from the clerk.
No floor displays shall be permitted.
If a checkout counter/register is not staffed, the tobacco products and nicotine products must be in an enclosed, locked case or otherwise inaccessible for self-service.
- NICOTINE DELIVERY PRODUCT
- Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human consumption, but not including a product approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medicinal purposes and which is being marketed and sold solely for that approved purpose. Nicotine delivery products shall include, but not be limited to, e-cigarettes.
- TOBACCO PRODUCT
- Cigarettes, cigars, snuff, chewing tobacco, pipe tobacco, bidis, snuff, blunt wraps or tobacco in any of its forms.
Whoever violates any provision of this bylaw may be penalized by a noncriminal disposition process as provided in MGL c. 40, § 21D, and the Town's noncriminal disposition bylaw. If noncriminal disposition is elected, then any person who violates any provision of this bylaw shall be subject to the following penalties:
Permit suspension or revocation. Following a third offense within two years calculated from the date of the first noticed offense, the Board of Health may suspend or revoke any permit issued pursuant to these regulations for any violation of these regulations, or any other applicable General Law, regulation or bylaw. Such revocation or suspension may take place after a hearing held by the Board of Health of which the permit holder is given seven days' written notice. Such notice shall be deemed given upon mailing same, certified mail, return receipt requested, to the address listed on the permit application.
Whoever violates any provision of this bylaw may be penalized by indictment or on complaint brought in the district court. Except as may be otherwise provided by law and as the district court may see fit to impose, the maximum penalty for each violation or offense shall be three hundred dollars. Each day or portion thereof shall constitute a separate offense. If more than one, each condition violated shall constitute a separate offense.
The Board of Health may employ the remedies set forth in MGL c. 270, § 6, for violations of provisions relating to the sale of tobacco products to minors.
The Board of Health may enforce this bylaw or enjoin violations thereof through any lawful process, and the election of one remedy by the Board of Health shall not preclude enforcement through any other lawful means.
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.