Town of Ashland, MA
Middlesex County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Board of Health of the Town of Ashland October 7, 1993. Amendments noted where applicable.]
The Ashland Board of Health under the authority of Chapter 111, Section 31, and Chapter 40, Section 21D, of the Massachusetts General Laws, in the interest of protecting public health, hereby adopts these regulations.
As used within these regulations, the following shall be defined as below:
ACTIVE CASH REGISTER
Cash register that is physically staffed by an employee of the establishment and is available to the patrons of the establishment for the purpose of paying for items being purchased from the establishment.
LOCK-OUT DEVICE
Device which enables an establishment's agent or employee to directly control the sale of items through tobacco vending machines.
RETAILER OF TOBACCO PRODUCTS
Any person, business, or organization, which sells any tobacco product to the public for use other than medicinal purposes, whether or not the sale of the tobacco product is primary or secondary to any other business or activity of that person, business, or organization.
TOBACCO PRODUCTS
Any product derived from tobacco with the intended use of intake within the body through the means of smoking, chewing or sniffing. Such products include, but are not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, and snuff.
A. 
No person, business, or organization shall, within the Town of Ashland, sell cigarettes, cigars, or other tobacco products to the general public until a Retail Tobacco Sales Permit is obtained from the Ashland Board of Health.
B. 
An application for a Retail Tobacco Sales Permit shall be made to the Ashland Board of Health by current retailers of tobacco products within forty-five (45) days of the effective date of these regulations.
C. 
An application for a Retail Tobacco Sales Permit by other than current retailers of tobacco products shall be made to the Ashland Board of Health, and such permit shall be issued prior to the retail sale of any tobacco product within the Town of Ashland.
D. 
All Retail Tobacco Sales Permits shall expire on December 31 of each year. Application for, and issuance of, such permits shall be on an annual basis.
E. 
The Ashland Board of Health shall establish and charge an annual fee for the issuance of Retail Tobacco Sales Permits.
A. 
In accordance with Massachusetts General Law, Chapter 270, Section 6, whoever sells a cigarette, chewing tobacco, snuff, or any tobacco in any of its forms to any person under the age of eighteen (18) or, not being his parent or guardian, gives a cigarette, chewing tobacco, or tobacco in any of its forms to any person under the age of eighteen (18) shall be punished by a fine of not less than one hundred dollars ($100) for the first offense, not less than two hundred dollars ($200) for the second offense, and not less than three hundred dollars ($300) for any third or subsequent offenses.
B. 
Notwithstanding the above, the Ashland Board of Health, upon ten-day notice to the holder of any Retail Tobacco Sales Permit, may, for cause, hold a hearing to determine whether it should suspend or revoke that Retail Tobacco Sales Permit.
A. 
In accordance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes at retail.
B. 
The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health.
(1) 
Such notice shall be at least forty-eight (48) square inches and shall be posted at the cash register which receives the greatest volume of single cigarette package sales in such a manner so that it may be readily seen by a person standing at or approaching the cash register.
(2) 
Such 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.
C. 
For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than nine (9) square inches, which is the size of the sign provided by the Massachusetts Department of Public Health.
(1) 
Such notice must be posted in a manner so that it may be readily seen by a person standing at or approaching the cash register.
(2) 
Such notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of no less than four (4) feet or more than nine (9) feet from the floor.
D. 
The Ashland Board of Health and/or its enforcement officer(s) shall enforce these provisions. Whoever violates § 306-5A through C shall be punished by a fine of fifty dollars ($50) for each said violation.
E. 
Any person unlawfully removing a copy so posted under § 306-5A through C shall be punished by a fine of ten dollars ($10).
F. 
A copy of the Ashland Board of Health's Tobacco Sales Regulation shall be posted by each permittee at a place and in a position where it can be readily viewed by any employee engaged in the retail sales of tobacco product.
G. 
Whoever violates § 306-5F shall be punished by a fine of fifty dollars ($50) for each said violation.
H. 
Any person unlawfully removing a copy so posted under § 306-5F shall be punished by a fine of ten dollars ($10).
A. 
Each permittee shall maintain a log book of employees who engage in the sale of tobacco products.
B. 
Persons operating vending machine lock-out devices shall, for the purposes of these regulations, be considered engaged in the sale of the product contained within the vending machine.
C. 
No individual employee of any permittee shall be allowed to sell any tobacco product until such employee reads these regulations and applicable Massachusetts laws and signs a log book kept by the permittee.
D. 
The employee's signature in said log book shall indicate that said employee has been provided with a copy of both these regulations and all applicable state laws and that that employee understands the requirements of these regulations and the applicable state laws.
E. 
Such log book must be retained by the permittee and shall be made available for inspection during the permittee's normal business hours, upon request of an agent of the Ashland Board of Health.
F. 
Whoever violates this section shall be punished by a fine of fifty dollars ($50) for each said violation.
A. 
Freestanding displays of tobacco products, from which individual packages or cartons may be selected by the customer, must be located within twenty (20) feet of an active cash register.
B. 
The freestanding display must be located in full, unobstructed, view of the clerk manning such cash register.
C. 
Whoever violates this section shall be punished by a fine of fifty dollars ($50) for each said violation.
A. 
Effective forty-five (45) days from the effective date of these regulations, no person or entity shall install or maintain a vending machine to distribute or sell tobacco products within the Town of Ashland except as provided hereafter:
B. 
Vending machines used to distribute or sell tobacco products shall only be allowed in:
(1) 
Alcoholic beverage establishments licensed by the Town of Ashland to sell or serve alcoholic beverages.
(2) 
Food service establishments licensed by the Town of Ashland.
(3) 
Business office, factory or other premises not open to the general public.
C. 
Each person, business or organization which has on its premises a vending machine to distribute or sell tobacco products shall obtain a Retail Tobacco Sales Permit from the Ashland Board of Health.
D. 
Each such vending machine shall be equipped with a lock-out device which has been approved by the Ashland Board of Health and/or its agent(s). The release mechanism of such a device must not allow continuous operation of the vending machine and must not be accessible to customers.
E. 
Each such vending machine must be in clear view of the person operating such lock-out device at the time of operation.
F. 
Each such vending machine shall have posted on or directly abutting such machine a sign, made from durable material, of not less than four and five-tenths (4.5) inches by eight and five-tenths (8.5) inches in size, and which is securely fastened, which states:
"ATTENTION! THIS MACHINE IS EQUIPPED WITH A LOCK-OUT DEVICE TO PREVENT THE SALES OF TOBACCO PRODUCTS TO PERSONS UNDER THE AGE OF EIGHTEEN (18). TO PURCHASE A TOBACCO PRODUCT FIRST SEE THE PERSON-IN-CHARGE."
G. 
Whoever violates this section shall be punished by a fine of fifty dollars ($50) for each said violation.
A. 
Sales or distribution of tobacco products in any form other than in original factory-wrapped packaging is prohibited.
B. 
Distribution to the public of tobacco products other than by a permittee is prohibited.
C. 
Whoever violates this section shall be punished by a fine of one hundred dollars ($100) for each said violation.
A. 
These regulations shall be strictly enforced by the Ashland Board of Health and/or its agent(s).
B. 
It shall not be considered "entrapment" or any other violation of the law for the Ashland Board of Health to engage an individual under the age of eighteen (18) years to attempt to purchase cigarettes or other tobacco products for the purpose of monitoring compliance with this chapter.
C. 
All fines listed herein shall be enforced under the authority granted under Chapter 40, Section 21D, of the Massachusetts General Laws.
A. 
The Ashland Board of Health may, upon the convening of a hearing, vary the application of any provision(s) of these regulations with respect to an individual permittee when, in its opinion, the enforcement thereof would do manifest injustice or cause undue hardships, provided that the decision of the Board shall not conflict in any way with the spirit of these regulations.
B. 
The burden of proof of the manifest injustice or causes of hardship shall be the responsibility of the applicant for such variance.
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby, but shall continue in full force and effect.
These regulations shall be effective as of October 1, 1993.