The purpose of this regulation is to protect the health of the
general public in the Town of Wakefield.
This regulation is promulgated under the authority granted to
the Wakefield Board of Health pursuant to MGL c. 111, § 31,
that "[b]oards of health may make reasonable health regulations.
As used in this regulation, the following words shall have the
following meanings, unless the context requires otherwise:
DRUG PARAPHERNALIA
Shall mean those items as defined in MGL c. 94C, § 1,
as well as blunt wrappers and rosebud glass tubes or other non-traditional
smoking apparatus. Any loose products, including but not limited to
steel wool pads and plastic bags displayed in a business establishment
for sale or distribution, individually, out of the manufacturer's
customary packaging, will be considered drug paraphernalia.
RETAIL TOBACCO STORE
An establishment whose primary purpose is to sell or offer
for sale to consumers, but not for resale, tobacco products and 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 Wakefield Board of Health.
No person, firm, store, or corporation shall sell or offer for
sale or distribution drug paraphernalia in the Town of Wakefield.
Blunt wrappers are allowed for sale in a retail tobacco store.
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 paragraphs or provisions.
Nothing in this regulation shall be deemed to amend or repeal
applicable fire, health or other regulations.
This regulation shall be effective as of January 1, 2014.