[HISTORY: Adopted by the Town of Dennis as
indicated in article histories. Amendments noted where applicable.]
[Adopted 5-5-2015 ATM,
Art. 26.[1]]
[1]
Editor's Note: This article also superseded
former Ch. 163, Tobacco Vending Machines, adopted 11-18-2008 STM,
Art. 17.
A.Â
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.
B.Â
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.
A.Â
No vending machines for dispensing cigarettes or other
tobacco products and nicotine delivery products are allowed in the
Town of Dennis.
B.Â
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.
C.Â
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.
D.Â
Restrictions on self-service (freestanding) displays.
Tobacco products and nicotine delivery products on freestanding displays
in retail locations, restricted in the following manner:
(1)Â
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.
(2)Â
No floor displays shall be permitted.
(3)Â
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.
E.Â
NICOTINE DELIVERY PRODUCT
TOBACCO PRODUCT
Definitions.
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.
Cigarettes, cigars, snuff, chewing tobacco, pipe tobacco,
bidis, snuff, blunt wraps or tobacco in any of its forms.
A.Â
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.[1] If noncriminal disposition is elected, then any person
who violates any provision of this bylaw shall be subject to the following
penalties:
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First offense:
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Written warning
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Second offense:
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$100 fine
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Third offense:
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$200 fine
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Fourth or subsequent offense:
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$300 fine
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Subsequent offenses shall be determined as offenses
occurring within two years of the date of the first noticed offense.
Each day or portion thereof shall constitute a separate offense. If
more than one, each condition violated shall constitute a separate
offense.
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B.Â
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.
C.Â
Other.
(1)Â
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.
(2)Â
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.
(3)Â
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.
