Town of Wallingford, CT
New Haven County
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Table of Contents
Table of Contents
[HISTORY: Adopted by the Town Council of the Town of Wallingford 3-26-2019 by Ord. No. 626. Amendments noted where applicable.]
GENERAL REFERENCES
Alcoholic beverages — See Ch. 62.
A. 
Tobacco use is one of the foremost preventable causes of premature death in America.
B. 
Approximately 95% of adult smokers began smoking before they turned 21. The ages of 18 to 21 are a critical period when many smokers move from experimental smoking to regular, daily use.
C. 
Young people are particularly susceptible to the addictive properties of tobacco products. Tobacco industry documents show that individuals who start smoking by the age of 18 are almost twice as likely to become lifetime smokers as those who start after they turn 21.
D. 
Most people who are not smokers by 21 years of age do not start smoking later in their lives.
E. 
Electronic smoking device use among minors has recently tripled.
F. 
Most e-cigarettes contain nicotine. Nicotine is highly addictive and may harm the development of the adolescent brain into the early- to mid-twenties.
G. 
Increases in adolescent vaping from 2017 to 2018 were the largest adolescent substance use recorded in 43 years.
H. 
The e-cigarette aerosol that users breathe from the device and exhale can contain harmful and potentially harmful substances, including:
(1) 
Nicotine.
(2) 
Ultrafine particles that can be inhaled deep into the lungs.
(3) 
Flavoring such as diacetyl, a chemical linked to a serious lung disease.
(4) 
Volatile organic compounds.
(5) 
Cancer-causing chemicals.
(6) 
Heavy metals such as lead, chromium, cadmium.
(7) 
Ethanol.
I. 
The Institute of Medicine predicted in a 2015 report that raising the minimum legal sales age for tobacco products to 21 nationwide will have a substantial positive impact on public health and provide long-term declines in smoking rates by reducing tobacco initiation among adolescents aged 15 to 17 by 25% and overall prevalence of tobacco use by 12%. This report also projects that 4.2 million young people alive today would be protected from premature death related to tobacco use as a result of raising the minimum legal sales age for tobacco products to 21.
DELIVER
To transfer, give or provide, whether gratuitously or for any type of consideration.
RETAILER
Any person or business that owns, operates or manages any place at which tobacco products are sold and their agents and employees. Retailer also includes any person or business required to have a license under Connecticut General Statutes § 12-287.
SELL
To transfer for consideration.
TOBACCO PRODUCT
Any product containing, 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, chewing or pipe tobacco, snuff, electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other product or device that relies on vaporization or aerosolization; tobacco product also includes any component, part or accessory used in the consumption of a tobacco product such as filters, rolling papers, pipes, e-cigarettes, e-cigars, e-pipes, vape pens, e-hookahs and liquids used in the electronic smoking devices, whether or not they contain nicotine. Tobacco product shall not include drugs, devices or combination products approved by the United States Food and Drug Administration as a tobacco-cessation product and is marketed and sold exclusively for the approved purpose.
A. 
No retailer shall give, sell or otherwise deliver any tobacco product to any person under 21 years of age.
B. 
Each retailer shall require a person who is purchasing or attempting to purchase a tobacco product, whose age is in question, to exhibit proper proof of age. If such person fails to provide such proof of age, such retailer shall not sell the tobacco product to the person.
C. 
That a person appeared to be the age of 21 shall not constitute a defense to a violation of this section.
A. 
The Town of Wallingford Health Department shall provide retailers with signs to be posted at points of transaction (cash registers, sales counter) as well as on any display of tobacco products. Signage must include the following:
(1) 
Language, approved by the Health Department, stating that the sale of tobacco products to a person under 21 years of age is prohibited; and
(2) 
Language, approved by the Health Department, stating that nicotine is highly addictive.
B. 
Signage shall be prominently displayed and shall not be obscured.
C. 
The Town of Wallingford Health Department may change the signs, or add signs, in its discretion, and the retailers shall post them as directed by the Department. Signs shall be posted within 30 days of the effective date of this chapter.
The Wallingford Police Department is authorized to enforce this chapter in accordance with the law.
A. 
Sign violations. A retailer who violates the sign requirements of this chapter shall first be issued a written warning of the violation and shall have five days to come into compliance. After receiving a written warning, a violation of the sign requirements shall result in fines, as follows:
(1) 
$50 for the first offense after notice;
(2) 
$100 for the second offense within two years of the first violation;
(3) 
$250 for each offense thereafter within two years of the latest violation;
(4) 
Violations of this chapter which occur more than two years after a prior violation shall be considered a first offense if there has been no violation of this chapter during the intervening time period.
B. 
Sale violations. A retailer who violates the sale restriction by selling to a person under the age of 21 shall first be issued a written warning. Once a written warning has been issued, subsequent violations shall result in fines as follows:
(1) 
$100 for the first offense after notice;
(2) 
$250 for each offense thereafter within two years of the latest violation;
(3) 
Violations of this chapter which occur more than two years after a prior violation shall be considered a first offense if there has been no violation of this chapter during the intervening time period.
C. 
Appeal. A retailer may appeal the civil penalties within 10 days of the issuance of the citation by filing an appeal with the Police Department. The appeal shall be heard in accordance with Connecticut General Statutes § 7-152c.
Violations of this chapter are deemed to be a threat to the public health, safety and welfare of the community. Three violations by the same retailer within a two-year period shall constitute a public nuisance. The Town may initiate legal action to enforce the requirements of this chapter in addition to civil penalties.