A Town bylaw regulating the sale, vending, and distribution of tobacco within the Town as follows:
Section 1. Declaration of Policy and Purpose
whereas: cigarette smoking is the chief avoidable cause of death in this country, and
whereas: medical and scientific evidence demonstrates that tobacco usage is addictive and causes serious health problems, and
whereas: the Surgeon General has concluded that cigarettes and other forms of tobacco are habit-forming in the same sense as are drugs such as heroin and cocaine, and
whereas: most cases of tobacco use begin during childhood and adolescence, now
therefore: this bylaw needs to protect the public health by further restricting the sale, vending, and distribution of tobacco in Concord .
Section 2. Definitions
A. Tobacco: cigarettes, chewing tobacco, snuff, or tobacco in any of its forms
B. Minor: person under eighteen (18) years of age
C. Tobacco vending machine: a device which dispenses tobacco products by self-service or by remote control
Section 3. Permits
A. No person, firm, corporation, establishment, or agency shall sell tobacco within the Town of Concord without a Tobacco Sales Permit issued by the Board of Health.
B. An application for a Tobacco Sales Permit shall be filed within sixty (60) days following the effective date of this bylaw on a form provided by the Concord Board of Health.
C. The fee for an initial Tobacco Sales Permit shall be fifty ($50.00) dollars. All such permits shall be renewed annually by June first (1st) at an annual renewal cost of fifty ($50.00) dollars.
D. Tobacco sales permits must be posted conspicuously to the public.
E. The provisions of the bylaw as to the securing of permits shall not be applicable to tobacco vending machines licensed by the Commonwealth of Massachusetts .
Section 4. Prohibited Acts
A. No person, firm, corporation, establishment, or agency shall distribute tobacco or tobacco-related products to minors free of charge or by any method of distribution in connection with a commercial or promotional endeavor within the Town of Concord . Tobacco distribution includes, but is not limited to, product “give-aways,” “cents-off coupons,” “buy one, get one free,” or as an incentive, prize, award or bonus in a game, contest, or tournament involving skill or chance.
B. Tobacco vending machines so located as to not be under the supervision of an adult responsible for their operation are prohibited within the Town of Concord .
C. No person, firm, corporation, establishment, or agency shall sell tobacco products to a minor or permit the purchase by a minor of tobacco products through a tobacco vending machine.
Section 5. Posting
A. All persons, firms, corporations, establishments, and agencies holding a Tobacco Sales Permit or operating a state licensed tobacco vending machine shall conspicuously post the cash register which receives the greatest volume of tobacco sales as follows:
(1) All postings must state that the sale of cigarettes and other tobacco products to persons under age eighteen (18) is prohibited. Such notice must be posted in such a manner as to be readily seen by a person standing or approaching the cash register. 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. All notices shall be at least forty-eight (48) square inches and must use at least two (2) contrasting colors, drawings or pictures as illustrations.
(2) On all other cash registers where the sale of cigarettes or tobacco products are made, there shall be posted a notice no smaller than nine (9) square inches and which includes, at a minimum, the statement that the sale of tobacco products to persons under age eighteen (18) is prohibited.
(3) All tobacco vending machines shall be posted with a notice as outlined in Section 5, A, 2 of this bylaw.
(4) On all cash registers where cigarettes or tobacco products are sold, there shall be posted a notice no smaller than nine (9) square inches which states “Proof of age required upon request to purchase tobacco products.”
Section 6. Violations and Penalties
A. Violations of the bylaw may be enforced as provided by the provisions of Town bylaws relating to “Town Bylaws, Violations of,” including the use of non-criminal disposition.
B. Except where otherwise provided by law, prosecutions for offenses under this bylaw shall be made by a constable, police officer, chief sanitarian of the Board of Health or his agents.
C. Persons, firms, corporations, or agencies selling tobacco without a Tobacco Sales Permit will be subject to fines of two hundred ($200.00) dollars per day.
D. As an alternative to criminal prosecution in some cases, the Board of Health may elect to utilize the non-criminal disposition procedure set forth in the Town of Concord Bylaw entitled “Non-Criminal Disposition of Violations of Town Bylaws.” Each day on which a violation exists shall be deemed a separate offense.
E. Documented sales by permitted establishment to a minor three (3) times within a calendar year will be cause for removal of the Tobacco Sales Permit. All tobacco must be removed from the premises when said permit is removed. Permits removed cannot be reinstated for twelve months following the date of removal.
Section 7. Variance.
A. The Board of Health may vary the application of any provision of these regulations with respect to any particular case when the board finds the enforcement thereof would do manifest injustice; provided that the decision of the board may be appealed in a court of competent jurisdiction. Any variance granted may be in writing with a copy available to the public at all reasonable hours in the office of the Town Clerk and in the office of the Health Department.
Section 8. Separability
A. Each part of these regulations is constructed as separate to the extent that if any section, item, sentence, clause, or phrase is held invalid for any reason, the remainder of the regulations shall continue in full force and effect.
Article 51, Town Meeting, May 1991
Amended by Article 47, Town Meeting, April 1995
Amended by Article 66, Town Meeting, April 2002
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