Town of Marshfield, MA - Tobacco Control Regulations

TOWN OF MARSHFIELD

Town of Marshfield

The Marshfield Board of Health, acting under the authority of the Massachusetts General Laws, Chapter 111, Section 31, and any other applicable authority hereby adopts the following regulations to protect the public health of the community.

Finding and Purpose

Tobacco use is a leading public health problem in the United States. There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies and irritations to the eyes, nose and throat of both the smoker and non-smoker exposed to secondhand smoke. Tobacco smoke is the third leading preventable cause of death and disease to non-smokers; over 53,000 individuals die each year as a result of chronic exposure to environmental tobacco smoke (ETS) while millions more (especially children) experience serious health problems resulting from involuntary exposure to ETS.

More than 80% of all smokers begin before age eighteen and more than 3,000 people begin smoking every day in this nation. Tobacco use by minors is a continuing problem with grave public health consequences. In recognition of the Surgeon General's conclusions that nicotine is as addictive as cocaine or heroin, action is needed to curtail the easy access of tobacco products to minors.

Therefore, these regulations are adopted to protect the public health of the community, guarantee the right of non-smokers to breathe smoke-free air and implement a strict and enforceable system to prevent access to and the illegal sale of tobacco products to minors.

The following words and phrases, whenever used in this article, shall be construed as defined in this section:

Bar means a counter where patrons are seated and which is primarily dedicated to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.

Board of means the Marshfield Board of Health.

Business means any sole proprietorship, partnership, joint venture, corporation or other business entity formed for profit-making purposes, including retail establishments where goods and services are sold as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional and commercial services are delivered.

Employee means any individual who performs services for an employer in return for wages or profit.

Employer means any individual, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Marshfield or any agency thereof, which regularly uses the services of two (2) or more employees.

Enclosed means a space bound by walls and under a roof.

Enclosed Area means all space between a floor and ceiling which is enclosed on all sides

by solid walls and windows (exclusive of door passageways) which extend

from the floor to the ceiling including all space therein screened by

partitions which do not extend to the ceiling or are not solid, office

landscaping or similar structures.

Individual means any employee, volunteer or any other person who patronizes an area where tobacco products are sold.

Indoor Sports means any sports pavilion, gymnasium, health spa, boxing arena,

Arena swimming pool, roller or ice rink, Bowling alley, or other similar place

where members of the general public assemble to engage in physical

exercise, participate in athletic competition or witness sports events.

Lounge means an area, which contains tables and is primarily dedicated to the

serving of alcoholic beverages and in which the service of food is only

incidental to the consumption of such beverages.

Municipal means any enclosed indoor area that is located in a building owned or

Building occupied by a department or agency of the Town of Marshfield.

Municipal means any vehicle owned or operated by the Town of Marshfield,

Vehicle without limitation, cars, trucks and buses.

Nonsmoking means any area that is designated and posted by the proprietor or person

Area in charge as a place where smoking by patrons, employees or others is prohibited.

Permit for means any sole proprietorship, partnership, joint venture, corporation or

Location other place of business including retail establishments and bars that have

& Sale been given a permit by the Town of Marshfield Board of Health regulating the location and sale of tobacco products in the Town of Marshfield.

Private Social means a social gathering associated with a single purpose not open to the Function public and under the control of the host, hostess, proprietor or manager

(i.e. wedding reception).

Public Place means an enclosed, indoor area when open to and used by the general public, including but not limited to the following facilities: licensed childcare locations; elevators accessible to the public; clinics and nursing homes; inns, hotel and motel lobbies, stairwells, halls, entrance ways, and public restrooms; libraries; schools; municipal buildings; museums; retail stores; retail food establishments; indoor sports arenas; theaters, auditoriums; public transit facilities; and any rooms or halls when used for public meetings. A room or hall used for a private social function in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public place. A private residence is not a public place unless it is used as a childcare or health care facility

Restaurant means any establishment serving food for consumption on the premises, which maintains tables for the use of its customers. This includes cafeterias in the workplace.

Retail Food means any establishment commonly known as a supermarket or grocery

Establishment store in which the primary activity is the sale of food items to the public for off-premise consumption.

Retail Store means any establishment selling goods or articles or personal services to the public and shall include such places as barber shops, beauty salons and tanning salons.

Retail Tobacco means a retail store utilized primarily for the sale of tobacco products

Store and accessories and in which the sale of other products is merely incidental.

Seating means that capacity designated on the certificate of inspection (issued by

Capacity the Building Department) of a restaurant, theater, or sports arena.

Self-service (also known as: free standing display) means a display from which

Display individual packets or cartons of tobacco products may be selected by a customer.

Smoking means the lighting of any cigar, cigarette, pipe or other tobacco product or having possession of any lighted cigar, cigarette, pipe or other tobacco product.

Workplace means any area within a structure or portion thereof at which two (2) or more employees perform services for their employer. It also includes employee lounges, restrooms, conference rooms, hallways, stairways, and entranceways. A private residence is not a workplace unless it is used as a childcare or health care facility.

Tobacco Sales to Minors Prohibited

A. Sale to Minors

Massachusetts General Laws 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, snuff, 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 ($100.00) for the first offense, not less than two hundred dollars ($200) for the second offense, and not less than three hundred dollars ($300.00) for any third or subsequent offense.

B. Posting State Law

In conformance 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. The notice to be posted shall be provided by the Massachusetts Department of Public Health. Such notice shall be at least 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. 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. 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 or the Marshfield Board of Health. 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. 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.

* The Marshfield Board of Health or its enforcement officer(s) shall enforce this regulation.

* Whoever violates this provision shall be punished by a fine of not less than twenty-five dollars ($25.00). Any person unlawfully removing a copy so posted while said premises are used for the sale of cigarettes shall be punished by a fine of ten dollars ($10.00).

C. Identification Required

No retailer shall sell or permit to be sold cigarettes or other tobacco products to an individual without requesting and examining identification establishing the purchaser's age as eighteen (18) years or greater unless the seller has some other conclusive basis for determining the buyer's age.

D. Permit for Location and Sales of Tobacco

* After June 1, 1996, the Marshfield Board of Health will issue a "Permit for Location and Sales" that will specify the name, address, and approved location per the Marshfield Board of Health or their designated agent(s) for retailers who sell tobacco (including tobacco vending machines) products.

* After June 1, 1996, all retailers who sell cigarettes or other tobacco products, will be

required to hold and maintain a valid "Permit for Location and Sales" from the Town of

Marshfield Board of Health for each location at which tobacco products are sold.

* After receiving the permit, the merchant will receive signage that states "Sale of

cigarettes or any tobacco product to persons under age eighteen (18) is illegal, M.G.L.

Chapter 270, Sections 6 & 7." Any merchant not posting said signage will be in non-

compliance of this regulation and subject to penalties per the Section VII B of this

* The term of the permit shall be one year if the licensee complies with the provisions of

* The fee for a one year tobacco retailer's "Permit for Location and Sales" is fifty dollars

($50.00) for each tobacco retail location.

* A "Permit for Location and Sales" is non-transferable, except a new permit will be

issued to a tobacco retailer who changes locations and has shown compliance pertaining

to the provisions of this regulation.

E. Out-of-Package Sales Prohibited

It is contrary to public health to remove and commercially sell single cigarettes from the manufacturer's package, which states the federally required health warnings. Commercial sale and/or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited.

F. Self-Service Displays

All Self-service displays (also known as freestanding displays) of all tobacco products, from which any tobacco product may be selected are prohibited. Effective date January 1, 2001.

Vending Machines

Cigarette vending machines or any other device used in the sale or distribution of tobacco products can only be located in businesses that have liquor licenses. These vending machines must be located within the immediate vicinity and control of personnel such that all purchases are observable by employee(s) controlling the lockout device. Signs stating that minors are not permitted to purchase tobacco and notifying customers of the lockout device must be posted. Effective January 1, 2001.

H. Sales by Employees

No commercial entity selling tobacco products shall allow any employee to sell cigarettes or other tobacco products until such employee reads the Marshfield Board of Health's regulations and state laws regarding the sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the employer, that he/she understands and will uphold the regulations.

I . Penalties, Fines, Suspension and/or Revocation of Permit

In the case of the first violation, the holder of the permit shall be issued a written warning and

shall be required to have all of the employees of the establishment directly involved in the sale of

tobacco products, attend a tobacco sales educational program. In the case of a second violation

within a 2-year period, the holder of the permit shall have the “permit for location and

sales” suspended for a period of seven (7) consecutive days, such action to occur

Seventy-two (72) hours after said hearing in which the Board of Health affirms its action. In the case

of a third violation and any subsequent violations, in a two year period, the permit holder shall have

the "permit for location and sales" suspended for thirty(30)days to one (1) year, such action to occur

seventy two hours after said hearing in which the Board of Health affirms the action. In the

case of a fourth violation, and any subsequent violation, within any 4 year period, the permit

holder shall have the “permit for location and sales” suspended for thirty (30) days to one (1)

year, such action to occur seventy two hours after said hearing in which the Board of Health

The Marshfield Board of Health may suspend a tobacco sales permit granted pursuant to this regulation upon determination that a permit holder has committed two (2) violations of this regulation within twenty-four months, calculated from the date of the first offense. The Marshfield Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which notice shall contain the reasons therefore and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health’s decision, and the reasons therefore in writing. All tobacco products shall be removed from the premises upon suspension or revocation of the tobacco sales permit. Failure to remove all tobacco products shall constitute a separate violation of this regulation.

Any permit holder who does not have an appeal pending and does not comply with a suspension order may be subject to a revocation of the tobacco sales permit granted pursuant to this regulation. The Marshfield Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which notice shall contain the reasons therefore and establish a time and date for a hearing, which date shall be no earlier than seven (7) days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board’s decision and the reasons therefore, in writing. All tobacco products shall be removed from the premises upon suspension or revocation to the tobacco sales permit. Failure to remove all tobacco products shall constitute a separate violation of this regulation.

Effective date January 1, 2001.

Enforcement of this regulation shall be implemented by the Town of Marshfield Board

of Health or its designated agent(s).

Any citizen who desires to register a complaint of noncompliance under this Chapter may do so in writing to the Town of Marshfield Board of health or its designated agent(s).

Any individual aggrieved by the willful failure or refusal of any person to comply with the provisions of this regulation may complain in writing to the permit holder and/or individual having control of the area in which the violation takes place. Any permit holder and/or individual having control of the area shall respond in writing within fourteen (14) working days to the complainant that he/she has investigated the complaint and has enforced the provisions of this regulation as provided herein.

Any owner, manager, operator, employee or individual may inform person(s) violating this regulation of the appropriate provisions, thereof.

The Marshfield Board of Health may, after a public hearing, vary the application of any provision of these regulations for a period of one (1) year with respect to any particular case when the Marshfield Board of Health finds the enforcement thereof would do manifest injustice.

Every request for a variance shall be made in writing on a form provided by the Marshfield Board of Health and shall state the specific variance sought and the reasons thereof. The fee for a variance request shall be determined by the Marshfield Board of Health. Notice of a variance request must be published in a local newspaper at least two weeks before the scheduled date of the public hearing at the applicant's expense.

Any variance granted must 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 Marshfield Board of Health. Any variance granted must be posted on the premises in a prominent location for the duration that the variance is in effect.

Other Applicable Laws

These regulations shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety or fire codes regulations or statutes.

No person or employer shall discharge, refuse to hire or in any manner retaliate against an employee or applicant for employment because such employee or applicant exercises any right to a smoke-free environment afforded by this Article.

Public Education

The Marshfield Board of Health shall engage in a continuing program to explain and clarify the purposes and requirements of the regulations to citizens affected by it, and to guide owners, operators and managers in their compliance with it. Such program may include publication of a brochure for affected businesses and individuals explaining the provisions of this regulation. The Marshfield Board of Health shall respond to any requests from tobacco retailers for assistance in training sales personnel.

If any provision, clause, sentence or paragraph of this Article or the application thereof to any person or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this article which can be given effect without the invalid provision or application, and to this end the provisions of this Article are declared to be severable.

June 1, 1996, except where otherwise noted.

Revisions effective January 1, 2001.

Revised fee effective April 22, 2002

Penalties / Fines Updated by Board of Health October 2005

Approved by the Marshfield Board of Health January 29, 1996.