§ 417-3. Sale to minors prohibited.

A. 

Sale to minors. In conformance with M.G.L. c. 270, § 6, whoever sells a cigarette, chewing tobacco, snuff or any tobacco product in any of its forms to any person under the age of 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 18, shall be punished according to the fine schedule set forth in Subsection H of this section. Whoever sells a nicotine delivery product in any of its forms to any person under the age of 18 or, not being his parent or guardian, gives a nicotine delivery product in any of its forms to any person under the age of 18 shall be punished according to the fine schedule set forth in Subsection H of this section.

B. 

Posting state law.

(1) 

In conformance with M.G.L. c. 270, § 7, a copy of M.G.L. c. 270, § 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell cigarettes and other tobacco products at retail.

(2) 

The notice to be posted shall be provided by the Massachusetts Department of Public Health and made available from the Southwick Board of 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 readily be 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 feet or more than nine feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached. The notice is provided by the Massachusetts Department of Public Health and is no smaller than nine square inches. The notice shall 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 less than four feet or more than nine feet from the floor.

C. 

Permit for location and sale of tobacco and/or nicotine delivery products.

(1) 

After the effective date of these regulations, the Southwick Board of Health will issue a permit for location and sales that will specify the name, address and approved location per the Southwick Board of Health or its designated agent/s for retailers who sell tobacco and/or nicotine delivery products.

(2) 

After the effective date of these regulations, all retailers who are required to hold a state license to sell cigarettes or other tobacco or nicotine delivery products will be required to hold and maintain a valid permit for location and sales from the Town of Southwick for each location at which tobacco and/or nicotine delivery products are sold.

(3) 

After receiving the permit, the merchant will receive signage that states "Sale of cigarettes or any tobacco products to persons under age 18 is illegal, M.G.L. c. 270, §§ 6 and 7." If the merchant also sells nicotine delivery products, the merchant will receive signage that states "Sale of nicotine delivery products to persons under age 18 is illegal per the Town of Southwick Board of Health's Regulations Limiting Youth Access to Tobacco and Nicotine Delivery Products." Any merchant not posting said signage will be in noncompliance of these regulations and subject to penalties per Subsection H.

(4) 

The term of the permit shall be one year.

(5) 

The fee for a one-year tobacco and/or nicotine delivery products retailer's permit for location and sales shall be determined by the Southwick Board of Health annually.

(6) 

A permit for location and sales is nontransferable, except a new permit will be issued to a retailer who changes locations.

(7) 

During such time that a permit for location and sales of tobacco and/or nicotine delivery products has been suspended for violation of this article, all tobacco and/or nicotine delivery products must be removed from the premises. Any person or entity selling any tobacco and/or nicotine delivery products without said permit shall be fined according to Subsection H until said permit is reinstated by the Southwick Board of Health or its designated agent/s.

D. 

Tobacco and/or nicotine delivery products vending machines. After the effective date of this article, retailers may not use vending machines to sell cigarettes, smokeless tobacco products, or nicotine delivery products except when the machine is located in an adult-only establishment.

E. 

Out-of-package sales. The sale or distribution of tobacco products in any form other than an original factory-wrapped package is prohibited. No person may sell or cause to be sold or distribute or cause to be distributed any cigarette package that contains fewer than 20 cigarettes, including single cigarettes. Packaged, single cigarettes may be sold from vending machines in adult-only establishments.

F. 

Self-service displays. Retailers may not use self-service displays to sell cigarettes, smokeless tobacco products, or nicotine delivery products except when such displays are located in adult-only establishments.

G. 

Sales by employees. All commercial entities, selling tobacco and/or nicotine delivery products at retail, shall be responsible for the training of their employees so that they are knowledgeable about the Southwick Board of Health "Regulations Limiting Youth Access to Tobacco Products and Nicotine Delivery Products" and state laws regarding the sale of tobacco.

H. 

Penalties, fines, suspensions, hearings. It shall be the responsibility of the permit holder or his or her agent to ensure compliance with all sections of these regulations pertaining to their place of business. The permit holder or his or her agent or persons involved in violation of any of the provisions of these regulations shall receive:

(1) 

In the case of a first violation, the permit holder or his or her agent or persons not in compliance with the provisions of these regulations shall receive a fine of $100.

(2) 

In the case of a second violation within a thirty-six-month period, the permit holder or his or her agent or persons not in compliance with the provisions of these regulations shall receive a fine of $200 and the permit shall be suspended for seven consecutive business days.

(3) 

In the case of three or more violations within a thirty-six-month period, the permit holder or his or her agent or persons not in compliance with the provisions of these regulations shall receive a fine of $300 and the permit shall be suspended for 30 consecutive business days.

(4) 

The Southwick Board of Health shall provide written notice to the vendor of the intent to suspend the "Permit to Sell Tobacco and/or Nicotine Delivery Products." The notice shall contain the reasons for the suspension and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven days after the date of said notice. The retailer shall have an opportunity for appeal at the hearing and shall be notified of the Board's decision and reasons in writing. The suspension shall begin the next business day after the hearing.

(5) 

Nonpayment of fines will result in the loss of the vendor's permit for each day of nonpayment.

I. 

Noncriminal disposition. Whoever violates any provision of these regulations, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of disposition as provided in M.G.L. c. 40, § 21D or by filing a criminal complaint at the appropriate venue.