Public Notice

The following updates to the Tobacco Regulations were approved at the regular meeting of the Provincetown Board of Health on May 18, 2006 with a vote of 4-0-0.

PART IX - TOBACCO REGULATIONS

ARTICLE 1 - Tobacco Control Regulations

Public Hearing May 18, 2006

Effective Date May 25, 2006

 

Section 8 – SALE & DISTRIBUTION OF TOBACCO PRODUCTS

A. Permit:

 

(ADD)         vii. The fee for a tobacco sales permit shall be determined by the Provincetown Board of Health.  All such permits shall be renewed annually by December 31.

 

D. Self-Service (Freestanding) Displays:      

 

It has been shown that self-service (freestanding) tobacco displays encourage illegal activity by youth and provide youth with easier access to tobacco products.  The Attorney General regulations ban self-service displays statewide.

 

(ADD) It has been shown that self-service (freestanding) tobacco displays encourage illegal activity by youth and provide youth with easier access to tobacco products.  All self service displays of tobacco products are prohibited.  All humidors including, but not limited to, walk-in humidors must be locked.

 

 

Section 9 – VIOLATIONS AND PENALTIES

1.             A warning shall be issued for a first offense.  A fine of one hundred dollars ($100) may be issued for the second offense, up to two hundred dollars ($200) for a third offense, up to three hundred dollars ($300) for a fourth offense, and up to three hundred ($300) for any subsequent offense; and

 

(ADD) 1. a. In the case of a first violation, a fine of one hundred dollars ($100.00).

 

(ADD) 1. b. In the case of a second violation within 18 months of the date of the current violation, a fine of two hundred dollars ($200.00) and the tobacco sales permit shall be suspended for seven (7) consecutive business days.

 

(ADD) 1. c. In the case of three or more violations occurring within 18 months of the current violation, a fine of three hundred dollars ($300.00) and the tobacco sales permit shall be suspended for thirty (30) consecutive business days or to a time set my the Board of Health.

 

(ADD) 1. d. A violation shall be considered a first violation in cases where no violation has occurred during the previous 18 months, even thought there may be previous violations on record.

 

 

2.             Following the second offense, the Board of Health may, after a public hearing,             suspend any license for that public place for a period of up to two days for each day of             non­compliance or withhold renewal of license. Following a third offense, the Board of Health may suspend an existing permit/license for a period of time determined by the Board of Health until compliance is achieved.

 

(ADD) 2.a. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the tobacco sales permit for thirty (30) consecutive business days.

(ADD) 2.b. In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all board of health issued permits for thirty (30) consecutive business days.

(ADD) 2.c. The Provincetown Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which notice shall contain the reasons therefor 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 or its business agent 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. The Provincetown Board of Health after a hearing, may suspend the tobacco sales permit. All tobacco products shall be removed from the retail establishment upon suspension of the tobacco sales permit.  Failure to remove all tobacco products shall constitute a separate violation of this regulation.

(ADD) 2.d.  Any permit holder who does not pay the assessed fine within twenty-one days from fine issuance may be subject to criminal proceedings.

 

Posted: www.provincetown-ma.gov 5/19/06 2:30 pm dj

Posted in Banner May 25, 2006