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16-35.7   Penalties and Enforcement.
   (A)   The Boston Board of Health, having received a written and signed letter of complaint from an employee citing a violation of this Section, must enforce, within 30 days, the entire Section against violations by either of the following actions:
      (1)   Serving written notice to comply to an employer, with a copy of the notice to the complaintant, requiring the employer to correct, within 30 days, any violation of any Section of this Subsection. The employer must also be sent a copy of this Section at the time notice is served. Upon receiving a second signed complaint at the Boston Board of Health for the same or continued violation by the same employer, and failing all other attempts by the Boston Board of Health to expeditiously; and
      (2)   Within 30 days, mediate the complaint, the complaint must be resolved by calling upon the attorney for Boston to maintain promptly an action for injunction to enforce the provisions of this act, to cause the correction of such violation of Section, and for assessment and recovery of a civil penalty for such violation.
   (B)   An employer who violates this act shall be liable for a civil penalty, not to be less than $50 or exceed $300, which penalty shall be assessed and recovered in a civil action brought by the attorney for Boston in any court of competent jurisdiction.
   (C)   In undertaking the enforcement of this Section, the city is assuming an undertaking only to promote the health and general welfare of the working public. It is not assuming, nor is it imposing on its officers and employees, an obligation for breach of which it is liable in money damages to any person who claims that such breach proximately caused injury.
   (D)   Any revenues accumulated from violations of this Section should be used only to increase the public awareness of this Section or for public health programs related to this issue and not reverted to the city’s General Fund.
   (E)   If any provision of this Section is invalid or unenforceable by a court of competent jurisdiction, the other provisions of the act shall not be affected thereby, but shall continue in full force and effect.
(CBC 1985 16-35.7; Ord. 1993 c. 3)
16-36   CIGARETTE SALES BY VENDING MACHINES RESTRICTED.
16-36.1   Regulations.
   All sales of cigarettes by vending machines within the city shall be prohibited unless:
   (A)   The vending machine is located within the immediate vicinity, plain view and control of a responsible employee, so that all purchases are observable and controllable as if cigarettes were sold over the counter;
   (B)   The vending machine must not be located in a coatroom, restroom, unmonitored hallway, outer waiting area or similar unmonitored area and must be inaccessible to the public when the establishment is closed;
   (C)   The vending machine is equipped with a lock-out device approved by the Board of Health. Said device shall lock-out sales from vending machines unless an employee releases the locking mechanism. The release mechanism must not allow continuous operation of the vending machine and must not be accessible to customers. Vending machines shall be posted with a sign stating that the machine is equipped with a lock-out device and identifying the person(s) to contact to purchase cigarettes from the machine;
   (D)   All cigarette vending machines must display a conspicuous sign stating that it is illegal for minors to purchase cigarettes; and/or
   (E)   The use of the premises is restricted to persons over the age of 18.
(CBC 1985 16-35.1; Ord. 1993 c. 9) Penalty, see Subsection 16-36.3
16-36.2   Enforcement.
   The Board of Health or its Enforcement Officer(s) shall enforce these regulations.
(CBC 1985 16-36.2; Ord. 1993 c. 9)
16-36.3   Violations and Penalties.
   (A)   Any person or corporate entity selling tobacco to any person under age 18 shall be punished by a fine of not less than $100 for the first offense, not less than $200 for the second offense and not less than $300 for any third and subsequent offense.
   (B)   Any person or corporate entity selling tobacco to any person under age 18 three times within 12 months shall be cause, after public hearing, for the suspension of the license to sell tobacco. All tobacco must be removed from the premises when said license is suspended. Licenses suspended cannot be reinstated for one calendar year following the date of removal.
(CBC 1985 16-36.3; Ord. 1993 c. 9)
16-36.4   Severability.
   If any of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
(CBC 1985 16-36.4; Ord. 1993 c. 9)
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