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For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
EMPLOYEE. Any individual who performs services for an employer in return for wages or profit.
EMPLOYER. Any individual, partnership, association, corporation, trust or other organized group of individuals, including the city or any Agency thereof, which regularly uses the services of two or more employees.
INDIVIDUAL. Any employee, volunteer or any other person who patronizes an area where tobacco products are sold.
RETAIL STORE. Any establishment selling goods or articles or personal services to the public.
SELF SERVICE DISPLAY. (Also known as FREE-STANDING DISPLAY). A display from which individual packs or cartons of tobacco products may be selected by a customer.
TOBACCO VENDING MACHINE. Any machine or device designated for or used for the vending of cigarettes, cigars, tobacco or tobacco products upon the insertion of coins, trade checks, swipe cards, slips or any other form of payment.
(CBC 1985 16-40.1; Ord. 1997 c. 1 § I)
(A) Sale to minors. In conformance with M.G.L. 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 18 or, not being his or her 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 division (H) below.
(B) Posting commonwealth law.
(1) In conformance with M.G.L. Chapter 270, Section 7, a copy of M.G.L. 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.
(2) The notice to be posted shall be provided by the commonwealth’s Department of Public Health and made available from the Boston Public Health Commission. 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 4 feet or greater than 9 feet from the floor. For all other cash registers that sell cigarettes, a notice shall be attached which is no smaller than 9 square inches, which is the size of the sign provided by the commonwealth’s Department of Public 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 4 feet or more than 9 feet from the floor.
(C) Permit for location and sales of tobacco.
(1) After the effective date of this Section, the Public Health Commission of the city will issue a “Permit for Location and Sales” only if:
(a) The applicant’s permit is not currently in a term of suspension; and
(b) The applicant is not currently in violation of these Sections or any regulations with any violations left unremedied or any fines left unpaid and such permit will specify the name, address and approved location per the Public Health Commission of the city or their designated Agent(s) for retailers who sell tobacco products.
(2) After the effective date of this Section, all retailers who are required to hold a commonwealth license to sell cigarettes or other tobacco products, will be required to hold and maintain a valid “Permit for Location and Sales” from the city for each location at which tobacco products are sold.
(3) (a) Subsequent to receipt of the permit, the Boston Public Health Commission shall make available and the successful applicant/retailer shall obtain and post in a clear and conspicuous manner signage that states “Sale of cigarettes or any tobacco products to persons under the age 18 is illegal, M.G.L. Chapter 270, Sections 6 and 7. The Boston Public Health Commission shall make available and the successful applicant/retailer shall obtain and post in a clear and conspicuous manner signage that discloses:
1. Current information for reporting violations of the provisions of this Section; and
2. Current referral information about smoking cessation. The Boston Public Health Commission may provide updated signage to retailers during the term of the permit.
(b) Any merchant that does not post the signage required under this Section shall be deemed to be in non-compliance of these provisions and shall be subject to penalties promulgated by the Boston Public Health Commission.
(4) The term of the permit shall be one year.
(5) The fee for a one-year tobacco retailer’s “Permit for Location and Sales” is $100 for each tobacco retail location.
(6) A “Permit for Location and Sales” is nontransferable, except a new permit will be issued to a tobacco retailer who changes locations.
(7) During such time that a “Permit for Location and Sales” of tobacco products has been suspended for violations of this Section, all tobacco products must be removed from the premises. Any person or entity selling any tobacco products without said permit shall be fined according to division (H) below until said permit is reinstated by the Public Health Commission of the city or its designated Agent(s).
(D) Tobacco vending machines. After the effective date of this Section, it shall be unlawful to sell or distribute any tobacco product through a cigarette vending machine or any other device used in the sale or distribution of tobacco products within the city unless said machine:
(1) Is located in a private club or bar licensed by the Licensing Board of the city to sell or serve alcoholic beverages; and
(2) Is equipped with a lock out device, installed in view of the attendant operating such device and posted with a sign not less than 6 inches by 16 inches reading “Attention! This machine is equipped with a lockout device, to purchase a tobacco product, you must first see the person in charge”.
(E) Out-of-package sales prohibited. No person or entity may sell or cause to be sold, or distribute or cause to be distributed, any cigarette package that contains fewer than 20 cigarettes.
(F) Self-service display restrictions. No retailer shall sell or offer for sale tobacco products by means of a self-service display (also known as “free-standing display”) unless such display is in strict compliance with the regulations promulgated by the Office of the Attorney General, specifically including, but not limited to, 940 CMR 21.04.
(G) Sales by employees.
(1) In the event of a prospective purchase of cigarettes or other tobacco products at retail by a person age 26 years old or younger, the employee responsible for completion of the sale shall request and examine photographic identification establishing the purchaser’s age as 18 years or greater as long as such is not in conflict with federal law.
(2) No commercial entity selling tobacco products at retail shall allow any employee to sell cigarettes or other tobacco products until such employee reads the Boston Tobacco Control Ordinance and commonwealth laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the Office of the employer that he or she understands the Section.
(H) Penalties, fines, suspension and/or suspension hearings of permit. It shall be the responsibility of the permit holder and/or individual in charge of the area where tobacco products are being sold to ensure compliance with all Sections of this Section pertaining to their place of business. The permit holder and/or individual in charge of the area permitted for tobacco sales, or persons involved in violation of any of the provisions of this Section may receive.
(1) In the case of a first violation, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section shall receive a fine of $100.
(2) In the case of two violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section, shall receive a fine of $200 and the permit shall be suspended for seven consecutive business days.
(3) In the case of three violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or persons not in compliance with the provisions of this Section, shall receive a fine of $300 and the permit shall be suspended for 30 consecutive business days.
(4) In the case of four or more violations within 24 months, the permit holder and/or individual in charge of the area permitted for tobacco sales, or person not in compliance with the provisions of the Section shall receive a fine of $400 and the permit shall be suspended for 60 consecutive business days and, upon public notice and comment, the permit may be permanently revoked at the sole discretion of the Public Health Commission.
(5) The Public Health Commission of the city shall provide written notice to the permittee of the intent to suspend a Permit for Location and Sales of Tobacco. 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 permittee shall have an opportunity to be heard at such hearing and shall be notified of the Commission’s decision and reasons in writing.
(6) Any permit fees and fines collected under this Section shall be used for enforcement of these regulations or for educational programs on the harmful effects of tobacco products.
(I) Non-criminal disposition.
(1) Whoever violates any provision of this Section, the violation of which is subject to a specific penalty, may be penalized by the noncriminal method of a disposition as provided in M.G.L. Chapter 40, Section 21D or by filing a criminal complaint at the appropriate venue.
(2) Each day on which any violation exists shall be deemed to be a separate offense:
(a) Penalty of $100 for the first offense;
(b) Penalty of $200 for second offense;
(c) Penalty of $300 for third offense; and
(d) Penalty of $300 for the fourth offense in addition to the provisions of division (H) above.
(CBC 1985 16-40.2; Ord. 1997 c. 1 § II; Ord. 1997 c. 6; Ord. 2004 c. 10; Ord. 2011 c. 11)
(A) Enforcement of this Section shall be implemented by the Public Health Commission of the city or its designated Agent(s).
(B) Any citizen who desires to register a complaint of noncompliance under the Section may do so by contacting the Public Health Commission of the city or its designated Agent(s).
(CBC 1985 16-40.3; Ord. 1997 c. 1 § III)
The Public Health Commission of the city shall engage in a continuing program to explain and clarify the purposes and requirements of the Section 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 business and individuals explaining the provisions of this Section. The Public Health Commission of the city shall respond to any requests from tobacco retailers for assistance in training sales personnel.
(CBC 1985 16-40.4; Ord. 1997 c. 1 § V)
(A) Pursuant to M.G.L. Chapter 111, Section 31 and M.G.L. Chapter 111, Section 2-8A, the Boston Public Health Commission of the city is authorized to fix, revise, determine and collect any fees set forth in this Section.
(B) Pursuant to M.G.L. Chapter111, Section 31 and M.G.L. Chapter 111, Sections 2-6B, 2-7(a)(1) and 2-7(a)(15), the Boston Public Health Commission of the city is further authorized to adopt, amend and repeal reasonable health regulations not inconsistent with any public health regulation of the commonwealth’s Department of Public Health or with any other provision of law and to prescribe a penalty for any violation of said regulations according to the nature of the offense.
(C) To the extent this Section conflicts with or is inconsistent with any Boston Public Health Commission regulation, penalty or fee, the Boston Public Health Commission regulation, penalty or fee shall prevail.
(CBC 1985 16-40.5; Ord. 2011 c. 11)
For the purpose of this Section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
AGGRESSIVE MANNER.
(1) Approaching the person being solicited in a manner that is:
(a) Intended to, or is likely to, cause a reasonable person to fear imminent bodily harm or the commission of a criminal act upon property in the person’s possession; or
(b) Intended to or is likely to intimidate the person being solicited into responding affirmatively to the solicitation.
(2) Conduct during soliciting that includes:
(a) Intentionally or recklessly making any physical contact with or touching another person in the course of the solicitation, or approaching within an arm’s length of the person, except with the person’s consent;
(b) Using violent or threatening gestures or profane, offensive or abusive language; or
(c) Intentionally or recklessly blocking or interfering with the safe or free passage of a pedestrian or vehicle.
(3) Closely following or continuing to solicit a person who has been solicited and who has informed the solicitor by words or conduct that such person declines the solicitor’s request.
AUTOMATED TELLER MACHINE. A device, linked to a financial institution’s account records, which is able to carry out transactions, including, but not limited to: account transfers, deposits, cash withdrawals, balance inquiries and mortgage and loan payments.
AUTOMATED TELLER MACHINE FACILITY. The area comprised of one or more automated teller machines, and any adjacent space which is made available to banking customers after regular banking hours.
BANK. Any association or corporation chartered by the commonwealth under M.G.L. Chapter 168, 170, 171 or 172, or an individual, association, partnership or corporation incorporated or doing a banking business in the commonwealth subject to the supervision of the Commissioner of Banks.
BUS SHELTER. A covered structure at a bus stop providing protection against the weather for people waiting for a bus.
BUS STOP. A place on a bus route, usually marked by a sign, at which buses stop for passengers to alight and board.
CHECK CASHING BUSINESS. A location that houses a person or entity engaged in cashing checks, drafts or money orders for a consideration licensed under M.G.L. Chapter 169A.
PARKING GARAGE. A building designed specifically to be for automobile parking.
PARKING LOT. A cleared area dedicated and intended for parking vehicles.
PUBLIC PLACE. Any area or building owned, leased, operated or controlled by or on behalf of any government, municipality, public authority or public corporation in the city which is generally accessible by the public, including, but not limited to, any city street, sidewalk, bridge, tunnel, park, playground, recreation area, cemetery, school or school grounds, building, facility, driveway, parking lot or parking garage and the doorways and entrances to buildings and dwellings.
SIDEWALK CAFÉ. The portion of the public right-of-way kept, used, maintained and held out to the public as a place where food or drink are served for consumption on the premises, or which is used directly in conjunction with a pedestrian pick-up window.
SOLICIT. To request an immediate donation of money or other thing of value from another person, regardless of the solicitor’s purpose or intended use of the item requested. The SOLICITATION may be, without limitation, by the spoken, written or printed word, bodily gestures, signs, performing or offering to perform any service or by other means of communication.
(CBC 1985 16-41.1; Ord. 2013 c.1)
(A) No person shall solicit in an aggressive manner in a public place.
(B) No person shall solicit when the person being solicited is:
(1) In a bus shelter or at a bus stop;
(2) In a parking garage or parking lot;
(3) In a sidewalk café;
(4) In a line and waiting to be admitted into a commercial establishment; or
(5) In a crosswalk.
(C) No person shall solicit within 10 feet of:
(1) An automated teller machine or an entrance or exit of an automated teller machine facility during the time it is available for customers’ use; or
(2) An entrance or exit to a bank or check cashing business during business hours.
(D) No person shall solicit while walking on, standing on or going into any street or highway used for motor vehicle travel, or any area appurtenant thereto (including medians, shoulder areas, bicycle lanes, turning lanes, ramps and exit ramps).
(CBC 1985 16-41.2; Ord. 2013 c. 1)
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