Sec. 50-9. - Tobacco products, vending to underage persons.

(a)

Purchase, sale or delivery of tobacco products to persons under 18.

(1)

In accordance with G.L. § 11-9-13.1, no person under 21 years of age shall purchase nor shall any person, firm or corporation sell, give, allow to be sold, given or delivered to any person under 21 years of age, any tobacco in the form of cigarettes, cigars, pipe tobacco, chewing tobacco, or snuff, except that persons under 21 years of age may purchase tobacco products for the purpose of law enforcement or government research involving monitoring compliance with this section, providing that the persons under 21 years of age are supervised by an adult law enforcement official.

(2)

Any person, firm or corporation that holds a state issued retail tobacco products dealer's license shall prominently display for public view at each cash register and vending machine within the outlet where tobacco products are sold, a sign referring to the age restriction for the sale of tobacco products to individuals.

(3)

No person under 21 years of age shall misrepresent his or her age through the presentation of false identification for the purpose of purchasing or receiving tobacco products.

(b)

Regulating the operation of cigarette and tobacco vending machines.

(1)

Any device or vending machine dispensing cigarettes or any other tobacco product shall be registered by the town. The registration shall be issued upon application therefore to the town clerk. Failure to register shall constitute a violation of this section.

(2)

No cigarettes, nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine that is in an area not continuously supervised and in direct line of sight of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located, nor shall any tobacco product, nor electronic nicotine-delivery system product be sold from any device or vending machine that is in an area supervised by such an authorized person unless the device or vending machine is equipped with an electronic locking device that will not allow the device or vending machine to dispense a pack of cigarettes, or any other tobacco product, or electronic nicotine-delivery system product unless it is electronically unlocked from a secured position inaccessible to the public and under the supervision of an authorized person employed by the person, firm, or corporation that owns the business occupying the premises in which the device or vending machine is located. "Direct line of sight" means that the vending machine and the purchaser of cigarettes or electronic nicotine-delivery system product must be visible to the authorized person pressing the unlock button while the unlock button is being activated. Provided, a locking device shall not be required in an establishment licensed to sell alcoholic beverages that limits access to persons over the age of 21 years.

(3)

No cigarettes nor any other tobacco product, nor electronic nicotine-delivery system product shall be sold from any device or vending machine from which non-tobacco products are sold.

(4)

No cigarettes shall be sold in packs which contain less than 20 cigarettes.

(c)

Penalty.

(1)

Any person, firm, or corporation who or that owns a business occupying the premises in which a device or vending machine that dispenses cigarettes, or any other tobacco product or electronic nicotine-delivery system product is located who or that shall violate any of the provisions of subsections 50-9(a) or (c) of this ordinance shall for the first offense be subject to a fine of $75.00, for the second offense, be subject to a fine of $150.00, and for the third and any subsequent offense, be subject to a fine of $500.00; provided, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.

(2)

Any person, firm, or corporation who or that shall violate subsection (b)(4) of this ordinance shall, for the first offense, be subject to a fine of $75.00, for the second offense, be subject to a fine of $150.00, and for the third and any subsequent offense, be subject to a fine of $500.00; provided, that in the event that there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as the first offense.

(Ord. of 11-13-01; Ord. of 7-25-11, § 10; Ord. of 4-24-23(2))

Cross reference— Tobacco, ch. 7.