ARTICLE VII. - TOBACCO SALES REGULATIONS
Part of the Code of Ordinances of West Warwick, RI.
The text
Footnotes:
--- (2) --- Editor's note— Ord. No. 2024-15, adopted Sept. 17, 2024, amended Art. VII in its entirety to read as set out herein. The former Art. VII §;§10-192—10-200 pertained to tobacco dealer's license and sales regulations and derived from the 1970 Code, §§ 10-179—10-186; Ord. No. 2018-14, adopted May 22, 2018; Ord. No. 2016-15, adopted Feb. 7, 2017; Ord. No. 2017-18, adopted July 11, 2017; Ord. No. 2018-17, adopted June 19, 2018.
Sec. 10-192. - Reserved.#
Sec. 10-193. - Reserved.#
Sec. 10-194. - Definitions.#
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Electronic nicotine delivery system means an electronic device that may be used to simulate smoking in the delivery of nicotine or other substances to a person inhaling from the device, and includes, but is not limited to, an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe or electronic hookah and any related device and any cartridge or other component of such device.
Flavored tobacco product means any tobacco product, other than a cigarette, that contains a constituent that imparts a characterizing flavor.
Noncigarette tobacco product means a tobacco product that is not a cigarette.
Sale means any transfer, exchange, barter, gift, offer for sale or distribution for commercial purposes in any manner or by any means whatsoever.
Tobacco product means: (1)
Any product containing, made or derived from tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed or ingested by any other means, but is not limited to cigarettes, bidi cigarettes, cigars, little cigars, flavored cigars (known as blunts), unflavored blunts, flavored and unflavored blunt wraps, cigarette rolling papers of any size or composition, cigarillos, Tiparillos, chewing tobacco, pipe tobacco and snuff; and
(2)
Any electronic device that delivers nicotine or other substances to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, pipe or hookah or refills for such devices.
Notwithstanding any provision of subsections (1) and (2) of this definition to the contrary, the term "tobacco product" includes any component, part or accessory of a tobacco product, whether or not sold separately. The term "tobacco product" does not include any product that has been approved by the United States Food and Drug Administration for the sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold separately for such an approved purpose.
Vending machine means any mechanical, electric or electronic self-service device which, upon insertion of money, tokens or any other form of payment, dispenses a tobacco product.
(Ord. No. 2024-15, 9-17-2024)
Sec. 10-195. - Purchase, sale or delivery of tobacco products to persons under the age of 21 years.#
Pursuant to G.L. 1956, §§ 11-9-13 and 11-9-14, no person shall sell or deliver tobacco products to a person under 21 years of age, and any violators thereof shall be fined in accordance with G.L. 1956, § 11-9-13. In addition, pursuant to G.L. 1956, § 11-9-14, no person under 21 years of age shall smoke or chew tobacco in any public street or place. Any person found in violation hereof shall be fined in accordance with G.L. 1956, § 11-9-14.
(Ord. No. 2024-15, 9-17-2024)
Sec. 10-196. - Requirements and prohibitions applicable to licensed tobacco dealers.#
(a)
All tobacco products as defined in section 10-194 shall be placed and maintained behind all counters available to the public.
(b)
Tobacco dealers are prohibited from selling, distributing or delivering any tobacco product to any individual who is under the age of 21 years, whether said tobacco product is sold, distributed or delivered in person or via vending machine.
(c)
No tobacco dealer shall sell or possess with intention of selling a tobacco product to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is not under the age of 21 years.
(d)
The price of each tobacco product offered for sale shall be clearly and conspicuously displayed to clearly indicate the price of the product.
(e)
No tobacco dealer shall sell any tobacco product unless such product:
(1)
Is sold in the original manufacturer's packaging intended for sale to consumers; and
(2)
Conforms to all applicable federal labeling requirements.
(f)
No tobacco dealer shall sell as a single cigarette sale or as a sale of cigarettes by the individual piece, known as "loosies."
(g)
No tobacco dealer shall:
(1)
Accept or redeem or offer to accept or redeem any coupon that provides any tobacco product to a person under the age of 21 years without charge or for less than the full retail price.
(2)
Sell any tobacco product to a person under the age of 21 years through a multipackage discount (e.g., buy two, get one free) or otherwise provide any tobacco product to a person under the age of 21 years for less than the full retail price in exchange for the purchase of any other tobacco product.
(3)
Provide any free or discounted item to a person under the age of 21 years in exchange for the purchase of any tobacco product.
(h)
No tobacco dealer shall sell any flavored tobacco product to any person under the age of 21 years. A noncigarette tobacco product is presumed to be a flavored tobacco product if a manufacturer or any of the manufacturer's agents or employees has:
(1)
Made a public statement or claim that the noncigarette tobacco product has or produces a characterizing flavor, including, but not limited to, text and/or images on the product's labeling or packaging that are used to explicitly or impliedly communicate information about the flavor, taste or aroma of a noncigarette tobacco product; or
(2)
Taken action directed to consumers that would be reasonably expected to result in consumers believing that the noncigarette tobacco product imparts a characterizing flavor.
Each tobacco dealer shall maintain on the premises the original labeling and packaging provided by the manufacturer for all tobacco products that are sold or offered for sale by the licensee separately from any original packaging designed for the retail sale to the consumer. The original labeling and packaging from which the contents are sold separately shall be maintained during such times as the contents of the package are offered for sale and may be disposed of upon the sale of the entire contents of the package. This subsection shall not apply ,to a smoking bar as defined in the G.L. 1956, § 23-20.10-2(15).
(Ord. No. 2024-15, 9-17-2024)
Sec. 10-197. - Signs concerning sales to individuals under 21 years of age.#
(a)
All tobacco dealer shall exhibit a sign in red bold lettering, a minimum of three-eighths inches high on a white backboard, with the following wording in both English and Spanish:
(1)
"THE SALE OF CIGARETTES, TOBACCO AND ELECTRONIC NICOTINE DELIVERY SYSTEM PRODUCTS TO PERSONS UNDER THE AGE OF TWENTY-ONE (21) YEARS IS AGAINST RHODE ISLAND LAW (G.L. 1956, § 11-9-13.8(1)). PHOTO ID FOR PROOF OF AGE IS REQUIRED FOR PURCHASE."
(2)
"WARNING: SMOKING CIGARETTES CONTRIBUTES TO LUNG DISEASE, CANCER, HEART DISEASE, STROKE AND RESPIRATORY ILLNESS, AND DURING PREGNANCY, MAY RESULT IN LOW BIRTH WEIGHT AND PREMATURE BIRTH."
(b)
The sign shall also include the telephone number at the department of behavioral healthcare, developmental disabilities and hospitals, where violations of the law can be reported.
(Ord. No. 2024-15, 9-17-2024)
Sec. 10-198. - Enforcement of article; fines and costs.#
(a)
The town police department shall enforce this article.
(b)
All tobacco dealers shall be subject to a compliance check at least once a year, with violators being checked more frequently until two checks are completed without a violation.
(c)
Any tobacco dealer that sells or distributes a tobacco and/or electronic nicotine delivery system product to an individual under 21 years of age or in any form other than an original factory-wrapped package shall be subject to fines as follows:
(1)
A fine of $250.00 for the first violation within any 36-month period.
(2)
A fine of $500.00 for the second violation within any 36-month period.
(3)
A fine of $1,000.00 and a 14-day suspension of tobacco sales the license for the third violation within any 36-month period.
(4)
A fine of $1,500.00 and a 90-day suspension of tobacco sales the license for each violation in excess of three.
(d)
Any tobacco dealer that sells or distributes loosies shall be subject to a fine of $500.00 for each violation.
(Ord. No. 2024-15, 9-17-2024)
Sec. 10-199. - Reserved.#
Sec. 10-200. - Vending machines.#
(a)
No cigarettes or any other tobacco product or electronic nicotine delivery system products shall be sold from any device or vending machine which is in an area not continuously supervised and in the direct line of sight of the tobacco dealer in which the device or vending machine is located, nor shall any tobacco product or electronic nicotine delivery system be sold from any device or vending machine which is in an area supervised by the tobacco dealer unless the device or vending machine is equipped with an electronic locking device which will not allow the device or vending machine to dispense a pack of cigarettes or any tobacco product or any electronic nicotine delivery system product unless it is electronically unlocked from a secured position and accessible to the public and under the supervision of the tobacco dealer. The term "direct line of sight" means that the vending machine and the purchaser of cigarettes or electronic nicotine delivery system must be visible to the tobacco dealer pressing the unlock button while the unlock button is being activated, provided a locking device shall not be required in an establishment to sell alcoholic beverages which limits access to persons over the age of 21 years.
(b)
No cigarettes or any other tobacco product or electronic nicotine delivery system product shall be sold from any device or vending machine from which nontobacco products are sold.
(c)
No cigarettes shall be sold in packs which contain less than 20 cigarettes.
(d)
Any tobacco dealer who shall violate the provisions of this section shall for the first offense be subject to a fine of $75.00, for the second offense to a fine of $150.00, and for a third offense and any subsequent offense to a fine of $500.00, provided that in the event there are no offenses in three successive years from the date of the last offense, then the next offense shall be treated as a first offense.
(Ord. No. 2024-15, 9-17-2024)