Office of Community
Development - Health DivisionOffice of Community
Development - Health Division
(A) Sales to Minors. No retailer may sell tobacco products to any person younger than eighteen (18) years of age. Each retailer shall verify by means of photographic identification containing bearer’s date of birth that no person purchasing the product is younger than 18 years of age. No such verification is required for any person over the age of twenty-six (26). Anyone who sells tobacco products to a minor, the store owner or manager and staff known to be in the immediate area of the sale at the time of the sale shall attend a training session on tobacco sales. In conformance with Massachusetts General Laws Chapter 270, Section 6, whoever sells tobacco products to a minor shall be punished by a fine of not less than one hundred dollars ($100.00) for the first offense, not less than two hundred dollars ($200.00) for the second offense, and not less than three hundred ($300.00) for any third or subsequent offense.
If a tobacco retailer fails to attend a training or fails to pay a fine as required by Section VIII (A), the Board of Health shall hold a hearing to determine if the following penalties will be imposed:
prohibit a retail establishment from selling tobacco products by suspending its Tobacco Sales Permit for a period of three (3) days for the first offense, five (5) days for the second offense, and ten (10) days for the third offense;
If a tobacco retailer sells tobacco products to minors on more than three occasions, the Board of Health shall hold a hearing to determine if the following penalties will be imposed:
(1) for selling tobacco products to minors on more than three occasions, prohibit a retail establishment from selling tobacco products for a period of six months by suspending its Tobacco Sales Permit and/or denying the renewal or issuance of a Tobacco Sales Permit, or
(2) for selling tobacco products to minors on five or more occasions, prohibit a retail establishment from selling tobacco products for a period of twelve months by suspending its Tobacco Sales Permit and/or denying the renewal or issuance of a Tobacco Sales Permit.
(B) Posting State Law. In conformance with Massachusetts General Laws, Chapter 270, Section 7, a copy of Massachusetts General Laws, 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. The notice to be posted shall be that notice provided by the Massachusetts Department of Public Health. 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 Massachusetts 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.
The Board of Health or its enforcement officer(s) shall enforce this regulation.
Whoever violates this provision shall be punished by a fine of not more than fifty dollars ($50.00) for the first violation. If the violation is not corrected within seven (7) days of notification, the fine shall be fifty dollars ($50.00) for each day the violation continues. Any person unlawfully removing a copy so posted while said premises are used for the sale of tobacco products shall be punished by a fine of fifty dollars ($50.00).
(C) Self-Service Displays. Self-service displays of tobacco products, from which individual packages may be selected by the customer are prohibited. Tobacco products must be located on, over or behind the check-out counter and must be obtained by the sales clerk. Multipacks or cartons must be within 10 feet and in plain view of the regular location of a person designated to supervise the purchase of tobacco products from the display.
Self-service sales of cigarettes from mobile food units is prohibited.
(D) Sales Personnel. No person or entity selling tobacco products shall allow anyone to sell cigarettes or other tobacco products until such employee reads the Board of Health regulations and state laws regarding sale of tobacco and signs a sworn statement, a copy of which will be placed on file in the office of the Board of Health, that (s)he understands and will uphold the regulations.
(E) Free Distribution/Sampling. No person or entity shall, except at full retail price and with a Tobacco Sales Permit, in or upon any part of the streets, parks, public grounds, public buildings, or other public places within the Town of Lexington distribute any products containing tobacco for any promotional, as a premium in a game or other commercial purpose.
(F) Reduced Pricing. No free or nominal cost tobacco products shall be distributed or sold within the Town of Lexington. No person or entity shall distribute any coupons or vouchers redeemable for tobacco or tobacco products for free or at a nominal cost within the Town of Lexington. Such restrictions shall not apply to coupons in magazines, newspapers, other periodicals or affixed to packaging.
(G) Vending Machines. No person shall install or maintain a vending machine to distribute or sell tobacco products within the Town of Lexington.
(H) Packaging. Sale or distribution of tobacco products in any form other than an original factory-wrapped package is 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 twenty (20) cigarettes.
(I) Penalties. Any person or entity who fails to comply with any of the following sections: (C), (D), (E), (F), (G) AND (H), shall be punished by a fine of not less than one hundred dollars ($100.00) nor more than two hundred dollars ($200.00) per day of violation. Enforcement shall be by the Board of Health or its designees.
SECTION IX PERMITS
(A) No person, firm, corporation, establishment or agency shall sell tobacco at retail within the Town of Lexington without a Tobacco Sales Permit issued by the Board of Health.
(B) An application for a Tobacco Sales Permit shall be filed within 30 days following the effective date of this Board of Health regulation on a form provided by the Lexington Board of Health.
(C) The fee for the annual Tobacco Sales Permit shall be one hundred dollars ($100.00), renewable annually on February 1.
(D) The Tobacco Sales Permit must be posted in conspicuous view of the public.
(E) Each location shall require a separate Tobacco Sales Permit.
(F) Tobacco Sales Permits are non-transferable.
(G) Penalties. Any person, firm, corporation, establishment or agency selling tobacco products at retail without a valid Tobacco Sales Permit shall be punished by a fine of one hundred dollars ($100.00). If the violation is not corrected within seven (7) days of notification, the fine shall be one hundred dollars ($100.00) for each day the violation continues.
From Town of Lexington, Board of Health, Rules and Regulations Relative to the Restriction of Smoking, Sale, Vending and Distribution of Tobacco and Tobacco Products Within the Town of Lexington as amended 6/11/97.