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Tobacco Education

Permits for the Sale of Tobacco

Any person, firm, corporation, establishment or agency wishing to sell tobacco products at retail within the Town of Lexington must obtain a Tobacco Sales Permit issued by the Board of Health. Tobacco product is defined as cigarettes, cigars, pipe tobacco, chewing tobacco, snuff or tobacco in any of its forms. The fee for the annual Tobacco Sales Permit is one hundred dollars ($100.00), renewable annually on February 1. In addition to the application and fee, the permit process also involves each owner/manager having all employees review the Tobacco Regulations Relative to Sales and sign a form stating their review of such regulations. No permit is issued without receipt of the employee statement forms.

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 days (7) of notification, the fine shall be one hundred dollars ($100.00) for each day the violation continues. 

Tobacco Retailers Guide - KNOW THE LAW!

MASSACHUSETTS GENERAL LAW:

It is against the law to sell tobacco to anyone under the age of 18.

Signs must be posted, which state the text of Mass. General Law, Chapter 270, Section 7 (no sales to minors), at each cash register so that approaching customers may see them.

LEXINGTON BOARD OF HEALTH REGULATIONS:

Incorporate state laws:

bulletno sales to minors
bulletsigns posted - no sales to minors

Every employee selling tobacco products must read the laws regarding tobacco sales and must sign a sworn statement that they will uphold the regulations.

Photo I.D. is required for the purchase of tobacco products by anyone under age 27.

The following are prohibited:

bulletself-service displays
bulletfree distribution/sampling
bulletreduced pricing
bulletvending machines
bulletsale of loose cigarettes

Establishments selling tobacco products must have a Board of Health tobacco sales permit.

SALES TO MINORS

Tobacco use is referred to as a "pediatric disease". Over 80% of current smokers began smoking before they were 18. A person who makes it through adolescence without smoking will probably never start.

Young tobacco users do not understand the nature of addiction. They think they will only smoke or chew for a short time. Of smokers aged 12-17, 70% already regret their decision to smoke and 66% state they want to quit.

Help prevent youth addiction and adult disease and death by making it hard for children to get tobacco. Don’t sell to minors. Ask for id.

ASKING FOR I.D.

Photo I.D. is required for anyone under age 27. It is not enough to ask their age. You can not be sure they are telling the truth. Protect yourself. If you sell to a minor, you may be fined.

If a customer becomes upset when you ask for id, tell them you’re sorry for the inconvenience. Remind them that you are simply doing your job. It is against the law to sell to minors!

CHECKING THE I.D.

Check the picture. Does it match the person who handed it to you?

Check the date of birth. In 1999, the person must be born on today’s date or sooner in 1981. In 2000 it will be 1982.

Look for fake id’s. Look for erasure marks or other alterations. Feel for bumps or splits in the lamination.

What are the penalties for selling to minors?

If you sell to a minor, the following penalties may be assessed:

FINES - The sales clerk and store may be fined not less than $100 for the first offense, $200 for the second, and $300 for the third or subsequent offense.

SUSPENSION OF THE TOBACCO SALES PERMIT - The store could be prohibited from selling tobacco for three days for the first offense, five for the second, ten for the third, and six months for subsequent offenses.

What if a minor says they are buying cigarettes for a parent?

Do not make the sale. A parent can not send a child in to buy tobacco for them, even if the parent is waiting outside.

What if a minor has a note from a parent giving you permission to sell to their child?

Do not make the sale. Parents can not allow stores to sell to their children. 

Tobacco sales to minors are illegal.

DON’T HELP KIDS START!

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