§ 34-312. Violations and penalties; permit suspension.  


Latest version.
  • A. 
    It shall be the responsibility of the permittee and/or the individual in charge of the area where tobacco products or nicotine delivery products are being sold to ensure compliance with all sections of this article pertaining to his place of business. The permittee and/or individual in charge of the area permitted for tobacco or nicotine delivery product sales or person involved in violation of any of the provisions of this article will receive a fine as follows:
    (1) 
    In case of a first violation, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $100.
    (2) 
    In case of a second violation within 24 months of the date of the current violation, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $200 and the permit for site and sale of tobacco products and nicotine delivery products may be suspended for seven consecutive business days.
    (3) 
    In case of a third violation or more violations within two years, the permittee and/or individual in charge of the area permitted for sales or person not in compliance with the provisions of this article shall receive a fine of $300 and the permit for site and sale of tobacco products and nicotine delivery products may be suspended for 30 consecutive business days.
    B. 
    Any person who violates any provision of this article may be penalized by noncriminal disposition pursuant to MGL c. 40, § 21D, and as specified in Chapter 2, Article X, of the City Code or by filing a criminal complaint at the appropriate venue with penalties as set forth in Subsection A of this section.
    C. 
    Refusal to cooperate with inspections pursuant to this section may result in the suspension of the permit for site and sale of tobacco products and nicotine delivery products for 30 consecutive business days.
    D. 
    In addition to the monetary fines set above, any permittee who engages in the sale or distribution of tobacco products or nicotine delivery products directly to a consumer while his permit is suspended may be subject to the suspension of all Board of Health issued permits for 30 consecutive business days.
    E. 
    The City Board of Health shall provide written notice to the permittee of the intent to suspend a permit. 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 the notice. The permittee shall have an opportunity to be heard at such hearing. After a hearing, the City Board of Health may suspend the permit for site and sale of tobacco products and nicotine delivery products if the Board finds that a sale to a minor has occurred. The permittee shall be notified of the Board of Health's decision in writing.