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MEETING PACKET NOVEMBER 2010 CITY OF SALEM, MASSACHUSETTS BOARD OF HE"AL;1T1 120 WASi ING`ON S'.[1tr..r 4 , Fi.oOR Tr.i,.(978)741-1800 KIMBERLEY DRISCOLL F.A .(978)745-0343 MAYOR DG2EIEiNBAU1v @SA].LM.COM DAVID GREFiNBAUM,RS ACTING Hl_.AI:;If I AGENT November 9, 2010 Mrs. Cheryl LaPointe City Clerk City Hall Salem, MA 01970 Dear Mrs. LaPointe: Oe Board of Health regular meeting scheduled for November 9, 2010 has been cancelled because there are not enough board members available for a quorum. Sincerely, FOR THE BOARD OF HEALTH David Greenbaum, Acting Health Agent DG/hl cc: Mayor Kimberley Driscoll Dr. Barbara Poremba, Chairperson of the Board of Health and Members Emailed to: City Councillors Jane Guy, Planning • CITY OF SALEM, MASSACHUSETTS BOARD or�HE NLTH • 1.20 WA,'HINGTON STREET,4:"" FLOOR TEL. (978) 741-1800 20118 NVIII --2 A 9: 31 KIMBERLEY DRISCOLL f"'AX(978) 745-0343 MAYOR DGR I'A-N BAL1NJQSA]j ary CILH DAN711) G1t1`1`,NBi\(j,11,RS A(,,,['IN(; 14r,vull I AGUINT NOTICE OF MEETING You are hereby notified that the Salem Board of Health will hold its regularly scheduled meeting on Tuesday,November 9, 2010 at 7.00 PM at City Hall Annex, 120 Washington St. Room 311, MEETING AGENDA 1. Call to order 2. Approval of Minutes from October 12, 2010 3. Chairperson Announcements 4. Public Health Announcements/Reports/Updates a. Health Agent b. Public Health Nurse c. Administrative d. Councilor Liaison 5. Discussion regarding updates to the Youth Access Tobacco Control Regulation—Joyce Redford, Director of North Shore Tobacco Control Program and DJ Wilson of the MA Municipal Association will be available to answer questions. 6. Miscellaneous 7. Executive Session—Personnel Matter 8. Adjournment Next regularly scheduled meeting is December 14, 2010 at 7pm at City Hall Annex, 120 Washington Street oom 311 i g Cal Sz X fs 'David G en au Acting Health Agent • Cc: Mayor Kimberley Driscoll, Board of Health, City Councilors . i CITY OF SALEM f BOARD OF HEALTH MEETING MINUTES October 12, 2010 • DRAFT MEMBERS PRESENT:Dr. Barbara Poremba, Chairperson, Kemith LeBlanc, Martin Fair, &Gayle Sullivan OTHERS PRESENT: David Greenbaum, Acting Health Agent, Councillor Liaison Thomas Furey& Jennifer Keough, Code Enforcement Officer MEMBERS EXCUSED: Marc Salinas, Dr. Larissa Lucas TOPIC DISCUSSION/ACTION 1. Call to Order Meeting called to order by Dr. Poremba, Chair, at 7:00pm. 2.Minutes of Last Meeting Unanimously approved with corrections (Sept 14, 2010) 3. Chairperson Announcements None presented 4.Monthly Reports-Updates A. Administrative Report Presented and approved. Copy available in office B. Public Health Nurse Presented and approved. Copy available in office • Report C. Acting Health Agent Presented and approved. Copy available in office Report D. City Council Liaison None presented. Updates 5.New Business A. Variance Request for Jin Lee of Food Service Solutions and Sandy Lee of Lim & Acidification of Rice—East Associates presented on behalf of the owner and presented a HACCP Sakura plan for the acidification of rice(copies available in office). Mr. Lee stated that test strips will be used to test the ph of rice used for sushi. A log sheet and color chart would be on site. M.Fair suggests that a ph meter be also used to more accurately confirm test strip results. Motion by M. Fair: to grant the variance for acidification of rice with the requirement that a ph meter be on site to insure confirm accuracy of test strip results. 2nd 3 in favor, 0 opposed(Chair abstains as per usual custom) Motion Passes D. Greenbaum provided introductory remarks for hearing and photos . Hearing— 19 Linden Street trash violations of property showing trash violations (copies of all available in office). On March 19, 2010 a complaint was received in the Board of Health office regarding trash violations in the rear of 19 Linden Street. An initial inspection was conducted on March 16, 2010 with re-inspections on April 7, 8,and 14, 2010. After discussions with the owner it was agreed that the property would be cleaned in 30 days,, On July 30, 2010 a re-inspection was conducted and the area was partially cleaned. On August 19, 2010 additional complaints regarding the conditions in the rear of 19 Linden Street were received in the Board of Health office. Based upon those complaints an additional inspection was conducted and a subsequent order was • issued. Mr. Dragon requested a hearing in front of the Board to appeal the most recent order. Due to the amount of debris including cinder blocks, bricks, asphalt, fencing and yard waste and the complaint of rodents, skunks and raccoons it was determined that these conditions created a public health nuisance and the area would need to be cleaned to abate this nuisance. D. Greenbaum—Half the fence blew down in a wind storm in February 2010.That part of the fence was removed and has not been replaced. D Greenbaum believes that there was a retaining wall on the property at one point because of the railroad ties that are still on the property. There are more materials at 19 Linden St. than just concrete and cinderblocks. According to complaints it has created a harborage for rodents and is a public health nuisance. In the opinion of the office and the board of health staff the remaining debris needs to be removed. The staff has worked with Mr. Dragon and his neighbors over the last six months to try and rectify the trash issue. Richard Dragon,father of property owner, stated that the trash was not disposed of by the property owner; however, he has removed 4 dumpsters of material at a considerable expense. Mr.Dragon did not state the cost. He believes that the condition is now satisfactory and is appealing the order from the health department requiring further cleanup. He argued that, according to the state building code • article 33-11.1, a retaining wall would have to be built in order to further clean out the area that D. Greenbaum wants clean. There was a fence previously but only part remains and is in disrepair and he has no plan to replace it. Mr. Bill Coombs, 17 Linden St is a neighbor and property owner for 34 years. He stated that he is a certified sanitarian and worked in NY. He states that the property has been cleaned and is acceptable. The dirt and cinderblocks that remain are not, in his opinion, a public health issue. Erin Higgins 270 Lafayette St stated that condition of 19 Linden Street is affecting the property value of the abutters& is creating a harborage for rodents and skunks. John Ronan, 274 Lafayette Street, Ward S Councilor and property owner since 1991 states he has a view of 19 Linden Street from his house. He state the fence has been in the same location and collapsed because of debris and materials from 19 Linden Street. He stated he has witnessed a family of skunks living in the debris. He supports the health departments request for further cleanup. Councillor Ronan would be willing to help put the fence back up along with his neighbors at 270 Lafayette Street when the property is • adequately cleaned up. Joe Hannon 270 Lafayette Street Unit 2 stated that the debris was originally 3 feet high. He confirms that Mr. Dragon has taken a lot of debris out but there is still more that needs to be removed. There is a mesh type fence underneath all the leaves that have been dumped in the back of this property and it is not solid ground. Lauren Purtell, 270 Lafayette Street, Unit 1, stated that this has been a public health issue for some time. She stated she has • seen raccoons, rodents & skunks on his property. Dr. Poremba asked D. Greenbaum when these photos were taken, if there any earlier or other photos and if the fence was replaced would this resolve any public health concerns. She also asked if there was any physical evidence of any raccoons, skunks or rodents such as nesting or tunneling. D. Greenbaum stated that the photos given to the board were taken on August 26,2010. He had earlier photos taken sometime in May before the partial clean up of 19 Linden St. and presented them to the board for review. He did not have any photos of those areas that had been satisfactorily cleaned. He stated that a fence would not eliminate the nuisance. He was unable to identify any evidence of rodents, etc because of the conditions of the soil and debris. Jennifer Keough, Code Enforcement Officer stated that she concurred with D. Greenbaum's presentation of the issues. The board discussed the pertinence of the issues to public health. They concurred that issues regarding fencing and retaining walls were not appropriate for the BOH. They were • impressed with the extent of clean up Mr. Dragon had done. They were unsure about what materials, if any, that remained would be considered a public health nuisance. They consulted the Mass State Law 105 CMR 410.602: Maintenance of Areas Free From Garbage and Rubbish(A) Land: The owner of any parcel of land, vacant or otherwise, shall be responsible for maintaining such parcel of land in a clean and sanitary condition and free from garbage, rubbish, or other refuse. The owner of such parcel of land shall correct any condition caused by or on such parcel or its appurtenance which affects the health or safety and well-being of the occupants of any dwelling or of the general public. The board considered that if further cleanup was required there must be specific criteria to evaluate what is a"satisfactory cleanup". Since D. Greenbaum stated he had already approved other areas as satisfactory, that the criteria should be the same as for that area. Dr. Poremba asked D. Greenbaum to take photos in the next week to document the current condition of both areas as the standard. In specific, the board wanted the mesh fencing, asphalt, bricks, yard waste and-any other debris • removed so that the area in question will match the area already approved. Motion by G. Sullivan: to require Mr.Dragon to do some additional cleanup include removal of mesh type fencing, asphaall, bricks, yard waste and all other debris be removed to comply with the order sent by D. Greenbaum in accordance with the �1 State Sanitary Code. The portion that needs to been cleaned within 30 days and should match the portion that was previously cleaned and approved as evidenced by new before and after • photos. 2"d 2 in favor, 1 opposed (Chair abstains per usual custom) Motion passes. Austin Turner, Project Engineer and Atty. Correnti presented the proposed project for 460, 462, 440& 488 Highland Avenue. C. Lowe's-Wal-Mart Project—460, 462 440& Storm water drainage was discussed and a design is under peer 488 Highland Avenue review. Mr.Turner had been working with Lynn Water and Sewer Commission, neighbors and state representative on this issue. The board reviewed the Possible Conditions (copy available at BOH office). Removed#6 & 7 and additional language was added to#14. Motion by M. Fair: to approve project with conditions. 2°d 3 in favor, 0 opposed (Chair Abstains per usual custom) Motion passes Donald Seaberg of Benchmark Engineering and Lawrence Shore, President, US Biological presenting plans for US Biological. D. US Biological—Traders Way Company is relocating from Marblehead to Salem. This business is distributor, packager and small manufacture of laboratory reagents including proteins, antibodies, stem cell culture and ELISA kits. The products manufactured are not hazardous. The building is 43,000 sq ft and will be 2 stories. At this time the company will only use half of the building with a • possibility of expansion or rental in the future. Motion by G. Sullivan: to approve the project subject to the standard conditions Remove#6, #7 and#18. 2°d 3 in favor, 0 opposed (Chair abstains as per usual custom) Motion passes. 8. Executive Session-Personnel Matter MEETING ADJOURNED: 10:10 P.M. Respectfully submitted, Heather Lyons Clerk of the Board i Next regularly scheduled meeting is November 9, 2010 at 7pm At City Hall Anne., 120 Washington Street,Room 311 Salem. Acting Health Agent Report October 2010 Meetings/Trainings 1. Attended a meeting with the Finance Department to discuss the creation of a revolving account for reimbursements from Medicare B for the administration of the flu vaccine and DOT activities. 2. Attended a Halloween and Haunted Happenings meeting in the Mayors office. Discussed plans for the final week of October. 3. Attended the City Council meeting on October 21, 2010 to discuss the City Noise Ordinance relevant to landscaping equipment. 4. Attended the Mayors monthly department head meeting. The Mayor updated department heads on important business for the City, including the purchase of the Blaney Street pier, and a grant the City received to study how to reconfigure the intersection at Washington, Dow and Lafayette Streets. Significant Communication or Complaints from Residents NONE Inquiries or Reports from the Media NONE Other Public Health Information • Upcoming Flu Clinics: 1. November 4, 2010 at 120 Washington Street for 3-6 2. November 18, 2010 at the NSCHC from 4-8 • The City of Salem Building department is working to stream line building demolition requirements for all city departments. Attached is a draft of Board of Health requirements for the demolition of buildings for review by the Board. • DRAFT SALEM BOARD OF HEALTH BUILDING DEMOLITION REQUIREMENTS Prior to issuance of a building permit to demolish a structure, the contractor must comply with the following requirements of the Salem Board of Health: 1. The applicant shall employ a licensed pesticide applicator to exterminate the building and property prior to demolition. The applicant shall send copy of the exterminators invoice to the Board of Health. The applicant shall be responsible for abatement measures throughout the demolition process. • 2. The property must be inspected for asbestos and a copy of a Licensed Asbestos Inspectors report must be sent to the Board of Health. Written documentation indicating the absence of asbestos or an abatement plan from a Licensed Asbestos abatement company must be submitted to the Board of Health. Proper asbestos abatement notifications must be sent to MA DEP and the Salem Board of Health. 3. The applicant shall submit a written plan for dust control during the demolition process to the Board of Health. 4. The applicant shall submit a written plan for containment and removal of debris, vegetative waste and unacceptable excavation material generated during demolition. 5. The applicant must comply with all requirements of 454 CMR 22.11 for lead precautions in pre 1978buildings during the demolition process. CITY OF SALEM, MASS.ACHUSETTS BOARD OF HEALTf-I 120 WASHINGTON STREET,4"FLOOR TEL. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978) 745-0343 MAYOR ix iu;r;NBAUM@SAr..].hI.COM DAVID GRI T NBAUM,RS ACTIN(-, HEAL—n i,Acsf�,NT Public Health Nurse Report October 2010 Activities Disease Prevention • In contact with North Shore Pulmonary Clinic regarding active cases and case contacts. • Investigated communicable disease cases and reported to the MDPH. Meetings/Clinics • DOT provided Monday through Friday for an active TB case. • Preparation for October Clinics. Attended the NSCAEP meeting at Peabody DPW. Influenza and Pneumonia Clinics 1800 doses were allotted to the Salem Board of Health from the MDPH 10/01 Marblehead/Swampscott/Salem Flu Clinic 100 10/13 Council on Aging with SSU Students 251 And Dr. Poremba 10/14 Lifebridge Clinic with SSU students 46 10/19 SHA Clinic with Endicott students 113 10121 Pioneer Terrace with Endicott students 55 10/24 Marblehead/Salem YMCA Health Fair 100 10/28 Employee/Open Clinic at Washington Street 178 10- Home/Office Visits 25 • November Clinics: November a at 120 Washington Street from 3 to 6 p.m. November 18t' at NSCHC Community Room from 4 to 8 p.m. • October 2010 Monthly Report of Communicable Diseases Disease New Carry over Discharged Reported Cam pylobacter 0 0 0 0 Giardia 1 0 1 1 Salmonella 1 0 1 1 Lyme 0 0 0 0 Salmonella 0 0 0 0 Pertussis 0 0 0 0 Tuberculosis 0 1 0 1 Varicella 0 0 0 0 Tuberculosis: 75 y/o male. Daily DOT. Giardia: 68 y/o male. Retired. No one else ill. No travel/camping. Recovered. Salmonella: 27 y/o male. Non foodhandler. Ate at 3 establishmnets during incubation period. Beverly, Norwood , and Swampscott Health Dept. notified. • Administration Monthly Report October-10 Burial Permits @$25.00 $900.00 Permits $3,687.00 Certificate of Fitness@$50.00 $1,750.00 Copies $0.00 Fines $660.00 Total Monies Collected = $6,997.00 Animal Bites Reported= 0 Annual Budget Expended Available Balance Salary/Longevity $337,609.00 $87,484.35 $250,124.65 Annual Budget Non-Personnel $21,200.00 $3,052.32 $10,978.00 M [ CITY OF SALEM, MASSACHUSETTS BOaI2D C)1 H. I=.t1LT'I-I 120 WASHINGTON STREET,4"'FLOOR TEE. (978) 741-1800 KIMBERLEY DRISCOLL FAX(978)745-0343 MAYOR ixatl',isNI3wtir r�sn�_,I:;u.co��: Dnvn)Gur;,r;NB,\UM,RS AC1TNci I.II,,,\I:n i A<;I4NI' November 1, 2010 Re: Youth Access Tobacco Control Regulation Updates Joyce Redford, Director North Shore Tobacco Control Program Swampscott Board of Health Swampscott Town Hall 22 Monument Ave Swampscott, MA 10907 -- Dear Ms. Redford: • The Salem Board of Health requests your presence at the next Board of Health meeting for a discussion regarding updating the Salem Board of Health Youth Access Tobacco Control Regulation. The meeting will be held Tuesday, No 9, 2010 @ 7:OOPM at City Hall Annex, 120 Washington Street 3rd floor conference room. If you have any questions, contact me at 978-741-1800. Sincerely, Fo, the Boa f Health David Gr a um, ting Health Agent DG/HL cc: Dr. Barbara Poremba, Chairperson of the Board of Health and Members THIS MODEL REGULATION INCORPORATES: • (1) the minimum standards required pursuant to the Attorney General's regulations on youth access to tobacco; (2) Mass. General Law Ch. 270, Sections 6 and 7; (3) Boston Public Health Commission language from their 12/2008 amended regulation on tobacco sales in educational institutions and health care institutions; and (4) expanded language to include Nicotine Delivery Products and electronic cigarettes. INSTRUCTIONS FOR USE: (1) Fill in [city/town] - 18 instances (one in title); (2) If measure is to be a bylaw or an ordinance, (a) replace "regulation" with appropriate measure type; (b) remove applicable "board of health" references; and (c) remove Authority section; (3) Fill in effective date; (4) See "Policy Decisions!" -13 instances. These decisions should only be made after consultation with board of health. Regulation of the [city/town] Board of Health Restricting the Sale of Tobacco Products • A. Statement of Purpose: Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas more than eighty percent of all smokers begin smoking before the age of eighteen years (Centers for Disease Control and Prevention, "Youth Surveillance - United States 2000," 50 MMWR 1 (Nov. 2000); and whereas nationally in 2000, sixty nine percent of middle school age children who smoke at least once a month were not asked to show proof of age when purchasing cigarettes(Id.); and whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin; and whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major problem; [POLICY DECISION! Two sections needs to be removed if not using tobacco ban for pharmacies or educational institutions: and whereas the sale of tobacco products is incompatible with the mission of health care institutions because it is detrimental to the public health and undermines efforts to educate patients on the safe and effective use of medication; and whereas educational institutions sell tobacco products to a younger population,which is particularly at risk for becoming smokers and such sale of tobacco products is incompatible with the mission of educational institutions that educate a younger population about social, environmental and health risks and harms]; now, therefore it is the intention of the [city/town] Board of Health to regulate the access of tobacco products. • B. Authority: This regulation is promulgated pursuant to the authority granted to the [city/town] Board of Health by Massachusetts General Laws Chapter 111, Section 31 that "Boards of Health may make reasonable health regulations". C. Definitions: For the purpose of this regulation, the following words shall have the following meanings: Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment. E-Cigarette: Any electronic Nicotine Delivery Product composed of a mouthpiece, heating element, battery and/or electronic circuits that provides a vapor of liquid nicotine to the user, or relies on vaporization of any liquid, or solid nicotine. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars, a-pipes or under any other product name. Educational Institution: Any public or private college, normal school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. Employee: Any individual who performs services for an employer. • Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals, including [city/town] or any agency thereof, which uses the services of one (1) or more employees. Health Care Institution: An individual, partnership, association, corporation or trust or any person or group of persons that provides health care services and employs health care providers licensed, or subject to licensing, by the Massachusetts Department of Public Health under M.G.L. ch. 112 or a retail establishment that provides pharmaceutical goods and services and subject to the provisions of 247 CMR 6.00. Health care institution includes, but is not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices and dentist offices. Minor: Any individual who is under the age of eighteen(18). Nicotine Delivery Product: Any article or product made wholly or in part of a tobacco substitute or otherwise containing nicotine that is expected or intended for human consumption, but not including a tobacco substitute prescribed by a licensed physician or a product that has been approved by the United States Food and Drug Administration for sale as a tobacco use cessation or harm reduction product or for other medical purposes and which is being marketed and sold solely for that approved purpose. Nicotine Delivery Product includes, but is not limited to, e- cigarettes. • A Permit Holder: Any person engaged in the sale or distribution of tobacco products directly to consumers who applies for and receives a tobacco sales permit or any person who is required to apply for a tobacco sales permit pursuant to these regulations, or his or her business agent. Person: An individual, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale or distribution of tobacco products directly to consumers. Self Service Display: Any display from which customers may select a tobacco product or a Nicotine Delivery Product without assistance from an employee or store personnel, excluding vending machines. Tobacco Product: Cigarettes, cigars, chewing tobacco,pipe tobacco, bidis, snuff or tobacco in any of its forms. Vending Machine: Any automated or mechanical self service device, which upon insertion of money, tokens or any other form of payment, dispenses cigarettes, any other tobacco product or Nicotine Delivery Products. D. Tobacco and Nicotine Delivery Product Sales to Minors Prohibited: 1.No person shall sell tobacco or nicotine delivery products or permit tobacco or nicotine delivery products to be sold to a minor; or not being the minor's parent or legal guardian, give • tobacco or nicotine delivery products to a minor. 2. In conformance with and in addition to Massachusetts General Law, 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 tobacco products at retail. The notice shall be provided by the Massachusetts Department of Public Health and made available from the [city/town] Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register. The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four(4) feet or greater than nine (9) feet from the floor. The owner or other person in charge of a shop or other place used to sell tobacco products at retail shall conspicuously post any additional signs required by the Massachusetts Department of Public Health. 3. The owner or other person in charge of a shop or other place used to sell Nicotine Delivery Products at retail shall conspicuously post a sign stating that"The sale of Nicotine Delivery Products to minors under 18 years of age is prohibited.". The owner or other person in charge of a shop or other place used to sell e-cigarettes at retail shall conspicuously post a sign stating that "The use of e-cigarettes at indoor establishments may be prohibited by local law." The notices shall be no smaller than 8.5" by I V and shall be posted conspicuously in the retail establishment or other place in such a manner so that they may be readily seen by a person standing at or approaching the cash register. These notices shall directly face the purchaser and shall not be • • obstructed from view or placed at a height of less than four(4) feet or greater than nine (9) feet from the floor. 4. Identification: Each person selling or distributing tobacco or nicotine delivery products shall verify the age of the purchaser by means of government-issued photographic identification containing the bearer's date of birth that the purchaser is 18 years old or older. Verification is required for any person under the age of 27. 5. All retail sales of tobacco or Nicotine Delivery Products must be face-to-face between the seller and the buyer. [POLICY DECISION! This sentence needs to be amended if you do not completely ban vending machines.] E. Tobacco and Nicotine Delivery Product Sales Permit: 1. No person shall sell or otherwise distribute tobacco or Nicotine Delivery Products at retail within [city/town] without first obtaining a Tobacco and Nicotine Delivery Product Sales Permit issued annually by the [city/town] Board of Health. Only owners of establishments with a permanent, non-mobile location in [city/town] are eligible to apply for a permit and sell tobacco products or Nicotine Delivery Products at the specified location in [city/town]. 2. As part of the Tobacco and Nicotine Delivery Product Sales Permit application process, the applicant will be provided with the [city/town] Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for •. tobacco and Nicotine Delivery Product sales regarding both state laws regarding the sale of tobacco and this regulation. 3. Each applicant who sells tobacco is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a Tobacco and Nicotine Delivery Product Sales Permit can be issued. 4. The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be determined by the [city/town] Board of Health annually. All such permits shall be renewed annually by [POLICY DECISION! Insert date.] 5. A separate permit is required for each retail establishment selling tobacco or Nicotine Delivery Products. 6. Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. 7. No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any employee to sell cigarettes, other tobacco products, or Nicotine Delivery Products until such employee reads this regulation and state laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the employer, that he/she has read the regulation and applicable state laws. • 8. A Tobacco and Nicotine Delivery Product Sales Permit is non-transferable. A new owner of an establishment that sells tobacco or Nicotine Delivery Products must apply for a new permit. No new permit will be issued unless and until all outstanding penalties incurred by the previous • permit holder are satisfied in full. 9. Issuance of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation. 10. A Tobacco and Nicotine Delivery Product Sales Permit will not be renewed if the permit holder has failed to pay all fines issued and the time period to appeal the fines has expired. [POLICY DECISION! Check with your Board of Health first to see if they want to include this condition.] F. Free Distribution: No person shall distribute, or cause to be distributed, any free samples of tobacco products or Nicotine Delivery Products. G. Out-of-Package Sales: No person may sell or cause to be sold or distribute or cause to be distributed, any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes. H. Self Service Displays: • All self service displays of tobacco products and/or Nicotine Delivery Products are prohibited. All humidors including, but not limited to, walk-in humidors must be locked. [POLICY DECISION! Additional Compromise Language: The only exception is self service displays that are located in facilities where the retailer ensures that no person younger than eighteen (18) years of age is present, or permitted to enter, at any time.] I. Vending Machines: All tobacco and/or Nicotine Delivery Product vending machines are prohibited. [POLICY DECISION! Minimum Mass. Attorney General[U.S. FDA language for tobacco vending machines are permitted if machines may be used: The only exception is tobacco vendingac Y Y P P equipped with a lock out device, in an establishment with a valid pouring liquor license, and located in facilities where the retailer ensures that no person younger than eighteen (18)years of age is present, or permitted to enter, at any time. A lock-out device locks out sales from the vending machine unless a release mechanism is triggered by an employee. The release mechanism must not allow continuous operation of the vending machine and must be out of the reach of all consumers and in a location accessible only to employees.] J. Prohibition of the Sale of Tobacco Products by Health Care Institutions No health care institution located in [city/town] shall sell or cause to be sold tobacco products. • No retail establishment that operates or has a health care institution within it, such as a pharmacy or drug store, shall sell or cause to be sold tobacco products. K. Prohibition of the Sale of Tobacco Products by Educational Institutions No educational institution located in [city/town] shall sell or cause to be sold tobacco products. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. L. Violations: 1. It shall be the responsibility of the establishment, permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco and/or Nicotine Delivery Products. The violator shall receive: a. In the case of a first violation, a fine of one hundred dollars ($100.00). [POLICY DECISION! First violations of Sections E, F, G, H and I may be issued a warning in lieu of a fine. b. In the case of a second violation within [POLICY DECISION! 12, 18, 241 months of the date of the current violation, a fine of two hundred dollars ($200.00) and the Tobacco and Nicotine Delivery Product Sales Permit shall be suspended for seven (7) consecutive business days. [POLICY DECISION! If Board wants latitude on permit suspensions: ...a fine of two hundred dollars ($200.00) shall be assessed and the Tobacco and Nicotine Delivery Product Sales Permit may be suspended for up to seven (7) consecutive business days.] • c. In the case of three or more violations within a [POLICY DECISION! 12, 18,241 month period, a fine of three hundred dollars ($300.00) and the Tobacco and Nicotine Delivery Product Sales Permit shall be suspended for thirty (30) consecutive business days. [POLICY DECISION! If Board wants latitude on permit suspensions: ...a fine of three hundred dollars ($300.00) shall be assessed and the Tobacco and Nicotine Delivery Product Sales Permit may be suspended for up to thirty (30) consecutive business days.] 2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the Tobacco and Nicotine Delivery Product Sales Permit for thirty (30) consecutive business days. 3. In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products or Nicotine Delivery Products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all board of health issued permits for thirty (30) consecutive business days. 4. The [city/town] Board of Health shall provide notice of the intent to suspend a Tobacco and Nicotine Delivery Product Sales Permit, which notice shall contain the reasons therefor and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision, and the reasons therefore • in writing. After a hearing the [city/town] Board of Health shall suspend the Tobacco and ti Nicotine Delivery Product Sales Permit if the Board finds that a sale to a minor occurred. [POLICY DECISION! If Board wants latitude on permit suspensions: ...After a hearing, the [city/town] Board of Health may suspend the Tobacco and Nicotine Delivery Product Sales Permit if the Board finds that a sale to a minor occurred.] For purposes of such suspensions, the Board shall make the determination notwithstanding any separate criminal or non-criminal proceedings brought in court hereunder or under the Massachusetts General Laws for the same offense. All tobacco products and Nicotine Delivery Products shall be removed from the retail establishment upon suspension of the Tobacco and Nicotine Delivery Product Sales Permit. Failure to remove all tobacco products and Nicotine Delivery Products shall constitute a separate violation of this regulation. M.Non-Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in General Laws, Chapter 40, Section 21 D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense. N. Enforcement: Enforcement of this regulation shall be by the [city/town] Board of Health of or its designated agent(s). Any citizen who desires to register a complaint pursuant to the regulation may do so by contacting the [city/town] Board of Health of or its designated agent(s) and the Board shall investigate. O. Severability: If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. P. Effective Date: This regulation shall take effect on ,2010.