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HomeMy WebLinkAbout2014-09-29 Board of Health Agenda Packet (2) I North Andover Board of Health Public Hearing Agenda Mmiday, September 29, 2014 7:15 Imn. 120 Main Street, 2°d Floor Selectmen's Meeting Room North Andover, MA 01845 I. CALL TO ORDER II. PLEDGE OF ALLEGIANCE III. PUBLIC HEARINGS The Board of Health will hold a public hearing on Section 6 of its proposed regulations concerning the sale and use of tobacco and nicotine delivery products. Section 6 would prohibit the sale of any flavored tobacco or nicotine delivery product. IV. APPROVAL OF MINUTES Meeting minutes from July 24,2014 and August 28,2014 to be presented for signature. V. OLD BUSINESS Continuation of proposed regulations governing the sale of tobacco products and smoking. VI. NEW BUSINESS William Foster,Foster and Cote,representing the owner of 51 Hay Meadow,Mr.Ralph Enos,requesting a variance to the local Subsurface Disposal Regulation. The owners are requesting a reduction of the Design Requirement for the distance from a Deck on Footings,to the soil absorption system,from 10 feet to 7 feet. This distance is between a repair septic system in relation to a replacement of a deck and home addition. VII. COMMUNICATIONS,ANNOUNCEMENTS,AND DISCUSSION VIII. CORRESPONDENCE/NEWSLETTERS IX. ADJOURNMENT 2014 North Andover Board of Health Meeting—Meeting Agenda Page 1 of 1 Note: The Board of Health reserves the right to take items out of order and to discuss and/or vote on items that are not listed on the agenda. Board of Health Members: Thomas Trowbridge,DDS,MD,Chairman;Larry Fixler,Member/Clerk;Francis P.MacMillan,Jr., M.D.;Joseph McCarthy,Member; Edwin Pease,Member Health Department Staff:Susan Sawyer,Health Director; Debra Rillahan,Public Health Nurse;Michele Grant,Public Health Inspector;Lisa Blackburn,Health Department Assistant Blackburn, Lisa i From: Sawyer, Susan Sent: Tuesday, September 23, 2014 8:50 AM To: Blackburn, Lisa Subject: FW: 51 Haymeadow fyi From: Bill Foster [mailto:bill @coteandfoster.com] Sent: Monday, September 22, 2014 5:13 PM To: Sawyer, Susan Cc: wrdufresne @comcast.net; maural51 @verizon.net; Blackburn, Lisa Subject: Re: 51 Haymeadow Thank you Susan and Bill, if you get Susan the info I will go to the meeting and ask for a waiver to allow us to install our footings 7 ' away . Billy Sent from my iPhone On Sep 22, 2014, at 1:59 PM, "Sawyer,Susan"<ssawyer@townofnorthandover.com>wrote: Bill, Our next BOH meeting is set for 9/29. It is next Monday night. Our agenda closed on 9/19, however if you submit a request to be on the agenda,today, I will put the matter on. We are having a hearing on tobacco regulations that starts at 7:15. If this issue gets put on, I can't promise to get it on before the hearing starts however. Please just send an email requesting to be on the meeting for the purpose to request a variance to the local regulation regarding the setback. Also, please get me the altered plans, showing the variance request and the location of the tubes,so that can get it to the board immediately for review. I ca not approve this plan until the board has determined if reducing this setback is in the best interest of the septic system, rather than simply complying.This is an addition to a home, not an existing structure, and therefore the granting of this is not a given. That is for the members to decide.The good news is that I can tell the board that otherwise the plan meets the minimum requirements of the code. You may want to add a narrative as to why you suggest the board should be comfortable with this decision, when there is no need for it if they just change the plans, utilizing some of your argument listed below. Possibly the homeowner or Bill Foster could represent themselves if you cannot make it. Susan From: wrdufresne @comcast.net [mailto:wrdufresne @comcast.net] Sent: Monday, September 22, 2014 12:43 PM To: Sawyer, Susan Cc: maural51�7averizon.net; Foster, Bill Subject: Re: 51 Haymeadow Susan i My oversight. I thought the SAS had the same set back as a septic tank to a footing of 5 feet. I do not understand why the setback would be greater for a SAS than for a tank? Title 5 has no required setback from a sono tube footing to a SAS or a tank, as it recognizes there is no significance to maintaining a setback from a solid concrete footing to a septic system component as neither poses any threat or impact on the other, but 5 feet is implied as the 5 foot clear area around a system would automatically preclude anything within 5 feet of the SAS, as such, it is an unwritten setback of 5 feet, which is what I always assumed was the premise for your local setback of 5 feet from a septic tank to a footing. The only significance to having a setback from a solid concrete footing to a septic tank or SAS is to maintain the structural integrity of the footing by not disturbing the soil immediately surrounding the footing. This is no more of a concern for the SAS than it is for a septic tank, so why is the requirement more for a SAS than for a tank? In fact, the following are the facts, a 1500 gal tank is 5.67 feet deep and requires .75' of cover, and 6" of stone beneath, as such, the MINIMUM depth of excavation for a tank is approximately 6.9'. The average depth of excavation for a SAS is top and subsoil or on an average, 2-3'. The construction of a SAS poses far less threat to the structural integrity of a footing than does an SAS. With this said, I do not understand the reasoning behind your local requirement, but logistically I now understand that the 10' setback does exist, so for the aforementioned reasons, I would like to request a waiver or variance from your local regulations to allow a SAS to be 7' feet from a sono tube footing as Bill Foster from Cote & Foster has informed me that they can cantilever the deck 2' feet beyond the underlying footing creating a setback from the footing to the SAS of 7 feet. I would like to further request that since you stated that the design is FULLY APPROVABLE, with exception to this matter, that you sign off on the building permit application for the owner so that they may proceed with construction of the porch and deck while the season still permits, with the understanding that the septic system will be installed prior to them seeking an occupancy permit for the new room. appreciate your understanding and help in this matter. Thank You. Bill From: "Sawyer, Susan" <ssawyer `7a townofnorthandover.com> To: "wrdufresneCa)comcast.net" <wrdufresneacomcast.net> Sent: Monday, September 22, 2014 7:40:36 AM Subject: RE: 51 Haymeadow 2 I Yes, that is correct,the leach field distance in our local regulation is 10 feet. On page 6 of the local regulation. r htt : www.townofnorthandover.com a es nandoverma health Se ticfte x2010. df I totally agree it is good to stay out of the 100, so what would you like to do? Thanks Susan From: wrdufresneC)comcast.net [mailto:wrdufresne@comcast.net] Sent: Friday, September 19, 2014 1:41 PM To: Sawyer, Susan Subject: Re: 51 Haymeadow Susan I do not understand your comment. Both the proposed porch and the deck are to be supported on sono tubes. The SAS is proposed to be 5 feet from a deck which is supported on sono tubes. Are you saying that the leach field has to be 10 feet from a sono tube? The SAS was sited where it is in order to avoid filing with the Conservation Commission. If we move the SAS further away from the house, work will occur which will require conservation Commission approval, as the design stands, we are outside the 100 foot buffer zone with all work and therefore a Conservation filing is not required, having to file would be a large expense and time delay to the owner. Please advise. Thanks, Bill From: "Sawyer, Susan" <ssawyer btownofnorthandover.com> To: "Bill Dufresne (wrdufresne @comcast.n t)" <wrdufresneacom cast.net> Sent: Friday, September 19, 2014 11:08:28 AM Subject: 51 Haymeadow Hi Bill, The plan is fully approvable with one exception. The field is now less than 10 feet to the footing. NA requires 10 feet to leach area. You and the owner have options including; move the structure it back to the original footprint 10 feet away, change the field configuration or move it back and cantilever a few feet as structurally possible. Or other as you may determine. Didn't think that needed a formal letter.Once you decide;the plan is all set. Thank you Susan 3 i i i i 3.4 Design plans for a tight tank shall require approval of the Board of Health at a public hearing.- .. 3.5 All drilled or dug wells shall meet all setbacks and be considered potable water supply wells. 3.6 Wetlands resource area setbacks as described in these regulations and in Title 5 are to be measured from the resource as may be jurisdictional under federal, state or North Andover requirements. 3.7 No well shall be constructed or placed within the distance specified in Table 1 from the component of an existing onsite wastewater system. 3.8 If a variance to the North Andover Board of Health regulations, Title 5 Local Upgrade Approval and/or Title 5 variance can be met with the incorporation of a Massachusetts Department of Environmental Protection(DEP)-approved device which reduces wastewater to levels below 30 mg/L BOD and 30 mg/L TS S,then the design plan can be approved by the Health Department and does not require a hearing before the Board of Health unless otherwise required. 3.0 Per the current fee schedule,the fee for the onsite wastewater system plan review shall be paid upon initial submission and will cover the first revision if applicable. Each subsequent revision will require a separate fee. TABLE 1 - SETBACK DISTANCE TABLE Resource Build Septic Tanks,Pump Tanks, Soil ing Treatment Units,Tight Absorption Sewer Tanks, Grease Traps (feet) System(feet) Deck on footings 5 10 Tributaries to Surface - Water Supply 325 325 Watercourses or Wetland - Resource Areas 75 100 Wetlands Bordering - Surface 150 150 Water Supply or Tributary in watershed district) Private Well 50 - (setbacks are supplemental to MADEP 310CMR 15) Page 6 I MERRIMACK ENGINEERING SERVICES, INC, J I PROFESSIONAL ENGINEERS o LAND SURVEYORS PLANNERS i 66 PARK STREET• ANDOVER,MA 01810> (978)475-3555,373-5721 • FAX(978)475-1448 < E-MAIL info @merrimackengineering,com i September 23, 2014 Thomas Trowbridge, Chairman Board of Health " " 1600 Osgood Street, Suite 2035 North Andover, MA 01845 „_ . L'.1 Z O 1 RE: 51 Haymeadow Road `�'G VVN"' i�� i �H AN Ov/k o� Dear Mr. Chairman and Members: We have completed a septic system upgrade design for the property located at the above referenced site. This design was not precipitated by a failing septic system, but was completed because the owners are proposing to re-construct the rear porch, deck and minor deck expansion and the existing septic tank is in conflict with the existing and proposed porch. The current septic system is original to the house and was constructed in 1979, as such, is old and in need of a total upgrade. Test pits were done in the front yard with the intention of re-locating the system to the front yard, but water tables were at 2 feet which would result in mounding the front yard approximately 3-4 feet,which would cause significant detrimental impacts to the aesthetics and to the value of the property. A wetland exist to the rear or west of the property, thus there is a minimal area on site which is outside the 100 foot wetland setback and other applicable setbacks where a system can be placed. The system as designed, eliminates the existing septic tank conflict with the porch, is in FULL COMPLIANCE with Title 5, and is in full compliance with the NA Board of Health Regulations with exception to the setback from a SAS to a footing. We therefore are requesting a waiver from your local regulations to allow the SAS to be 7 feet from a sono tube footing where 10 feet is required. Please note that Title 5 recognizes no significance or required setback to the placement of a SAS to a footing as neither pose any negative impact on the integrity of the other. From a practical standpoint,your regulations allow a septic tank to be 5 feet from a footing so as to protect the surrounding soil and structural integrity of the footing during excavation. A 1500 gallon septic tank is excavated to a minimum depth of 6.9 feet. A SAS is excavated to an average depth of 2-3 feet, in this case 3 feet. It can be easily deduced that construction of the SAS will have far less of an impact than construction of the tank, and since your regulations allow a septic tank within 5 feet of a footing, we propose that the 1 Page 2, j (Thomas Trowbridge, Chairman) t September 23, 2014 i SAS be constructed 7 feet from a footing as shown on the design plans submitted for approval, and further propose that location of the SAS 7 feet fiom the footing will pose no negative impacts on the integrity of the either the building footing or the SAS. On behalf of the owners, Ralph&Maureen Enos, we respectfully request your consideration of this waiver request at your September 29, 2014 BOH Hearing. Very Truly Yours, William Dufresne, Projec Manager Merrimack Engineering Services MERRIMACK ENGINEERING SERVICES,INC. 66 PARK STREET-ANDOVER,MASSACHUSETTS 01810 i r l a t A Via al x 166.10 51.5 1 154 E PRO 4. r '4 4F• f Y 4�S' r41 '�n�' p,3�u� pT8�,..�..n 11 t �gy, r a y PR OP. N' TANK c 4 v lk PRO R. D:ECKF� ' Cs Trl may , .� —X1 PROP. . 44' WA EMT Pic Y rr 9 Aso l j x 152-90 J/Fr� „. IEQEL JNSPECTION PROP. COMPOST PO` s "”` All X 44 00 FILTER SOCK 80L.F. �" LIMIT OF WORK" _ r �� � �� , INMURATOR �W �xvxia IN A 4 WIDE 1 01 FIGURAT X 10,70. I I 1 URBELIS &FIELDSTEEL, L,LP 155 FEDERAL STREET BOSTON,MASSACHUSETTS 02110-1727 1 'T'elephone 978-475-4552 THOMAS J.URBELIS Telephone 617-338-2200 e-mail tju r)uf-lMV.Cpnl Telecopier 617-338-0122 September 16, 2014 Susan Sawyer, Health Director North Andover Health Department 1600 Osgood Street North Andover, MA 01 845 Re: Proposed Tobacco Regulations Dear Susan: You have asked us to review the proposed tobacco regulations that are under consideration by the Board of Health. We have reviewed the proposed new regulations and offer the following comments: The purpose of the regulations, as set forth in Section 1 is: "to regulate the sale of tobacco products and nicotine delivery products, primarily to reduce youth and underage access to nicotine and nicotine delivery products and to advance public health." The proposed regulations are based largely on the "Sample Regulation" drafted by the Massachusetts Association of Health Boards, with the exception of Section 6, which regulates the sale of flavored tobacco products and flavored nicotine delivery products. The proposed Section 6 provides: "No person shall sell or distribute or cause to be sold or distributed any flavored tobacco products or flavored nicotine delivery products except in retail tobacco stores." We are not aware of any community in Massachusetts that currently includes this prohibition in its tobacco regulations, although we have been informed that there are several URBELIS&FIELDSTEEL, LLP September 16, 2014 Page 2 communities currently considering such a regulation and some, may have, in fact been adopted. Likewise, we are not aware of any case law in Massachusetts which addresses such a regulation. However, similar prohibitions enacted in New York and Rhode Island have been the subject of litigation challenging the validity of such measures. In U.S. Smokeless Tobacco Manufacturing Company, LLC v. City of New York, 708 F.3d 428 (20113 1. a Nevi i"(`irk ity Gruiiuiiec, prohibiting the Dail: of oily I1aVCi'ed tobacco pI'iiC1UCt except in a tobacco bar was challenged on the grounds that the ordinance was preempted by the federal Family Smoking Prevention and Tobacco Control Act (FSPTCA). The federal law was enacted in 2009 and grants the Food and Drug Administration (FDA) authority to regulate tobacco products. The federal law contains a preemption provision that prohibits states and municipalities from establishing any requirement "which is different from, or in addition to, any requirement under the provision of this subchapter relating to tobacco product standards, premarket review, adulteration, misbranding, labeling,registration, good manufacturing standards, or modified risk tobacco products." The federal law also contains an "exception to the exception," which says that the preemption clause "does not apply to requirements relating to the sale, distribution,possession, information reporting to the state, exposure to or access to, the advertising and promotion of, or use of, tobacco products by individuals of any age." Citing this "exception to the exception"the United States Court of Appeals for the Second Circuit held that the New York Ordinance restricting the sale of flavored tobacco products was not preempted by FSPTCA. URBELIS &FIELDSTEEL, LLP I September 16, 2014 Page 3 A similar challenge was brought to a City of Providence, Rhode Island ordinance that made it unlawful to sell or offer for sale flavored tobacco products, except in a tobacco bar. Citing the same exemption, the United States Court of Appeals for the First Circuit in National Association of Tobacco Outlets v. City of Providence Rhode Island, 731 F.2d 71 (2013) held that the City of Providence ordinance was not preempted by the federal law, so long as it did not �i totally p-.ohi.bit the sale of tobaccc.products. While these recent decisions are an indication that it may be difficult to challenge such prohibitions under the federal law, we want to emphasize that, to date, we are not aware of any similar regulation in Massachusetts, and no similar legal challenges. It is impossible to predict whether, or where, such a challenge may be brought in Massachusetts in the event that such a prohibition is enacted. Notwithstanding the likelihood of success if such a challenge is brought, we suggest that the time and expense of such litigation for the "Town should be considered. It should also be pointed out that, at the present time, there are no retail tobacco stores in North Andover. Please let us know if you have further questions. Very truly yours, Thomas E' rbelis TJU/kmp cc: Board of Selectmen Town Manager r North Andover Health Department Community Development Division Notice to all Retailers in North Andover Who Sell Tobacco Products The Board of Health will hold a public hearing on Section 6 of its proposed regulations concerning the sale and use of tobacco and nicotine delivery products. Section 6 would prohibit the sale of any flavored tobacco or nicotine delivery product. 1 The hearing will take place on Monday, September 29, 2014 at 7:15 p.m. in the Selectmen's Room, 2nd floor, Town Hall, 120 Main St., North Andover, You are invited to attend and make comments on Section 6. Copies of the proposed regulations can be obtained at the North Andover Board of Health, 1600 Osgood St., Suite 2035, North Andover or by calling the Health Department at (978) 688-9540. i i I Town of North Andover Board of Health REGULATING THE SALE and USE OF TOBACCO & NICOTINE DELIVERY PRODUCTS SECTION 1 PURPOSE It is the intention of the North Andover Board of Health to regulate the sale of tobacco products and nicotine delivery products,primarily to reduce youth and underage access to nicotine and nicotine delivery products and to advance public health. SECTION 2 DEFINITIONSFor the purpose of this regulation;the following words shall have the following meanings: 4.2.001 BLUNT WRAP: Any tobacco product manufactured or packaged,as a wrap or as a hollow tube made wholly or in part from tobacco that is'designed or intended to be,'filled by the consumer with loose tobacco or other fillers. 4.2.002 BUSINESS AGENT: "Ari individual who has heen designated by the owner or operator of any establishment to be the manager or,otherwise.in charge of said establishment. 4.2.003 CIGAR: Any roll of tobacco,that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otheriuise defined as a cigarette under Massachusetts General 1;dw, Chapter 64C, Section 1,Paragraph 1. 4.2.004 CHARACTERIZING FLAVOR: A distinguishable taste or aroma, other than the taste or arom'a�of tobacco;"menthol,�mint;or wintergreen, imparted or detectable either prior to or during'coa umption:of a tobacco or nicotine'elelivexy product or component part thereof, including`but not limited to,,tastes or aromas relating to any fruit, chocolate, vanilla,honey, candy, cocoa, dessert, alcoholic beverage, herb or spice;provided,however, that no tobacco product or nicotine delivery product shall be determined to have a characterizing flavor solely because of the use,of additives or;flavoring's that do not contribute to the distinguishable taste or aroma of the product Pr the provision of ingredient information. 4.2.005 COMPONENT PART: Any element of a tobacco or nicotine delivery product, including, but not limited to,the tobacco, filter, paper, mouthpiece,heating element battery and/or electronic circuits but'not including any constituent. 4.2.006 CONSTITUENT: Any ingredient, substance, chemical or compound, other than tobacco, water added to a tobacco product or reconstituted tobacco sheet,that is added by the manufacturer to a tobacco or nicotine delivery product during the processing, manufacturing or packaging of the tobacco or nicotine delivery product. Such term shall include a smoke constituent from a tobacco product and a vapor or aerolization constituent from a nicotine delivery product. 4.2.007 DISTINGUISHABLE: Perceivable by either the sense of smell or taste. 4.2.008 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 solid nicotine or any liquid. This term shall include such devices whether they are manufactured as e-cigarettes, e-cigars,e-pipes or under any other product name. 4.2.009 EDUCATIONAL INSTITUTION: Any public or private college, school, professional school, scientific or technical institution, university or other institution furnishing a program of higher education. 4.2.010 EMPLOYEE: Any individual who performs services for an employer. 4.2.011 EMPLOYER: Any individual,partnership, association, corporation,trust or other organized group of individuals, including North Andover or any agency thereof,which uses the services of one(1)or more employees. 4.2.012 ENCLOSED: A space bounded by walls,with or without windows or fenestrations, continuous from floor to ceiling and enclosed by one(1) or more doors, including but not limited to an office,function room or hallway. 4.2.013 FLAVORED TOBACCO PRODUCT: Any tobacco product or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a tobacco product, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such tobacco product, that such tobacco product has or produces a characterizing flavor shall constitute presumptive evidence that the tobacco product is a flavored tobacco product. 4.2.014 FLAVORED NICOTINE DELI VERY PRODUCT: Any nicotine delivery product, as defined herein, including e-cigarettes, as defined herein, or component part thereof that contains a constituent that has or produces a characterizing flavor. A public statement, claim or indicia made or disseminated by the manufacturer of a nicotine delivery product, including e-cigarettes as defined herein, or by any person authorized or permitted by the manufacturer to make or disseminate public statements concerning such product,that the product has or produces a characterizing flavor shall constitute presumptive evidence that the product is a flavored nicotine delivery product, including e-cigarettes as defined herein. 4.2.013 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. c. 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. 4.2.014 MINOR: Any individual who is under the age of eighteen(18). 4.2.015 NICOTINE DELIVERY PRODUCT: Any manufactured article or product made wholly or in part of a tobacco substitute or containing nicotine that is expected or intended for human I consumption,but not including a product 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. 4.2.016 NON-RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINE: A mechanical device made available for use (including to an individual who produces cigars, cigarettes, smokeless tobacco, pipe tobacco, or roll-your-own tobacco solely for the individual's own personal consumption or use)that is capable of malting cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines. 4.2.017 OUTDOOR SPACE: An outdoor area, open to the air at all times and cannot be enclosed by a wall or side covering. 4.2.018 PERMIT HOLDER: Any person engaged in the sale or distribution of tobacco or nicotine delivery products directly to consumers who applies for and receives a tobacco and nicotine delivery product sales permit or any person who is required to apply for a tobacco and nicotine delivery product sales permit pursuant to these regulations, or his or her business agent. 4.2.019 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 or nicotine delivery products directly to consumers. 4.2.020 RETAIL TOBACCO STORE: An establishment which is not required to possess a retail food permit whose primary purpose is to sell or offer for sale to consumers, but not for resale,tobacco products and paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the North Andover Board of Health. 4.2.021 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. 4.2.022 SMOKING(or smoke): The lighting of a cigar,cigarette,pipe or other tobacco product or possessing a lighted cigar, cigarette,pipe or other tobacco or non-tobacco product designed to be combusted and inhaled. 4.2.023 SMOKING BAR: An establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by Mass. General Law Ch. 270, Section 22 to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue. "Smoking Bar" shall include, but not be limited to,those establishments that are commonly known as"cigar bars"and"hookah bars". 4.2.024 TOBACCO PRODUCT: Cigarettes, cigars,chewing tobacco,pipe tobacco, bidis, snuff or tobacco in any of its forms, i i i i 4.2.025 VENDING MACHINE: Any automated or mechanical self service device,which upon insertion of money,tokens or any other form of payment, dispenses or makes cigarettes, any other tobacco product or Nicotine Delivery Product. SECTION 3 TOBACCO AND NICOTINE DELIVERY PRODUCT SALES TO MINORS PROHIBITED 4.3.001 No person shall sell or otherwise distribute tobacco or nicotine delivery products to a minor. 4.3.002 REQUIRED SIGNAGE 4.3.002 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 made available from the North Andover 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 notice shall also disclose current referral information about smoking cessation, as well as notice that the sale of tobacco products,nicotine delivery products including e-cigarettes to someone under the age of 18 is prohibited, and that the use of e- cigarettes is prohibited where smoking is prohibited in the Town of North Andover. 4.3.003 IDENTIFICATION: Each person selling or distributing tobacco products or nicotine delivery products shall verify the age of the purchaser by means of a valid 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 who appears to be under the age of 27. 4.3.004 All retail sales of tobacco or nicotine delivery products must be face-to-face between the seller and the buyer(except for the purchase of tobacco from vending machines) and all retail sales of tobacco or nicotine delivery products must occur at a location with a valid tobacco and nicotine delivery product sales permit. SECTION 4 TOBACCO AND NICOTINE DELIVERY PRODUCT SALES PERMIT 4.4.001 No person shall sell or otherwise distribute tobacco or nicotine delivery products at retail within North Andover without first obtaining a Tobacco and Nicotine Delivery Product Sales Permit issued annually by the North Andover Board of Health. Only owners of establishments with a permanent, non-mobile location in North Andover are eligible to apply for a permit and sell tobacco products or nicotine delivery products at the specified location in North Andover. 4.4.002 As part of the Tobacco and Nicotine Delivery Product Sales Permit application process, the applicant will be provided with the North Andover 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 I delivery product sales regarding federal, state and local laws regarding the sale of tobacco and this regulation. 4.4.003 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. 4.4.004 The fee for a Tobacco and Nicotine Delivery Product Sales Permit shall be in accordance with the most current Board of Health fee schedule. All such permits shall be renewed annually by June 30"'of every year. 4.4.005 A separate permit is required for each location where a retail establishment is selling tobacco or nicotine delivery products. 4.4.006 Each Tobacco and Nicotine Delivery Product Sales Permit shall be displayed at the retail establishment in a conspicuous place. 4.4.007 No Tobacco and Nicotine Delivery Product Sales Permit holder shall allow any employee to sell tobacco products or nicotine delivery products until such employee reads this regulation and federal 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 and federal laws. 4.4.008 A Tobacco and Nicotine Delivery Product Sales Permit is non-transferable 4.4.009 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. 4.4.010 Issuance and holding of a Tobacco and Nicotine Delivery Product Sales Permit shall be conditioned on an applicant's on-going compliance with current Massachusetts Department of Revenue requirements and policies including, but not limited to, minimum retail prices of tobacco products. 4.4.011 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 and/or has not satisfied any outstanding permit suspensions. SECTION 5 CIGAR SALES REGULATED: 4.5.001 No retailer,retail establishment, or other individual or entity shall sell or distribute or cause to be sold or distributed a cigar unless the cigar is contained in an original package of at least four(4) cigars. The four-pack must be priced at the retail market price or at five($5.00) dollars, whichever price is higher. 4.5.002 This Section shall not apply to: (a) The sale or distribution of any cigar having a retail price of two dollars I i and fifty cents ($2.50)or more. (b) A person or entity engaged in the business of selling or distributing cigars for commercial purposes to another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of North Andover. 4.5.003 The North Andover Board of Health may adjust from time to time the amounts specified in this Section to reflect changes in the applicable Consumer Price Index by amendment of this regulation. SECTION 6 THE SALE OF FLAVORED I O.B.. A.-C..C.-O- P.-R_O. DU�CTS_,A. ND FLAVORED . ... NICOTINE DEIV RR PRODUCTS PROHIBITED _ No person shall sell or distribute or'cause to be sold or distributed any flavored tobacco products or flavored nicotine delivery product except in smoking bars and retail tobacco stores. SECTION 7 THE SALE OF BLUNT WRAPS No person or entity shall sell or distribute blunt wraps within North Andover,except that retail tobacco stores are permitted to sell or distribute blunt wraps. SECTION 8 FREE DISTRIBUTION AND COUPON REDEMPTION No person shall distribute, or cause to be distributed, any free samples of tobacco products or nicotine delivery products. No means, instruments or devices that allow for the redemption of tobacco products or nicotine delivery products for free or cigarettes at a reduced price below the minimum retail price determined by the Massachusetts Department of Revenue shall be accepted by any permit holder. SECTION 9 OUT-OF-PACKAGE SALES The sale or distribution of tobacco products or nicotine delivery products as defined herein in any form other than an original factory-wrapped package is prohibited. 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. SECTION 10 SELF SERVICE DISPLAYS 4.10.001 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. 4.10.001(a) EXEMPTION: 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. SECTION 11 TOBACCO VENDING MACHINES 4.11.001 All tobacco and/or nicotine delivery product vending machines are prohibited. 4.11.001(a) EXEMPTION: Vending machines are permitted if equipped with a lockout 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 I I 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. 1 SECTION 12 NON-RESIDENTIAL ROLL-YOUR-OWN(RYO)MACHINES All Non-Residential Roll-Your-Own(RYO)Machines are prohibited. SECTION 13 RESTRICTIONS ON THE SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS AT HEALTH CARE INSTITUTIONS: The North Andover Board of Health strongly encourages health care institutions that sell tobacco and nicotine delivery products to store these products in a manner that is hidden from the view of customers and the general public. The North Andover Board of Health reserves the right to enact regulations eliminating the sale of tobacco and nicotine delivery products at health care institutions if said institutions are unsuccessful in storing these products in the aforementioned manner. SECTION 14 PROHIBITION OF THE SALE OF TOBACCO AND NICOTINE DELIVERY PRODUCTS BY EDUCATIONAL INSTITUTIONS: No educational institution located in North Andover shall sell or cause to be sold tobacco or nicotine delivery products. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution. SECTION 15 VIOLATIONS/ENFORCEMENT/PENALITIES 15.001 It shall be the responsibility of the 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(100) dollars; b) In the case of a second violation within twenty-four(24)months of the date of the first violation, a fine of two hundred(200)dollars and the Tobacco and Nicotine Delivery Product Sales Permit may be suspended for seven(7) consecutive business days. c) In the case of a third violation within a twenty-four(24)month period, a fine of three hundred (300)dollars and the Tobacco and Nicotine Delivery Product Sales Permit may be suspended for thirty(30)consecutive business days. d) In the case of more than three violations within a twenty-four(24)month period, a fine of three hundred(300)dollars per additional violation and the Tobacco and Nicotine Delivery Product Sales Permit may be revoked. 15.002 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. 15.003 In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco 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. 15.004 The North Andover Board of Health shall provide notice of the intent to suspend or revoke a Tobacco and Nicotine Delivery Product Sales Permit, which notice shall contain the reasons therefore 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 North Andover Board of Health may suspend or revoke the Tobacco and Nicotine Delivery Product Sales Permit if the Board finds that a violation of this regulation occurred. For purposes of such suspensions or revocations,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 or revocation of the Tobacco and Nicotine Delivery Product Sales Permit. Failure to remove all tobacco and nicotine delivery products shall constitute a separate violation of this regulation. 15.005 Non-Criminal Disposition: Whoever violates any provision of this regulation may be penalized by the non-criminal method of disposition as provided in Massachusetts General Laws, Chapter 40, Section 2 1 D or by filing a criminal complaint at the appropriate venue. Each day any violation exists shall be deemed to be a separate offense. 15.006 Enforcement: Enforcement of this regulation shall be by the North Andover Board of Health or its designated agent(s). Any resident who desires to register a complaint pursuant to the regulation may do so by contacting the North Andover Board of Health or its designated agent(s), and the Board may investigate. SECTION 16 OTHER APPLICABLE LAWS 16.001 This regulation shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable health, safety and fire codes,regulations or statutes. SECTION 17 PROHIBITING SMOKING IN WORKPLACES AND PUBLIC PLACES 17.001 The Board of Health adopts the Massachusetts Smoke-Free Workplace Law (Massachusetts General Law Chapter 270, Sections 21 and 22)by reference and any future revisions as a local regulation. 17.002 Pursuant to Massachusetts General Laws Chapter 270, Section 22(j) smoking is also hereby prohibited in the following locations: a) retail tobacco store,except that smoking will be permitted in this establishment if it is housed in a freestanding building that is not occupied by any other business, residence or workplace. b) smoking bar c) outdoor spaces of restaurants, bars,taverns and any other outdoor space where food and/or alcoholic beverages, and/or non-alcoholic beverages are sold to the public and served to the public , or otherwise consumed or carried by the public. I 17.003 The use of e-cigarettes is prohibited wherever smoking is prohibited per Massachusetts j General Laws Chapter 270, Section 22 and Section 4.17.002 of this regulation. SECTION 18 THROUGH 21 Reserved for future regulations, amendments,etc. SECTION 22 SEVERABILITY 22.001 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. Effective Date: This regulation was adopted on This regulation shall take effect on Thomas A. Trowbridge, M.D., D.D.S., Chairman Date of Signature North Andover Board of Health Francis P. MacMillan, M.D., Member Date of Signature North Andover Board of Health Larry Fixler, R.Ph., Member Date of Signature North Andover Board of Health Edwin Pease, Member Date of Signature North Andover Board of Health Joseph McCarthy,Member Date of Signature North Andover Board of Health 1 North Andover Flavored Tobacco Purchases in September 2014 1 Apple Black and Mild Raceway Gas, 1503 Osgood St. $1.49 Cherry Blue E-Cig Stop and Shop $9.99 Cherry Cheyenne (20 pack) Richdale,4 Main St. Grape Game Cigarillo AL Prime Energy 79G Peach White Owl Cigarillo Rite Aid $1.57 Pineapple Game Gigarillo Main St. Liquors $1.40 Strawberry Dutch Master Cigarillo Richdale,75 Checkering Rd. $1.41 Strawberry FSS Cigarillos (4 pack) Richdale,4 Main St. 99G Strawberry Royal Blunt Wrap Quic Pic,533 Chickering Rd. $1.53 Vanilla Blunt Ville Cigar Main St. Liquors 90G Vanilla Dutch Master Cigarillo AL Prime Energy $1.29 Watermelon Royal Blunt Wrap Quic Pic, 533 Chickering Rd. $1.53 White Grape Krome Cigarillo Raceway Gas, 1503 Osgood St. 49G White Grape Swisher Sweet Rite Aid 77G Wine Black and Mild Rite Aid 77G I Municipal Tobacco Control Technical Assistance Program Donald J. Wilson, Director c/o Massachusetts Municipal Association (617)426-7272 One Winthrop Square FAX(617)695-1314 Boston, Massachusetts 02110 djwilson@mma.org MUNICIPALITIES WITH MINIMUM PRICING FOR CIGARS 1. Abington 26. Fitchburg** 51. Pittsfield** 2. Acton 27. Franklin 52, Plainville" 3. Adams 28, Gill 53. Rochester 4. Amherst 29. Greenfield 54. Rockport 5. Arlington 30. Hatfield 55. Salem 6. Ashland 31. Hubbardston** 56. Saugus 7. Athol 32. Hudson* 57. Scituate 8. Bedford 33. Leicester* 58. Seekonk 9. Belmont" 34. Leominster" 59. Shelburne 10. Beverly" 35. Lowell* 60. Sherborn* 11. Billerica 36. Malden 61. South Hadley 12. Bolton" 37. Marion 62, Stoughton 13. Boston 38. Medford 63. Sudbury 14. Braintree 39. Medway" 64. Sunderland* 15. Brewster 40. Middleton 65. Townsend 16, Brimfield** 41. Millbury 66. Westport 17. Buckland 42. Montague 67. W. Boylston 18, Chelsea 43. Needham 68. Westford" 19. Cohasset* 44. Newbur y port 69. Whately 20. Concord" 45. Newton" 70. Westwood 21. Dedham 46. Northampton* 71. Weymouth* 22. Deerfield* 47. Norwood 72. Williamstown" 23. Easthampton 48. Orange" 73, Yarmouth" 24. Edgartown 49. Oxford 25. Falmouth 50. Peabody 33.6% of state's population lives in listed municipalities. (2,200,088 of 6,547,629 residents) NOTES: (1) Cities in capital letters. First to enact: Boston on February 2,2012. (2) No asterisk: These municipalities require that single cigars be sold for at least$2.50; two- packs for at least $5.00; three-packs for at least $7.50 and 4-packs,or larger,at market rate (no minimum), One asterisk (*): These municipalities require the same pricing policy above but four-packs (or larger packs) must be sold for at least$5.00 at retail. Two asterisks (**): These municipalities require single cigars be sold for at least$2.50 and that all multi-packs be sold for at least $5.00 at retail. (3) Definition: Cigar: Any roll of tobacco that is wrapped in leaf tobacco or in any substance containing tobacco with or without a tip or mouthpiece not otherwise defined as a cigarette under Massachusetts General Law,Ch. 64C, Section 1, Paragraph 1. 9/29/14 A Technical Assistance Project for cities and towns funded through a Mass.DPH grant to the MMA. Municipal Tobacco Control Technical Assistance Program Donald J. Wilson, Director c/o Massachusetts Municipal Association (617)426-7272 One Winthrop Square FAX(617)695-1314 Boston, Massachusetts 02110 djwilson@mma.org LOCAL POLICIES ON BANNING FLAVORED "OTHER TOBACCO PRODUCTS" (OTP) ENACTMENT EFFECTIVE 2010 MUNICIPALITY DATE DATE POPULATION 1. Belmont 9/17/14 1/1/15 25,204 2. Concord 6/9/14 11/1/14 17,668 3. Newton 6/16/14 9/22/14 85,146 4. Sherborn 4/16/14 6/1/14 4,119 5. Yarmouth 6/2/14 7/1/14 23,793 6. Williamstown 9/8/14 1/5/15 7,700 7. Hatfield 9/10/14 3,275 Cities in Capital Letters POPULATION TOTAL: 166,905 (2.6% of state's 6,547,629 residents) HISTORY: In June of 2009, the federal government, recognizing the damaging role flavored tobacco products play in encouraging youth initiation, banned the sale of flavored cigarettes, except for menthol flavoring, In July of 2009, the state of Maine extended that federal ban to include cigars. In January of 2012, the city of Providence enacted an ordinance to mimic and extend the federal ban to include all OTP (Other Tobacco Products), such as cigars, smokeless and chew tobacco, as well as to include electronic cigarettes. Providence was sued in federal court and in February 2013 prevailed at the U.S. Court of Appeals. This is notable as Massachusetts is in the same federal court district as Rhode Island, therefore, this ruling extends to Massachusetts. This policy recognizes that cheap, flavored tobacco products are attractive to youth, resulting in reported increase of such usage in Massachusetts and nationwide. The policy DOES prohibit the sale of all flavored tobacco products and flavored e-cigarette, except for in qualified retail tobacco stores and "smoking bars". This policy DOES NOT prohibit the sale of menthol tobacco products nor the sale of all e-cigarettes. 9/29/14 A Technical Assistance Project for cities and towns funded through a Massachusetts Department of Public Health grant to the Massachusetts Municipal Association. Municipal Tobacco Control Technical Assistance Program Donald J.Wilson,Director (617)426-7272 c/o Mass.Municipal Association,One Winthrop Square FAX(617)695-1314 Boston,Massachusetts 02110 djwilsonomma.org i LOCAL SUMMARY ON TOBACCO SALES BANS IN PHARMACIES MUNICIPALITY RETAILERS MUNICIPALITY RETAILERS MUNICIPALITY RETAILERS (POP.RANK) AFFECTED (POP.RANK) AFFECTED (POP RANK) AFFECTED 1. Abington*(120) 4 35. Foxboro*(112) 4 69. Revere(24) 6 2. Acton*(86) 4 36. Gardner*(93) 7 70. Rochester*(240) 0 3. Adams*(192) 2 37. Gill*(309) 0 71. Rockport*(216) 1 4. Amherst*(41) 4 38. Greenfield*(109) 6 72. Salem*(32) 6 5. Arlington*(30) 6 39. Gloucester*(57) 5 73. Saugus*(69) 7 6. Ashland*(115) 4 40. Harwich(154) 3 74. Scituate*(100) 3 7. Athol*(160) 3 41. Hatfield(269) 0 75. Shelburne(294) 1 8. Barnstable(27) 9 42. Haverhill*(15) 11 76. Sherborn(260) 1 9. Barre*(238) 1 43. Hubbardston(255) 0 77. Somerville(13) 10 10. Bedford*(147) 3 44. Hudson(96) 5 78. Southboro(182) 4 11. Beverly*(38) 7 45. Lancaster(198) 0 79. So.Hadley(106) 1 12. Bolton(249) 0 46, Lowell(4) 12 80. Springfield(3) 23 13. Berkley(223) 0 47. Leominster*(34) 9 81. Stockbridge*(290)0 14. Boston(1) 88 48. Lee*(231) 2 82, Stoneham(89) 3 15, Braintree(42) 8 49. Lenox*(245) 2 83. Stoughton(68) 6 16. Brewster(181) 0 50. Lynn*(9) 12 84. Sudbury*(104) 3 17. Brimfield(264) 0 51. Malden*(17) 8 85, Sunderland*(263) 0 18. Brookline(18) 8 52. Marion*(248) 0 86. Townsend*(188) 2 19. Buckland*(291) 0 53. Medford(20) 7 87. Wakefield(73) 4 20. Chatham(227) 1 54. Medway(152) 2 88. Walpole*(78) 5 21. Chelsea*(44) 5 55. Melrose*(67) 4 89. Wareham(87) 5 22. Cohasset(208) 3 56. Middleboro*(81) 3 90. Watertown*(50) 3 23. Concord*(103) 3 57. Middleton*(186) 2 91. Wellesley(65) 4 24. Dartmouth*(45) 7 58. Montague*(194) 1 92. Westport*(126) 2 25. Dedham*(76) 9 59. Needham(56) 4 91 W Boylston* (207)2 26. Deerfield*(244) 6 60. New Bedford*(6) 20 94. Westford(85) 3 27. Easthampton*(l 19)2 61. Newton(11) 8 95. Westwood(13 1) 2 28. Easton(82) 4 62. Newburyport(110)4 96, Weymouth*(23) 8 29. Edgartown*(260) 1 63. Northampton(60)8 97. Whately(310) 0 30. Everett(3 1) 5 64. N.Attleboro*(58) 7 98. Williamstown*(208) 1 31. Fairhaven*(121) 7 65. Orange(203) 1 99. Winchester(90) 2 32. Fall River(10) 22 66. Oxford(141) 3 100. W Springfield(62)10 33. Falmouth*(52) 7 67. Pittsfield*(28) 11 101. Worcester(2) 34 34. Fitchburg*(35) 7 68. Reading*(74) 4 102. Yarmouth*(79) 6 COMPANIES AFFECTED(WITH NUMBERS OF AFFECTED LOCATIONS)-TOTAL:578 CVS(180) Walgreens(97) Rite Aid/Brooks(87) Shaws Market(8) Star Market(2) Stop&Shop(42) Hannaford(5) Big Y(11) Price Chopper(4) Wal mart(2 1) Target(17) Kmart(3) Costco(3) Independents(103) BJs(3) NOTES: I. A *indicates that electronic cigarettes and/or Nicotine Delivery Products are included in the sales ban(55). 2. Cities: in bold letters -Form of Local Measure: Health Regulations=98;City Ordinances=3;Town Bylaws= 1 3. First municipality to enact:Boston effective 2/11/09; First city ordinance enacted: Newton effective 11/16/09;First town bylaw enacted: Brookline effective 4/9/12(approved by Mass.Attorney General 4. In Everett,Stoneham,W.Springfield,one pharmacy is both a retailer and wholesaler. Tobacco sales are limited to wholesale customers only,with conditions. 5. CVS,Target and Kmart: Some stores may have pharmacies but these companies do not sell tobacco per company policy. 6. 107 municipalities have not enacted this policy AND have no pharmacies within their jurisdiction. 7. 8 municipalities have not enacted this policy AND the only pharmacy is a Target or a CVS. 8. STATEWIDE COVERAGE: 52.3% of state's population lives in listed municipalities.(3,424,472 out of 6,547,629 residents). 4.4% of state's population live in municipalities under Condition#6. 1%of state's population live in municipalities under Condition#7. Combined percentage total: 57.7% 9/29/14 A Technical Assistance Project for cities and towns funded through a Mass.DPH grant to the Massachusetts Municipal Association. i i i Municipal Tobacco Control Technical Assistance Program Donald J, Wilson, Director c/o Massachusetts Municipal Association (617)426-7272 One Winthrop Square FAX(617)695-1314 Boston,Massachusetts 02110 djwilson @mma.org MUNICIPALITIES THAT BAN THE SALE OF BLUNT WRAPS 1. Abington 23, Easthampton 45. Nantucket 67. Stoneham 2. Acton 24. Easton 46. Needham 68. Stoughton 3. Amherst 25. Edgartown 47.New Bedford 69. Sudbury 4. Arlington 26, Fairhaven 48.Newburyport 70. Sunderland 5. Ashland 27. Falmouth 49.Newton 71. Sutton 6. Athol 28. Fitchburg 50.Northampton 72. Swampscott 7. Belmont 29. Franklin 51. Norwood 73. Taunton 8. Berkley 30. Gill 52.Orange 74,Townsend 9. Beverly 31. Gloucester 53.Orleans 75. Wareham 10. Billerica 32. Greenfield 54. Oxford 76. Webster* 1.1.Boston 33, Hubbardston 55.Peabody 77. Wendell 12. Bolton 34. Hudson 56. Plainville 78. W. Boylston 13. Braintree 35. Leicester 57. Plymouth 79. Westford 14. Brewster 36. Leominster 58. Reading 80. Westport 15. Brimfield 37.Lynn 59.Salem 81. Westwood 16, Buckland 38.Lowell 60. Saugus 82.Weymouth 17. Chelsea 39. Marion 61. Scituate 83.Whately 18. Cohasset 40.Medford 62. Seekonk 84. Williamstown 19. Concord 41.Medway 63, Shelburne 85. WSpringfield 20. Dartmouth 42.Melrose 64. Sherborn 86.Worcester 21. Dedham 43. Millbury 65. Somerset 87.Yarmouth 22. Deerfield 44. Montague 66. South Hadley (cities in bold) DEFINITION: Blunt Wrap: Any tobacco product manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or intended to be filled by the consumer with loose tobacco or other fillers. REGULATORY LANGUAGE: Prohibition of the Sale of Blunt Wraps No person or entity shall sell or distribute blunt wraps in [city/town]. NOTE: In 2011, the Massachusetts Supreme Judicial Court upheld the Boston blunt wrap ban in a lawsuit brought by blunt wrap manufacturers and their trade association. The case is RYO Cigar Association,Inc. and New Image Global,Inc. v. Boston Public Health Commission. *The Town of Webster bans "blunt wrappers" under a paraphernalia definition. 9/29/14 A Technical Assistance Project for cities and towns funded through a Massachusetts Department of Public Health grant to the Massachusetts Municipal Association, Cigar Packaging Amendment..... 4.5.001 No retailer, retail establishment, or other individual or entity shall sell or distribute or cause to be sold or distributed a cigar unless the cigar is contained in an original package of at least four(4)cigars.A package of four or more cigarsThef-our-pGc-k-must be priced at the retail market price or at five ($5.00) dollars, whichever price is higher.