Amend Article 8.23, Section 8.23.5 of the Town's General By-Laws - Limiting the Issuance of Tobacco Sales Permits

Petitioner: Tobacco Control Committee

Annual Town Meeting, May 2017

Liquor licenses are tightly regulated in Massachusetts and across the country. By contrast, there are few restrictions on sales permits for tobacco, a highly addictive drug that reduces life expectancy by about ten years and is the leading cause of preventable death in the United States. In fact, tobacco is the only product sold in this country that when used exactly as directed, leads to a shortened life span.

Towns and cities in Massachusetts have begun to restrict tobacco permits. Currently 87 municipalities, with 24% of the state's population, have some form of a cap on tobacco permits. Data suggests that there is a correlation between the number tobacco purveyors in an area and the numbers of new smokers and of quitters.

This warrant would change the by-law such that no new permits could be issued. The existing permit holders (which we believe to be 21 or 22) would be able to keep their permits and continue to apply to renew them when appropriate. These existing businesses could also sell their business one time and the buyers would be presumed to be eligible for the tobacco permit provided that they are maintaining substantially the same business in the same location. Subsequent buyers would not be eligible for the tobacco permit. Thus, over time the number of permits in Town would decrease.
Official Town Meeting Vote Select Board Advisory Board

Favorable Action

Favorable Action

Majority Vote

See Select Board Amendment

22-2-0
Final Result:

Favorable Action
Community Organization Recommendations
PAX Green Caucus
Official Text of the Article

VOTED: That the Town amend Article 8.23, Section 8.23.5 a. of the Town's General By-Laws as follows:

SECTION 8.23.5 SALE AND DISTRIBUTION OF TOBACCO PRODUCTS

a. Permit - No Entity otherwise permitted to sell tobacco products shall sell such products within the Town of Brookline without a valid tobacco sales permit issued by the Director of Public Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits shall be renewed annually by June 1st, at a fee set forth in the Department's Schedule of Fees and Charges. Effective September 1, 2017 or upon the approval of the Attorney General if later, the Director of Public Health shall not issue any new tobacco sales permits to first-time permit applicants with businesses not currently licensed. Holders of tobacco sales permits on the effective date of this section may continue to use such permits. All such holders must apply for renewal of their permits according to the procedures of the Department. Failure to apply for renewal within thirty (30) days will deem them ineligible for a permit. Those who fail to apply for renewal in a timely manner will receive written notification from the Department and then those permits may be revoked or fines imposed after such procedure as set forth in the procedures of the Department. Any such action may be appealed to the Board of Selectmen within thirty (30) days. However, applicants who acquire a business that is the holder of a tobacco sales permit on the effective date of this section may apply, within sixty (60) days of such acquisition, for a tobacco sales permit such as that held by the previous owner of the business, only if the buyer intends to sell tobacco products and will be operating a substantially similar business, and subject to rules and requirements of the Health Department.

The amended By-Law would thus read as follows:
SECTION 8.23.5 SALE AND DISTRIBUTION OF TOBACCO PRODUCTS

a. Permit - No Entity otherwise permitted to sell tobacco products shall sell such products within the Town of Brookline without a valid tobacco sales permit issued by the Director of Public Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits shall be renewed annually by June 1st, at a fee set forth in the Department's Schedule of Fees and Charges. Effective September 1, 2017 or upon the approval of the Attorney General if later, the Director of Public Health shall not issue any new tobacco sales permits to first-time permit applicants with businesses not currently licensed. Holders of tobacco sales permits on the effective date of this section may continue to use such permits. All such holders must apply for renewal of their permits according to the procedures of the Department. Those who fail to apply for renewal in a timely manner will receive written notification from the Department and then those permits may be revoked or fines imposed after such procedure as set forth in the procedures of the Department. Any such action may be appealed to the Board of Selectmen within thirty (30) days. However, applicants who acquire a business that is the holder of a tobacco sales permit on the effective date of this section may apply, within sixty (60) days of such acquisition, for a tobacco sales permit such as that held by the previous owner of the business, only if the buyer intends to sell tobacco products and will be operating a substantially similar business, and subject to rules and requirements of the Health Department.


https://www.brooklinema.gov/DocumentCenter/View/12224/Combined-Reports-May-2017…

Categories: