after determining that the applicant demonstrates compliance with this
ordinance and any regulations the board of health may adopt to implement
this ordinance.
(2) As part of the permit application process, the applicant will be provided
with this ordinance. Each applicant is required to sign a statement
declaring that he or she has received the ordinance and agrees to be
responsible for instructing all employees engaged in tobacco product sales
about state law governing tobacco product sales and this ordinance. No
permit holder shall allow any employee to sell tobacco products until the
employee acknowledges, in writing, receipt of this ordinance and the state
law regarding the sale of tobacco, a copy of which will be placed on file in
the office of the employer and made available to the director upon request.
(3) Each applicant shall provide the director with proof of a current tobacco
sales license issued by the Massachusetts Department of Revenue before a
permit may be issued.
(4) The board of health, or its designee, shall issue permits to any applicant
only after the director determines that the application is in compliance
with this ordinance and any rules or regulations the board of health
implementing this ordinance. The first permit issued to any applicant
shall be an “initial” permit, which shall expire on the thirty-first day of
December next after the date of issuance. Thereafter, permits issued shall
be an “annual” permit which shall be valid for one calendar year beginning
on the first day of January and ending on the thirty-first day of December.
The “annual” permit is renewable to the same permit holder each year by
the thirty-first day of December upon receipt of an application in
compliance with this ordinance and the applicable rules and regulations.
Any permit holder that fails to renew a permit by the thirty-first day of
December and continues to operate shall be subject to penalty and
enforcement under this section.
(5) A separate permit is required for each retail establishment selling tobacco
products.
(6) Each permit shall be displayed at the retail establishment in a
conspicuous location and consistent with regulations adopted by the board
of health.
(7) Permits holders shall have no property interest in any permit issued under
this ordinance. No permit shall be transferable, except as set forth herein.
(A) Permits may be transferred incident to the relocation of a retail
establishment by the existing permit holder upon prior written