TOWN OF LAKEVILLE
PLANNING BOARD
346 Bedford Street
Lakeville, MA 02347

NOTICE OF PUBLIC HEARING
LEGAL NOTICE

The LAKEVILLE PLANNING BOARD pursuant to the Town of Lakeville Code Bylaws, Chapter 270, §270-6.7, will hold a Public Hearing on THURSDAY, February 27, 2025, at 7:00 PM at the Lakeville Police Station, 323 Bedford Street. The purpose of the Public Hearing will be to receive information and public comment on the following Site Plan Review application:

19 Main Street – The applicant, CD Danksewicz Realty, Inc, seeks Site Plan Review and Approval for the construction of a proposed mixed-use retail and business development comprised of two buildings and associated site improvements. The front building will be occupied by retail and service businesses. The rear building will house small business enterprises that require office and storage/service areas. The application and assorted documents can be viewed in the Planning Department by appointment.

Michele MacEachern, Chair
February 20, 2025

TOWN OF LAKEVILLE
REQUEST FOR PROPOSALS

The Town of Lakeville is seeking proposals to provide the Town with property tax administration services. Due to the technical nature of the services required under the proposed contract, the Town has determined that the procurement is best conducted utilizing a Request for Proposals (“RFP”) process, pursuant to Massachusetts General Laws, Chapter 30B, Section 6.

The Town reserves the right to postpone or cancel the awarding of a contract for any and all reasons, and to waive any informality in, or to reject any or all bids, and to make such award as in the best interests of the Town. Award of a contract pursuant to this RFP shall be subject to available appropriation. Proposals are due by 4:00 P.M. on March 5, 2025. Late proposals will not be accepted. Request for proposal packages are available by emailing Andrew Sukeforth at asukeforth@lakevillema.org.

TOWN OF MIDDLEBOROUGH
ZONING BOARD OF APPEALS
NOTICE OF HEARING

The Middleborough Zoning Board of Appeals will hold a public hearing on Thursday, February 27, 2025, at 7:00 P.M., in the Select Board’s Meeting Room, Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA to hear the petition of Ken Stone, General Manager of Middleborough Gas and Electric Department relative to his request to be granted a Special Permit pursuant to Sections 3.1.B.5; 5.7 and 6.6.3 of the Middleborough Zoning By-law to allow for the renovation of the historical portion of the building and to build a 5,735 sq. ft addition, which will bring the building up to current energy and accessibility codes. Site work consists of storm water infiltration and treatment, secure perimeter fencing and separate parking for staff and visitors. The subject property is located at 37 Wareham Street, Middleborough Assessor’s Map 58D, lots 816, 828, 841, 846 & 872 located at Jackson Street (off) Wareham Street (off), 35 Wareham Street and 37 Wareham Street in the Business District. Anyone desiring to be heard on this matter should appear at the time and place designated.

Chairman Darrin DeGrazia
On behalf of the Middleborough
Zoning Board of Appeals

Publish: 2/13/25 and 02/20/25

LEGAL NOTICE

Notice is hereby given in accordance with the Massachusetts Wetlands Protection Act, M.G.L. c.131 §40 of a Public Hearing held by the Freetown Conservation Commission on Monday March 10th at 6:00 PM at the Freetown Police Station Community Room, 15 Memorial Drive and online at Zoom.us, see meeting notice to be posted for Zoom instructions.

A request to amend and extend an Order of Conditions (SE026-0685) as filed by the Long Pond Association for property identified as Long Pond in Town of Freetown/ Lakeville. The applicant is proposing to extend and amend the Order to include targeting Phragmites as part of the ongoing invasive vegetation management improvements within the Long Pond watershed. Representative is Martha Worley of the Long Pond Association.

TOWN OF MIDDLEBOROUGH
ZONING BOARD OF APPEALS
NOTICE OF HEARING

The Middleborough Zoning Board of Appeals will hold a public hearing on Thursday, February 27, 2025, at 7:00 P.M., in the Select Board’s Meeting Room, Middleborough Town Hall, 10 Nickerson Avenue, Middleborough, MA to hear the petition of Eugene Kelley, Stone Estates, LLC 630 Park Street, Stoughton, MA 02072 relative to his request to be granted a Special Permit pursuant to Section 4.5.3 for larger buildings exceeding 20,000 sq. ft. for the construction of three (3) buildings (+/- 7500 sq. ft. ea.) as part of a contractors yard, which currently contains two (2) single family dwellings. The subject property is located at 504 & 508 Wareham Street, Middleborough Assessor’s Map 94, lots 2631, 1883 & 6463 in the General Use X district. Anyone desiring to be heard on this matter should appear at the time and place designated.

Chairman Darrin DeGrazia
On behalf of the Middleborough
Zoning Board of Appeals

Publish: 2/13/25 and 02/20/25

TOWN OF LAKEVILLE
ZONING BOARD OF APPEALS
346 Bedford Street
Lakeville, MA 02347

The LAKEVILLE ZONING BOARD OF APPEALS, acting in accordance with MASS GENERAL LAWS CHAPTER 40A, as amended, will conduct a public hearing on Thursday, February 27, 2025, at 7:00 P.M. in the LAKEVILLE PUBLIC LIBRARY, 4 PRECINCT STREET, upon the petition of William A. Hoffman. A Special Permit is requested under Section 270-6.1 C & Section 270-7.4 to construct an addition, porch, and to expand the front deck on a pre-existing non-conforming dwelling, located on a pre-existing, non-conforming lot. These expansions will be within the setbacks. The property site is 4 Merigold Lane.
The application and assorted documents can be viewed in the Planning Department by appointment.

John Olivieri, Jr., Chairman
February 13, 2025 & February 20, 2025

I do hereby certify the following votes were taken at the October 7, 2024, Special Town Meeting, held in the Middleborough High School Auditorium, which was called to order at 7:09 PM by the Town Moderator, David J. Cavanaugh, who declared a quorum present of more than the requirement of 150 registered voters. The complete text of the bylaws are on file in the Town Clerk’s Office located in the Annex Building at 20 Centre Street as well as on the Town of Middleborough website www.middleboroughma.gov under “Town Code; New Laws.”

ARTICLE 18. Voted by counted vote – 108 yes, 21 no to amend The Town of Middleborough Zoning Bylaw, Chapter 275 Section 4.1.1 Table of Dimensional Requirements of the Zoning Bylaw as follows:

** In the GUA District and the GUB District, any Lot with ten (10) acres or more in size, the Zoning Board of Appeals, upon a finding that additional height is reasonably necessary for the use of a structure and will not be detrimental to the neighborhood may authorize by special permit a structure not to exceed sixty-five (65) feet in height.

Sponsored by the Planning Board
Select Board recommends favorable action
Planning Board recommends favorable action
Finance Committee voted no financial impact
2/3 Vote

ARTICLE 20. Voted unanimously to amend the Middleborough Zoning Bylaw by adding a new Section 3.1(F.)(17.) Table of Uses – Accessory Dwelling Unit, add new Section 7.7 Accessory Dwelling Units, and add to Section 10.2 General Bylaw Definitions a definition for Accessory Dwelling Unit to reflect recent amendments made to MGL Ch. 40A, Section 3 which become effective on February 2, 2025.
Add new “Section 3.1(F.)(17)”

Add new “Section 7.7 ACCESSORY DWELLING UNITS”

7.7.1 Site Plan Review Required: The Planning Board shall be the Site Plan Review Granting Authority (SPRGA). One Accessory Dwelling Unit per principal dwelling shall be permitted in single-family residential zoning districts with approved Site Plan Review.
The Planning Board shall adopt and periodically amend reasonable regulations to implement this bylaw. These regulations are effective when voted.”

Add definition for Accessory Dwelling Unit to Section 10.2 General Bylaw Definitions
“Accessory dwelling unit: a self-contained housing unit, inclusive of sleeping, cooking and sanitary facilities on the same lot as a principal dwelling, subject to otherwise applicable dimensional and parking requirements, that: (i) maintains a separate entrance, either directly from the outside or through an entry hall or corridor shared with the principal dwelling sufficient to meet the requirements of the state building code for safe egress; (ii) is not larger in gross floor area than 1/2 the gross floor area of the principal dwelling or 900 square feet, whichever is smaller; and (iii) is subject to such additional restrictions as may be imposed by a municipality, including, but not limited to, additional size restrictions and restrictions or prohibitions on short-term rental, as defined in section 1 of chapter 64G; provided, however, that no municipality shall unreasonably restrict the creation or rental of an accessory dwelling unit that is not a short-term rental.”

Sponsored by the Planning Board
Select Board recommends favorable action
Planning Board recommends favorable action
Finance Committee voted no financial impact

Respectfully submitted,
Pamela J. Menconi, Town Clerk, Town of Middleborough

Pursuant to Section 13 of Chapter 4 (enacted by Chapter 174 of the Acts of 2016, entitled “An Act Relative to Electronic Publication of Certain Legal Notices”), this legal notice will also be published on the Massachusetts Newspaper Publishers Association’s website: http://masspublicnotices.org/.

TOWN OF MIDDLEBOROUGH
HEALTH DEPARTMENT

Regulation of the Middleborough Board of Health Restricting the Sale of Tobacco Products

A. Statement of Purpose:
The Board of Health of the Town of Middleborough, Massachusetts, acting under the authority of Chapter 111, Section 31 of the Massachusetts General Laws and such other authority as it possesses has enacted the following regulations affecting the sale, location, vending and distribution of tobacco products in the Town of Middleborough in the interest and preservation of public health.

B. Authority:
This regulation is promulgated pursuant to the authority granted to the Middleborough Board of Health by Massachusetts General Laws Chapter 111, Section 31 which states “Boards of health may make reasonable health regulations”.

C. Definitions:
For the purpose of this regulation, the following words shall have the following meanings:
Adult-Only Retail Tobacco Store (“Retail Tobacco Store”): An establishment that is not required to possess a retail food permit whose primary purpose is to sell or offer for sale but not for resale, tobacco products and tobacco paraphernalia, in which the sale of other products or offer of services is merely incidental, and in which the entry of persons under the minimum legal sales age is prohibited at all times, and which maintains a valid permit for the retail sale of tobacco products as required by the Middleborough Board of Health.

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 regardless of any content.

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.

Characterizing Flavor: A distinguishable taste or aroma, other than the taste or aroma of tobacco, imparted or detectable either prior to or during consumption of a tobacco 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, menthol, mint, wintergreen, herb or spice; provided, however, that no tobacco product shall be determined to have a characterizing flavor solely because of the provision of ingredient information or the use of additives or flavorings that do not contribute to the distinguishable taste or aroma of the product.

Child-Resistant Package: Packaging intended to reduce the risk of a child ingesting nicotine and that meet the minimum standards of 16 C.F.R. 1700 et seq., pursuant to 15 U.S.C. 1471 to 1476, inclusive.

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, Chapter 64C, Section 1, Paragraph 1.

Component Part: Any element of a tobacco product, including, but not limited to, the tobacco, filter and paper, but not including any constituent.

Constituent: Any ingredient, substance, chemical or compound, other than tobacco, water or reconstituted tobacco sheet, that is added by the manufacturer to a tobacco product during the processing, manufacturing or packaging of the tobacco product. Such term shall include a smoke constituent.

Coupon: Any card, paper, note, form, statement, ticket or other communication distributed for commercial or promotional purposes to be later surrendered by the bearer so as to receive an article, service or accommodation without charge or at a discount price.

Distinguishable: Perceivable by either the sense of smell or taste.

Educational Institution: Any public or private college, 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 Middleborough or any agency thereof, which uses the services of one (1) or more employees.

Electronic Nicotine Delivery System: an electronic device, whether for 1-time use or reusable, that can be used to deliver nicotine or another substance to a person inhaling from the device including, but not limited to, electronic cigarettes, electronic cigars, electronic cigarillos, electronic pipes, vaping pens, hookah pens and other similar devices that rely on vaporization or aerosolization; provided, however, that “electronic nicotine delivery system” shall also include any noncombustible liquid or gel that is manufactured into a finished product for use in such electronic device; provided further, that “electronic nicotine delivery system” shall also include any component, part, or accessory of a device used during the operation of the device even if the part or accessory was sold separately; provided further, that “electronic nicotine delivery system” shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product or for other medical purposes and is marketed and sold or prescribed exclusively for that approved purpose.

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.

Flavored Wrap: Any flavored product manufactured or packaged as a wrap or as a hollow tube derived from tobacco; paper; hemp; natural ingredients or other that is designed or intended to be filled by the consumer with loose tobacco or other fillers regardless of any content.

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 is subject to the provisions of 247 CMR 6.00. Health care institutions include, but are not limited to, hospitals, clinics, health centers, pharmacies, drug stores, doctor offices, optician/optometrist offices and dentist offices.

Liquid Nicotine Container: A bottle or other vessel which contains nicotine in liquid or gel form, whether or not combined with another substance or substances, for use in a tobacco product, as defined herein. The term does not include a container containing nicotine in a cartridge that is sold, marketed or intended for use in a tobacco product, as defined herein, if the cartridge is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer.

Listed or Non-Discounted Price: The higher of the price listed for a tobacco product on its package or the price listed on any related shelving, posting, advertising or display at the place where the tobacco product is sold or offered for sale plus all applicable taxes if such taxes are not included in the state price, and before the application of any discounts or coupons.

Minimum Legal Sales Age (MLSA): The age an individual must be before that individual can be sold a tobacco product in Middleborough.

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 making cigarettes, cigars or other tobacco products. RYO machines located in private homes used for solely personal consumption are not Non-Residential RYO machines.

Permit Holder: Any person engaged in the sale or distribution of tobacco products that applies for and receives a tobacco product sales permit or any person who is required to apply for a Tobacco Product Sales Permit pursuant to these regulations, or his or her business agent.

Person: Any individual, firm, partnership, association, corporation, company or organization of any kind, including but not limited to, an owner, operator, manager, proprietor or person in charge of any establishment, business or retail store.

Self-Service Display: Any display from which customers may select a tobacco product, as defined herein, without assistance from an employee or store personnel.

Schools: Public or private elementary or secondary schools.

Smoke Constituent: Any chemical or chemical compound in mainstream or sidestream tobacco smoke that either transfers from any component of the tobacco product to the smoke or that is formed by the combustion or heating of tobacco, additives or other component of the tobacco product.

Smoking Bar: Smoking Bar means an establishment that: (1) exclusively occupies an enclosed indoor space and is primarily engaged in the retail sale of tobacco products for consumption by customers on the premises only; (2) derives revenue from the sale of food, alcohol or other beverages that is incidental to the sale of a tobacco product and prohibits entry to a person younger than 21 years of age; (3) prohibits a food or beverage not sold directly by the establishment from being consumed on the premises; (4) maintains a valid permit for the retail sale of a tobacco product as required to be issued by the appropriate authority in the city, town, or other legally constituted governmental unit within the Commonwealth in which the establishment is located; and (5) maintains a valid pe1mit issued by the department of revenue to operate as a smoking bar.

Tobacco Product Flavor Enhancer: any product designed, manufactured, produced, marketed, or sold to produce a characterizing flavor when added to any tobacco product.

Tobacco Product: Any product containing, made, or derived from tobacco or nicotine that is intended for human consumption, whether smoked, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to: cigarettes, cigars, little cigars, chewing tobacco, pipe tobacco, snuff; or electronic cigarettes, electronic cigars, electronic pipes, electronic nicotine delivery systems or any other similar products that rely on vaporization or aerosolization regardless of nicotine content in the product; provided, however, that “tobacco product” shall also include any component, part or accessory of a tobacco product; and provided further, that “tobacco product” shall not include a product that has been approved by the United States Food and Drug Administration for the sale of or use as a tobacco cessation product and is marketed and sold exclusively for the approved purpose.

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 or any other tobacco products, as defined herein.

D. Tobacco Sales to Persons Under the Minimum Legal Sales Age Prohibited:
1. No person shall sell or provide a tobacco product, as defined herein, to a person under the minimum legal sales age of twenty-one (21) years old. The minimum legal sales age in Middleborough is in conformance with state law.

E. Required Signage:
1. All retail establishments, including smoking bars and retail tobacco stores, shall conspicuously post signage, in the form developed and made available by the Department. Such signage shall include:
(a) a copy of M.G.L. c. 270, §§ 6 and 6A;
(b) referral information for smoking cessation resources;
(c) a statement that sale of tobacco products, including e-cigarettes, to someone younger than 21 years old is prohibited;
(d) health warnings associated with using electronic nicotine delivery systems; and
(e) except in the case of smoking bars, notice to consumers that the sale of flavored tobacco products are prohibited at all times. Such signage shall be posted conspicuously 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 feet or greater than nine feet from the floor.

(2) All smoking bars and adult only retail tobacco stores shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall state that “No person younger than 21 years old is permitted on the premises at any time.11

(3) All smoking bars and adult only retail tobacco stores that allow for on-site consumption of tobacco products shall post signage, in the form developed and made available by the Massachusetts Department of Public Health, on the exterior of the door providing entrance to the tobacco retail store or smoking bar and such sign shall not be obstructed from view or placed at a height of less than four feet or greater than nine from the bottom of the door. Such signage shall warn persons entering that smoking and vaping may be present on the premises, and provide information concerning the health risks associated with second hand smoke and the use of tobacco products, including electronic nicotine delivery systems.

F. Identification:

1. Each person selling or distributing tobacco products, or admitting entrance into a smoking bar or adult only retail tobacco store, 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 at least 21 years of age or older.

2. All retail sales of tobacco products, as defined herein, must be face to face between the seller and the buyer and occur at the permitted location. (Exemption for approved vending machine.)

G. Tobacco Product Sales Permit:

1. No person shall sell or otherwise distribute tobacco products, as defined herein, within the town of Middleborough without first obtaining a Tobacco Product Sales Permit issued annually by the Middleborough Board of Health. Only owners of establishments with a permanent, non-mobile location in Middleborough are eligible to apply for a permit and sell tobacco products, as defined herein, at the specified location in Middleborough.

2. As part of the Tobacco Product Sales Permit application process, the applicant will be provided with Middleborough 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 product sales regarding federal, state and local laws about the sale of tobacco and this regulation.

3. Each applicant who sells tobacco products is required to provide proof of a current Tobacco Retailer License issued by the Massachusetts Department of Revenue, when required by state law, before a Tobacco Product Sales Permit can be issued. Applicants may be asked to provide evidence that a legitimate business transfer or business purchase has taken place.

4. A separate permit, displayed conspicuously, is required for each retail establishment selling tobacco products, as defined herein. A fee for this permit shall be determined by the Middleborough Board of Health. All such permits shall be renewed annually by January 1. Renewal applications are to be submitted to the Health Department by November 30th prior to expiration of existing permits.

5. A Tobacco Product Sales Permit is non-transferable. A new owner of an establishment that sells tobacco products, as defined herein, 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.

6. Issuance of a Tobacco 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 and with the understanding that compliance checks may be conducted on a periodic basis.

7. A Tobacco 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 the permit holder has not satisfied any outstanding permit suspensions.

8. Maximum Number of Tobacco Product Sales Permits.

a. At any given time, there shall be no more than 30 Tobacco Product Sales Permits issued in the town of Middleborough No permit renewal will be denied based on the requirements of this subsection except any permit holder who has failed to renew his or her permit within thirty (30) days of expiration will be treated as a first-time permit applicant. New applicants for permits who are applying at a time when the maximum number of permits have been issued will be placed on a waiting list and will be eligible to apply for a permit on a “first- come, first-served” basis as issued permits are either not renewed, revoked, or are returned to the Board of Health.

b. A Tobacco Product Sales Permit shall not be issued to any new applicant for a retail location within five hundred (500) feet of a public or private elementary or secondary school as measured by a straight line from the nearest point of the property line of the school to the nearest point of the property line of the site of the applicant’s business premises.

c. Applicants who purchase or acquire an existing business that holds a valid Tobacco Product Sales Permit at the time of the sale or acquisition of said business must apply within sixty (60) days of such sale or acquisition for the permit held by the Current Permit Holder if the Applicant intends to sell tobacco products, as defined herein.

H. Cigar Sales Regulated:
1. No person shall sell or distribute or cause to be sold or distributed a single cigar unless such cigar is priced for retail sale at two dollars and fifty cents ($2.50) or more.

2. No person shall sell or distribute or cause to be sold or distributed any original factory- wrapped package of two or more cigars, unless such package is priced for retail sale at five dollars ($5.00) or more.

3. This Section shall not apply to 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 Middleborough.

4. The Middleborough 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.

I. Sale of Flavored Tobacco Products Prohibited:
No person shall sell or distribute or cause to be sold or distributed any flavored tobacco product, any flavored tobacco product enhancers, any flavored wraps or flavored rolling papers.

J. Prohibition of the Sale of Blunt Wraps:
Blunt wraps, as defined herein shall only be sold at Adult-Only Retail Tobacco Stores in the town of Middleborough. Flavored blunt wraps, flavored rolling papers or any other form of flavored wraps are prohibited from being sold in Middleborough regardless of store being sold at.

K. Free Distribution and Coupon Redemption:
No person shall:

1. Distribute or cause to be distributed, any free samples of tobacco products, as defined herein;

2. Accept or redeem, offer to accept or redeem, or cause or hire any person to accept or redeem or offer to accept or redeem any coupon that provides any tobacco product, as defined herein, without charge or for less than the listed or non-discounted price; or

3. Sell a tobacco product, as defined herein, to consumers through any multi-pack discounts (e.g., “buy-two-get-one-free”) or otherwise provide or distribute to consumers any tobacco product, as defined herein, without charge or for less than the listed or non-discounted price in exchange for the purchase of any other tobacco product.

L. Out-of-Package Sales:
1. The sale or distribution of tobacco products, as defined herein, in any form other than an original factory-wrapped package is prohibited, including the repackaging or dispensing of any tobacco product, as defined herein, for retail sale. 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.

2. Permit holders who sell Liquid Nicotine Containers must comply with the provisions of 310 CMR 30.000, and must provide the Middleborough Board of Health with a written plan for disposal of said product, including disposal plans for any breakage, spillage or expiration of the product.

3. All permit holders must comply with 940 CMR 21.05 which reads: “It shall be an unfair or deceptive act or practice for any person to sell or distribute nicotine in a liquid or gel substance in Massachusetts after March 15, 2016 unless the liquid or gel product is contained in a child- resistant package that, at a minimum, meets the standard for special packaging as set forth in 15
U.S. C.§§1471 through 1476 and 16 CFR §1700 et.Seq.”

4. No permit holder shall refill a cartridge that is prefilled and sealed by the manufacturer and not intended to be opened by the consumer or retailer

M. Self-Service Displays:
All self-service displays of tobacco products, as defined herein, are prohibited. All humidors including, but not limited to, walk-in humidors must be locked. The only self-service displays that are permissible pursuant to U.S. FDA and Massachusetts Attorney General regulations are displays that are located in Retail Tobacco Stores that ensure that no person younger than the MLSA is present, or permitted to enter, at any time.

N. Vending Machines:
All tobacco and/or nicotine delivery product vending machines are prohibited

O. Non-Residential Roll-Your-Own Machines:
All Non-Residential Roll-Your-Own machines are prohibited.

P. Prohibition of the Sale of Tobacco Products by Health Care Institutions:
No health care institution located in Middleborough shall sell or cause to be sold tobacco products, as defined herein. No retail establishment that operates or has a health care institution within it, such as a pharmacy, optician/optometrist or drug store, shall sell or cause to be sold tobacco products, as defined herein.

Q. Prohibition of the Sale of Tobacco Products by Educational Institutions:
No educational institution located in Middleborough shall sell or cause to be sold tobacco products, as defined herein. This includes all educational institutions as well as any retail establishments that operate on the property of an educational institution.

R. Incorporation of State Laws and State Regulations:
1. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at M.G.L. Ch. 270, §§6, 6A, 7, 28, 29 and M.G.L. Ch. 112, §61A.

2. The sale or distribution of tobacco products, as defined herein, must comply with those provisions found at 940 CMR 21.00 (“Sale and Distribution of Cigarettes, Smokeless Tobacco Products, and Electronic Smoking Devices in Massachusetts”) and 940 CMR 22.00 (“Sale and Distribution of Cigars in Massachusetts”).

S. 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. The violator shall receive:
a. In the case of a first violation, a fine of one thousand dollars ($1,000).

b. In the case of a second violation within 36 months of the date of the current violation, a fine of two thousand dollars ($2,000) and the Tobacco Product Sales Permit seven (7) consecutive business days.

c. In the case of three or more violations within a 36 month period, a fine of five thousand dollars ($5,000) and the Tobacco Product Sales Permit shall be suspended for thirty (30) consecutive business days.

2. In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products 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. Multiple tobacco product sales permit suspensions shall not be served concurrently.

3. The Middleborough Board of Health shall provide notice of the intent to suspend or revoke a Tobacco 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 therefor in writing. After a hearing, the Middleborough Board of Health shall or may suspend or revoke the Tobacco Product Sales Permit if the Board of Health finds that a violation of this regulation occurred. All tobacco products, as defined herein, shall be removed from the retail establishment upon suspension or revocation of the Tobacco Product Sales Permit. Failure to remove all tobacco products, as defined herein, shall constitute a separate violation of this regulation.

T. 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 21D.

U. Separate Violations:
Each day any violation exists shall be deemed to be a separate offense.

V. Enforcement:
Enforcement of this regulation shall be by the Middleborough 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 Middleborough Board of Health or its designated agent(s) and the Board shall investigate.

W. Severability:
If any provision of this regulation is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.

X. Effective Date:

This regulation shall take effect on January 28, 2025

ADOPTED: January 27, 2025
PUBLISHED: February 12, 2025

Kayla Smith, Health Agent

Middleborough Select Board/ Board of Health
Mark Gelmain, Chair
Brian Giovanoni, Vice Chair
Thomas White
Theresa Kelly Farley
William C. Pike, Jr.