MARLBOROUGH – Changes to the city’s tobacco regulations could reduce the number of establishments allowed to sell cigarettes and other products.
The Board of Health voted to approve these changes at its meeting on Tuesday, Dec. 10.
Currently, the city has 34 permits for tobacco product sales (mainly convenience stores that sell cigarettes, cigars, etc.); and six permits that were issued to adult-only retail tobacco sales (businesses that sell only tobacco products, but not food, beverages or alcohol).
The main reason behind the proposed rollback is to reduce access to tobacco products, especially to those under the age of 25.
Under the city’s current regulations, retail establishments are not allowed to sell tobacco products to anyone under the age of 21 years.
Under the new regulations, “any tobacco product sales permits that are surrendered, revoked or not renewed, either because a retailer no longer sells tobacco products, or because a retailer closes the retail business, shall be returned to the Marlborough Board of Health and shall be permanently retired by the Board of Health.”
The total allowable number of permits will be reduced until the city has no more than three permits for adult-only retail tobacco sales, and 25 tobacco product sales permits.
Under either category, any permit holder who fails to renew their permit within 30 days of expiration will be treated as a first-time applicant, according to the proposed changes.
After the reductions are made, new applicants for permits will be placed on a waiting list, and they will be eligible to apply for a permit on a first-come, first-serve basis.
Those wishing to sell their business, and hold a valid permit, may transfer the permit to the purchaser, subject to approval by the Board of Health.
In addition, new tobacco product sales permits will not be issued for retail locations within 500 feet of a public or private elementary or secondary school; nor 500 feet of an existing retailer with a valid tobacco product sales permit.
Nicotine-free generation
The Board of Health is also considering whether to take part in “nicotine-free generation,” a program that would further restrict access to tobacco products.
Board of Health Director Paul Dinwoodie said it was introduced to him during a directors’ meeting.
First enacted in Brookline, the program bars anyone born after a certain date from purchasing tobacco products.
“The town or city would pick a date — any person born after that certain date would not be able to purchase tobacco products in that community,” said Dinwoodie.
During a recent meeting, the board heard from Anthony Ishak, who helped introduce the restrictions to Brookline.
Members of the Board of Health agreed to have it brought before the mayor and City Council sometime in 2025. It could be a referendum question at the next municipal election in November 2025.
Currently, the restriction varies from community to community; several state legislators said they would file a bill in early 2025 to have the ban expanded statewide.
