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2 | 2 | | SENATE DOCKET, NO. 353 FILED ON: 1/12/2025 |
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3 | 3 | | SENATE . . . . . . . . . . . . . . No. 270 |
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4 | 4 | | The Commonwealth of Massachusetts |
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5 | 5 | | _________________ |
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6 | 6 | | PRESENTED BY: |
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7 | 7 | | Patrick M. O'Connor |
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8 | 8 | | _________________ |
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9 | 9 | | To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General |
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10 | 10 | | Court assembled: |
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11 | 11 | | The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill: |
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12 | 12 | | An Act relative to small businesses and the sale of certain cultural products. |
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13 | 13 | | _______________ |
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14 | 14 | | PETITION OF: |
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15 | 15 | | NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2 |
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16 | 16 | | SENATE DOCKET, NO. 353 FILED ON: 1/12/2025 |
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17 | 17 | | SENATE . . . . . . . . . . . . . . No. 270 |
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18 | 18 | | By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 270) of Patrick M. O'Connor for |
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19 | 19 | | legislation relative to small businesses and the sale of certain cultural products. Consumer |
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20 | 20 | | Protection and Professional Licensure. |
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21 | 21 | | [SIMILAR MATTER FILED IN PREVIOUS SESSION |
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22 | 22 | | SEE SENATE, NO. 205 OF 2023-2024.] |
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23 | 23 | | The Commonwealth of Massachusetts |
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24 | 24 | | _______________ |
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25 | 25 | | In the One Hundred and Ninety-Fourth General Court |
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26 | 26 | | (2025-2026) |
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27 | 27 | | _______________ |
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28 | 28 | | An Act relative to small businesses and the sale of certain cultural products. |
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29 | 29 | | Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority |
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30 | 30 | | of the same, as follows: |
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31 | 31 | | 1 SECTION 1. For the purposes of this Act, the following terms shall have the flowing |
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32 | 32 | | 2meanings:- |
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33 | 33 | | 3 “Hookah," a type of waterpipe used to smoked shisha or other tobacco products with a |
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34 | 34 | | 4long flexible tube for drawing aerosol through water. Components of a hookah may include |
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35 | 35 | | 5heads, stems, bowls, and hoses. |
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36 | 36 | | 6 “Shisha Tobacco Product," a tobacco product smoked or intended to be smoked in a |
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37 | 37 | | 7hookah and includes and may be referred to as, hookah tobacco, waterpipe tobacco, maasel, |
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38 | 38 | | 8narghile, and argileh. 2 of 2 |
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39 | 39 | | 9 SECTION 2. The provisions of Chapter 133 of the Acts of 2019 shall not apply to the |
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40 | 40 | | 10sale of shisha tobacco products by a hookah tobacco retailer if all of the following conditions are |
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41 | 41 | | 11met: |
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42 | 42 | | 12 (1) The hookah tobacco retailer has a valid license to sell tobacco products issued in the |
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43 | 43 | | 13Commonwealth. |
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44 | 44 | | 14 (2) The hookah tobacco retailer does not permit the sale of any shisha or hookah products |
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45 | 45 | | 15to any person under 21 years of age. |
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46 | 46 | | 16 (3) The hookah tobacco retailer shall keep hookah tobacco products in a locked case only |
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47 | 47 | | 17to be accessed by store personnel who are over the age of 21. |
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48 | 48 | | 18 (4) Every hookah tobacco transaction shall require the seller to request a valid |
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49 | 49 | | 19Massachusetts issued identification or valid identification issued by another state or territory of |
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50 | 50 | | 20the United States or a passport recognized by the United States as valid identification. |
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51 | 51 | | 21 (5) Each hookah tobacco transaction shall be recorded by the seller in a manner |
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52 | 52 | | 22prescribed by the Department of Public Health. |
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53 | 53 | | 23 (6) The hookah tobacco retailer shall operate in accordance with all relevant state and |
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54 | 54 | | 24federal laws relating to the sale of tobacco products. |
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55 | 55 | | 25 SECTION 3. A tobacco retailer, or agent or employee of a tobacco retailer, who violates |
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56 | 56 | | 26this section is guilty of an infraction and shall be punished by a fine of five hundred dollars |
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57 | 57 | | 27($500) for each violation of this section. |
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58 | 58 | | 28 SECTION 4. The Department of Public Health shall promulgate rules and regulations to |
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59 | 59 | | 29implement the provisions of this act. |
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