Massachusetts 2025-2026 Regular Session

Massachusetts Senate Bill S270 Compare Versions

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22 SENATE DOCKET, NO. 353 FILED ON: 1/12/2025
33 SENATE . . . . . . . . . . . . . . No. 270
44 The Commonwealth of Massachusetts
55 _________________
66 PRESENTED BY:
77 Patrick M. O'Connor
88 _________________
99 To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
1010 Court assembled:
1111 The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:
1212 An Act relative to small businesses and the sale of certain cultural products.
1313 _______________
1414 PETITION OF:
1515 NAME:DISTRICT/ADDRESS :Patrick M. O'ConnorFirst Plymouth and Norfolk 1 of 2
1616 SENATE DOCKET, NO. 353 FILED ON: 1/12/2025
1717 SENATE . . . . . . . . . . . . . . No. 270
1818 By Mr. O'Connor, a petition (accompanied by bill, Senate, No. 270) of Patrick M. O'Connor for
1919 legislation relative to small businesses and the sale of certain cultural products. Consumer
2020 Protection and Professional Licensure.
2121 [SIMILAR MATTER FILED IN PREVIOUS SESSION
2222 SEE SENATE, NO. 205 OF 2023-2024.]
2323 The Commonwealth of Massachusetts
2424 _______________
2525 In the One Hundred and Ninety-Fourth General Court
2626 (2025-2026)
2727 _______________
2828 An Act relative to small businesses and the sale of certain cultural products.
2929 Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority
3030 of the same, as follows:
3131 1 SECTION 1. For the purposes of this Act, the following terms shall have the flowing
3232 2meanings:-
3333 3 “Hookah," a type of waterpipe used to smoked shisha or other tobacco products with a
3434 4long flexible tube for drawing aerosol through water. Components of a hookah may include
3535 5heads, stems, bowls, and hoses.
3636 6 “Shisha Tobacco Product," a tobacco product smoked or intended to be smoked in a
3737 7hookah and includes and may be referred to as, hookah tobacco, waterpipe tobacco, maasel,
3838 8narghile, and argileh. 2 of 2
3939 9 SECTION 2. The provisions of Chapter 133 of the Acts of 2019 shall not apply to the
4040 10sale of shisha tobacco products by a hookah tobacco retailer if all of the following conditions are
4141 11met:
4242 12 (1) The hookah tobacco retailer has a valid license to sell tobacco products issued in the
4343 13Commonwealth.
4444 14 (2) The hookah tobacco retailer does not permit the sale of any shisha or hookah products
4545 15to any person under 21 years of age.
4646 16 (3) The hookah tobacco retailer shall keep hookah tobacco products in a locked case only
4747 17to be accessed by store personnel who are over the age of 21.
4848 18 (4) Every hookah tobacco transaction shall require the seller to request a valid
4949 19Massachusetts issued identification or valid identification issued by another state or territory of
5050 20the United States or a passport recognized by the United States as valid identification.
5151 21 (5) Each hookah tobacco transaction shall be recorded by the seller in a manner
5252 22prescribed by the Department of Public Health.
5353 23 (6) The hookah tobacco retailer shall operate in accordance with all relevant state and
5454 24federal laws relating to the sale of tobacco products.
5555 25 SECTION 3. A tobacco retailer, or agent or employee of a tobacco retailer, who violates
5656 26this section is guilty of an infraction and shall be punished by a fine of five hundred dollars
5757 27($500) for each violation of this section.
5858 28 SECTION 4. The Department of Public Health shall promulgate rules and regulations to
5959 29implement the provisions of this act.