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Board of Aldermen 04-09-2019 Page 31

top level people. | just find that odd. | asked myself what other departments do people not come to work
and we don’t know. To me if you’re not going to come to work you should call Human Resources; say |
have a sick or have a reason but not just your boss. This just totally feel through | don’t know where and it
went on for a long time. We really flushed half a million dollars down the drain in that position in 3 % years
with benefits and everything else. That is expensive and it was very damaging. When | look back at — I'll
end it with this comment and | thought about it last night. When | had my first interface with our ex-chief
and | tried to address the valuation of my property which at the time was $700,000.00 a year and a half
ago. | had a brutal conversation on the phone where he was unrelenting and punishing that it was fair, it
was right, there were no issues in his office. | look back at that now and think “how screwed were we”.
Because this was a chief who knew what the equalization ratio was and | didn’t, none of you probably did
either.

So when I’m on the phone going “$700,000.00 is outrageous for the value of my home”, that was really the
assessment, at the time the ratio was about 80%. So the sales value of my home was actually
$840,000.00; | was upset at $700,000.00 but this guy knew, talking to me, and I’ve got a lady here who is
upset whose home is, | know what the ratio is, her home is really got a value of $840,000.00 and I’m telling
her, “you're fine, don’t bother coming in, I’m not looking into, don’t bother me, you bought it, you own, pay it,
that’s it’. If that doesn’t tell you how much it is us against them when that’s going on, and we were totally
taken because we didn’t understand the ratio. And I’ve done a lot to understand what that means when
you are looking at your value. So thank you.

REMARKS BY THE MEMBERS OF THE BOARD OF ALDERMEN

Alderman Schmidt
I’d like to apologize for the little error that | made earlier, | am very sorry everyone, I'll get better.
Alderman Jette

So | am a little disappointed that things didn’t go the way | expected they would go tonight on the tobacco
ordinance. But it has gone back to Committee and | think you all know that I’ve spent a lot of time on this.
I’ve done a lot of research, I’ve talked to a lot of people, I’ve become quite knowledgeable in this area, not
based on my own information but based upon readings and talking to people. So if anybody has any
questions, I’ve sent you all e-mails asking you to call me with any questions that you may have. | think
those of you who have talked to me have known that I’m receptive to suggestions and I’ve tried to be very
fair in presenting a balanced view of what the information is that’s out there. So | look forward to the next
Personnel Administration Affairs Committee to see if we can come up with either the original ordinance or
an amended version of it that you will all feel comfortable supporting.

| feel that this is the right thing to do and | hope that you all work with me and if you have an objection to it,
you know, voice your objection to me so | can attempt to meet it.

On another note, this weekend | had the opportunity to get on my bicycle and enjoy the great weather that
we had and | have personally encountered — | went through my Ward, I’ve encountered a lot of the pot
holes that people have referred to. And | encourage people to report those pot holes to the Department of
Public Works. My own personal experience has been when I’ve reported them and it is not because | am
an Alderman, | think they react to any report of a pot hole, they try to go out there and fix it. So | encourage
people to report those by contact it’s DPVWWRequest@NashuaNH.gov and if they don’t respond, let me know
and I’ll try to make sure it gets taken care of.

On a very high note, on my bicycle ride, | was going down Gilson Road and | encountered a woman who
lives in the Tangle Wood Drive area with a wheelbarrow, gloves, and trash bags and she was cleaning up
the trash along Gilson Road all by herself. | stopped and introduced myself and thanked her for doing that
and | hope that to be able to organize to some degree some kind of a day, maybe in early May, to
encourage residents, especially in Ward 5 to do the same type of thing that this woman was doing. The

Board of Aldermen 04-09-2019 Page 32

Department of Public Works has told me that they cannot afford to clean up the roads, even on land owned
by the City. They say they can’t afford to clean that. So it’s up to us residents as volunteers to do it. The
Department will provide us with gloves and bags and we can just leave the bags of trash and they will come
and pick it up. So look forward to that and | encourage all the other Aldermen to do something similar in
their Wards so we can help keep the City neat and clean. Thank you.

Alderwoman Melizzi-Golja

Yes thank you, Alderman Jette’s talk about being out in the nicer weather than we were having this evening
reminded me that in the past week | have received 3 reports of bears. One was in our conservation area
and | just think you know the Southern part of New Hampshire, we have parks and we have conservation
area which adjoins conversation area in Massachusetts. So our bears have large roaming areas. There
was a bear over in the Maplewood/Cherrywood area who took down some suet feeders and bird feeders
which Fish & Game told us in the middle of March should be removed; so please remove those. And there
seems to be a bear going up and down the hill between Shakespeare and the Flatley Property and
Bicentennial School who has also removed a number of bird feeders. So | would just remind people, take
down your suet feeders, take down your bird feeders. The bears are waking up, they are hungry, keep
your garbage closed and once things are out there for them to eat, if you want to put your bird feeders back
up in June, go ahead and do it. But right now your bird feeders are a feeding station for bears. So just a
reminder to be careful especially if you are out and about walking at night with your dog or whatever.

Vice President O’Brien

Fair advice, given up on the finch, you want a bear, keep your bird feeder out.

Alderwoman Kelly

Almost from bears to chickens, the new Ordinance is in effect and | know people are starting to look into.
There is an evening of information for anyone who is looking to do backyard chickens tomorrow night at the
Library at 7:00 p.m. It should be in your mailbox. We encourage people who are interested in this to come
out and learn the safe way to do this and hopefully bring this to the community that way.

| just want to thank people for supporting both the amendment to get the Student Members on board at the
Energy & Environment Committee, we have a couple students in mind who have really gotten interested in
the Committee and really brought some great information to us. They are pretty passionate about what
they want to get done. So thank you for that.

The Conservation Land which will be sent was a legacy of Brian so | am excited to see that go through as
well. So Saturday, 10:00 a.m. City Steps is a park clean-up, myself and members of the Energy &
Environment Committee will be helping Great American Downtown get that kicked off. Last year we had
200 people go out so | am hoping for a few more. So come on out and help us, hopefully it will be a nice
day for it.

Alderman Lopez

So first | just want to get this out of the way. With regards to the smoking ordinance, | wasn’t aware that the
ordinance had been altered due to any legal issues with it; that is what | understood some public comment
to be saying that it had to be modified because of legal. | have had no information to that effect. And then
second, there is considerable public argument that this is an indictment of the ability of an 18, 19, or 20
year old to choose. So | just want to clarify as someone who has a Masters Level Clinician and does a lot
of work with people in addiction that when doctors are talking about brain development and maturity; they
are not passing a value judgement on it. | could not think of a better analogy during the meeting but
basically they are thinking maturity in terms of like cooking time. Like there is a certain point where your
brain is no longer still as malleable still much more prone to developing pathways. So that’s what they
mean by younger people are more susceptible to it. It’s not necessarily that your judgement is impaired at

Board of Aldermen 04-09-2019 Page 33

an age just because of the age. Like when you drink a beer, your choosing to drink the beverage but you’re
not choosing when you get drunk or how drunk you are; that’s just happening as a chemical process. So |
felt the need to point that out but there was never really an opening for it.

The second thing is just reminding my constituents, many of whom have seen me repeatedly posting about
it. I’m going to be in Honduras next week from Wednesday to the following Wednesday. | will still try to
attend meetings remotely if possible but it’s a third world country and internet is pretty spotty. I’m looking
forward to it; it’s an opportunity to see people that I’ve been working with for years trying to help them
empower their community; build their businesses up and their own opportunities. And it’s not very far away
from where many people are fleeing from that has been of obvious public concern and has been
represented in the news. So there’s many ways to do things, sometimes you can trust the government to
do it; sometimes you just have to go do it.

The next thing is volunteer day, | was going to mention that but Shoshanna Kelly kind of beat me to it.
Great American Downtown has one scheduled for this Saturday at 10:00 a.m. and there have been a
number of people cleaning up the trail ever since the snow left. So | want to thank everybody who has been
doing that. | know the Rough Riders were out doing a section over by Palm Square, so do not litter there.
And | wanted to also thank Mayor Donchess and Director Fauteux; residents have been asking for garbage
cans on the Heritage Rail Trail and on the Library Walk for some time. We received confirmation that
garbage cans will be placed there, hopefully in time for the clean-up. So | am very grateful for that.

Alderman Klee

I’d like to address a couple things. First off my re-referring, | hope you didn’t take that personal in any way |
really do feel that some of the things that were coming through that came through in that e-mail, | do have
some concerns about that and | would like the Committee to address that. But | also want to clarify
something that | heard the public state and | mean no disrespect to anybody who said that. But | don’t
believe for one second that that Bill in any way is an attack on businesses; | believe that it was done in
good faith and with good heart. So anyone who feels that anybody was trying to, regardless of how they
vote, | don’t believe anybody on this Committee would attack businesses, | think they are very pro-business
and | want to get that out to be very clear.

In reference to potholes, | will agree with what Alderman Jette. | personally have put in and it was taken
care, but | ask my constituents when they call me to complain about a pothole to use that DW/PRequest. |
get back great feedback, within a day, two days, that pothole has been filled. So | want to commend DPW
on that very thing.

As far as bears are concerned, they are not just in the south. | live on the outskirts of Greeley Park and the
bears are out and about and baby bears are coming out at this time too. So | am going to ask all members,
all citizens of this, you see it, it’s fine, take a picture from a distance, do not chase after it because they are
more afraid of you than you are of them and they will probably go into a crowd, get hurt and we already
know what happened to a bear just within a couple of years ago. So if you really do love animals, leave
them alone. Thank you.

Alderman Lopez

I’m sorry | needed a second turn because | forgot something. | wanted to congratulate Alderman O’Brien for
his presiding over us tonight, it was not an easy meeting and | appreciate the way you handled the public
comment. There were a lot of people with things to say and | feel like you gave them a good chance but
you were also pretty fair to the overall agenda.

Vice President O’Brien

Thank you sir. Thank you.

Board of Aldermen 04-09-2019 Page 34

Alderwoman Kelly

If we are going backwards, Paul Shea just said to remind people that you have to bring your own rakes and
gloves and stuff on Saturday.

Vice President O’Brien

| would just like to take a moment to express publicly my condolences to Corporate Counsel Steven Bolton
on the passing of this mother. Us Irishmen have this old song, you never miss until a mother’s love until
she’s buried beneath the clay. And God, us Irish love our mothers, so the thoughts and prayers from the
O’Brien Clan go out to the Bolton Clan at this very difficult time that you are going through. | wish your
family the best of luck. My other thing on a more lighter type of note, thank you for putting up with me on
my first time driving untethered, so | appreciate it, you all were great. | think we had a tough meeting
tonight and | think we got it down nicely. So | thank you all. It has been my pleasure serving with you and
my pleasure presiding this evening. But Lori, you can have your job back.

We have a request for a unanimous consent by Alderwoman Melizzi-Golja.

Committee announcements:

Alderman Caron

Yes thank you. There is a special Personnel meeting next Monday the 15" at 7:00 and that is to discuss
the Charter Change for Election of Members to the Various Boards and that is the only thing on the

agenda.

Alderwoman Melizzi-Golja

PEDC will be a week from this evening in this Chamber and we will be starting with a Public Hearing
regarding an amendment to the sign ordinance, regarding the size of numbers and letters on the sign. So
next Tuesday.

Vice President O’Brien

So unanimous consent by Alderwoman Melizzi-Golja.

Alderwoman Melizzi-Golja

Ok so — you gave me a perfect opening. It is Spring, people are getting chickens, they are going to be
building chicken coops. 5 hens, no rooster and just when you set it up and build it be aware of the
proximity to your abutters. Enjoy.

Vice President O’Brien

Very good, very nicely done. And after receiving such a prestigious award there, do you have a motion
Alderwoman Kelly.

ADJOURNMENT
MOTION BY ALDERMAN KELLY THAT THE APRIL 9, 2019, MEETING OF THE BOARD

OF ALDERMEN BE ADJOURNED
MOTION CARRIED

The meeting was declared adjourned at 10:02 p.m.
Attest: Patricia D. Piecuch City Clerk

et

American American

SUPPORT Tobacco21 Heart | Stroke

Association | Association-
life is why

The American Heart Association supports efforts in the City of Nashua to pass an ordinance to raise the legal sale age
for tobacco from 18 to 21 years. This initiative will reduce tobacco use among young people, save lives and help
make the next generation tobacco-free!

There are approximately 193,300 adult smokers in New Hampshire. Currently, 7.8 percent of New Hampshire high
school students smoke and 23.8% report using electronic cigarettes. Statistics show that 1,900 New Hampshire
adults die each year from their own smoking and sadly, 22,000 kids now under 18 and alive in New Hampshire will
ultimately die prematurely from smoking. Among the smoking population, tobacco use costs New Hampshire $729
million per year in annual health care costs.?

Raising the Minimum Legal Sale Age (MLSA) to 21 Will Help Save Lives
A March 2015 report by the Institute of Medicine (now called the National Academy of Medicine) found that raising
the tobacco sale age to 21 will have a substantial positive impact on public health and save lives.? The 1OM predicted
that raising the tobacco sale age will:

e significantly reduce the number of adolescents and young adults who start smoking;

e reduce smoking-caused deaths, and

e immediately improve the health of adolescents, young adults and young mothers who would be deterred

from smoking, as well as their children.

Most Adult Smokers Start Smoking Before Age 21

National data show that about 95 percent of adult smokers begin smoking before they turn 21.3 The ages of 18 to 21
are also a critical period when many smokers move from experimental smoking to regular, daily use.4

Nicotine is addictive, and adolescents and young adults are more susceptible to its effects because their brains are
still developing.’ Delaying the age when young people first experiment with or begin using tobacco can reduce the
risk that they will become addicted smokers.®

Tobacco Companies Target Kids and Young Adults

Tobacco companies intentionally market to kids and young adults in order to recruit “replacement smokers” and
protect company profits. They know nearly all users become addicted before age 21. Increasing the tobacco sale age
to 21 will help counter the efforts of the tobacco companies to target young people at a critical time when many
move from experimenting with tobacco to becoming regular smokers.

Raising the Sale Age Will Help Keep Tobacco Out of High Schools

Research shows that kids often turn to older friends and classmates as sources of cigarettes.’ Raising the tobacco
sale age to 21 would reduce the likelihood that a high school student will be able to legally purchase tobacco
products for other students and underage friends.®

Raising the Sale Age Has Broad Public Support
A survey by the Centers for Disease Control and Prevention found that 75 percent of adults — including 7 in 10
smokers — support increasing the minimum legal sale age for tobacco products to 21.°

It’s Happening Across the Country!
Maine, Massachusetts & several other states have increased the MLSA for tobacco products to 21. The
Massachusetts state law came about after almost half of the towns passed local T21 policies.

+ Campaign for Tobacco-Free Kids, The Toll of Tobacco in New Hampshire, updated June 20, 2018,
https://www.tobaccofreekids.org/facts_issues/toll_us/new_hampshire.

* Institute of Medicine, Public Health Implications of Raising the Minimum Age of Legal Access to Tobacco Products, Washington, DC: The National Academies
Press, 2015, http://www.nationalacademies.org/hmd/Reports/2015/TobaccoMinimumAgeRepo…; In addition, a recent study suggests that raising the sale
age to 21 is a promising practice, finding that the policy contributed to a greater decline in youth smoking in one community that passed a 21 ordinance
compared to comparison communities that did not pass an ordinance restricting tobacco product sales to 21 and older. While the results are promising, the
magnitude of the impact is unknown given that there are no baseline measurements and there were confounding issues that were not controlled for. See Kessel
Schneider, S. et al, “Community reductions in youth smoking after raising the minimum tobacco sales age to 21,” Tobacco Control, June 12, 2015,
http://tobaccocontrol.bmj.com/content/early/2015/06/12/tobaccocontrol-2…

3 United States Department of Health and Human Services. Substance Abuse and Mental Health Services Administration. Center for Behavioral Health Statistics
and Quality. National Survey on Drug Use and Health, 2014. ICPSR36361-v1. Ann Arbor, MI: Inter-university Consortium for Political and Social Research
[distributor], 2016-03-22. http://doi.org/10.3886/ICPSR36361.v1; see also Institute of Medicine, Public Health Implications of Raising the Minimum Age of Legal
Access to Tobacco Products, Washington, DC: The National Academies Press, 2015.

“Calculated based on data in the National Survey on Drug Use and Health, 2014, http://www. icpsr.umich.edu/icpsrweb/SAMHDA/. See also: Hammond, D,
“Smoking behaviour among young adults: beyond youth prevention,” Tobacco Control, 14:181— 185, 2005. Lantz, PM, “Smoking on the rise among young adults:
implications for research and policy,” Tobacco Control, 12(Suppl !):i60 — i170, 2003.

°U.S. Department of Health and Human Services. The Health Consequences of Smoking: 50 Years of Progress. A Report of the Surgeon General. Atlanta, GA: U.S.
Department of Health and Human Services, Centers for Disease Control and Prevention, National Center for Chronic Disease Prevention and Health Promotion,
Office on Smoking and Health, 2014

° See, e.g., Khuder, SA, et al., “Age at Smoking Onset and its Effect on Smoking Cessation,” Addictive Behavior 24(5):673-7, September-October 1999; D’Avanzo »B,
et al., “Age at Starting Smoking and Number of Cigarettes Smoked,” Annals of Epidemiology 4(6):455-59, November 1994; Chen, J & Millar, WJ, “Age of Smoking
Initiation: Implications for Quitting,” Health Reports 9(4):39-46, Spring 1998; Everett, SA, et al., “Initiation of Cigarette Smoking and Subsequent Smoking
Behavior Among U.S. High School Students,” Preventive Medicine 29(5):327-33, November 1999; Breslau, N & Peterson, EL, “Smoking cessation in young adults:
Age at initiation of cigarette smoking and other suspected influences,” American Journal of Public Health 86(2):214-20, February 1996.

’ National Center for Education Statistics, “Enrollment Trends by Age (Indicator 1-2012),” The Condition of Education, 2012,
http://nces.ed.gov/programs/coe/pdf/coe_ope.pdf. U.S. Census Bureau, Current Population Survey, Data on School Enrollment,
http://www.census.gov/hhes/school/data/cps/index.htmi; See also. Institute of Medicine, Public Health Implications of Raising the Minimum Age of Legal Access
to Tobacco Products, Washington, DC: The National Academies Press, 2015; Ahmad, S, “Closing the youth access gap: The projected health benefits and costs
savings of a national policy to raise the legal smoking age to 21 in the United States,” Health Policy, 75:74 -

84, 2005. White, MM, et al. “Facilitating Adolescent Smoking: Who Provides the Cigarettes?” American Journal of Health Promotion, 19(5): 355 — 360, May/June
2005.

* White, MM, et al. “Facilitating Adolescent Smoking: Who Provides the Cigarettes?” American Journal of Health Promotion, 19(5): 355 — 360, May/June 2005.
Ahmad, S, “Closing the youth access gap: The projected health benefits and cost savings of a national policy to raise the legal smoking age to 21 in the United
States,” Health Policy, 75:74 — 84, 2005.

° King, Brian A., Jama, AO, Marynak, KL, and Promoff GR, “Attitudes Toward Raising the Minimum Age of Sale for Tobacco Among U.S. Adults,” American Journal
of Preventive Medicine, 2015, http://www.sciencedirect.com/science/article/pii/S0749379715002524

For additional information, please contact Nancy Vaughan, Director of Government Relations at (603) 263-8329 or
Nancy.vaughan@heart.org.

4/9/19
Re: O-19-037
Dear Honorable Nashua Board of Alderman,

Due to a prior family commitment for this evening, | am writing to apologize in advance for my
inability to personally attend this important meeting about raising the purchase of tobacco
products to the age of 21 (that would include all tobacco-related items such as cigarettes,
cigars, chewing tobacco, and electronic vaping devices).

The well-known addictive properties of nicotine, which is the main substance in all of these
above-mentioned products, is especially relevant to me as a pediatrician for the past 30 years.

The development of the mature brain does not take place until the age of 25—this fact is well-
known, scientifically supported, and indisputable. As we all know, the brain is the computer
control tower of the body, and is made up of a complex system of nerves (aka neurons) that
send and receive messages to and from all parts of the body to do everything we take for
granted—talking, walking, breathing, movement, digestion, etc.

Without these intricate series of sequentially transmitted messages being passed along from
one “nerve cell” to the next—like the game of “telephone tag” we used to do in elementary
school—we would not survive.

Each nerve cell sits next to each other separated by a small space called a “synapse,” much like
2 neighboring houses on the same street separated by a common driveway between them.

in order to get from one house to the other, the neighbors need to cross the driveway to get to
the other side. Furthermore, in order to actually enter your next-door neighbor’s house (with
permission of course ©), you need to have a specific key that allows you to enter.

This simplistic view of how these friendly neighbors co-exist with each other can now be
applied to how nicotine affects this transfer of messages. Nicotine is similar to an unwanted
intruder in the neighborhood who has somehow gotten hold of the “house key” and is able to
get into that house next door and cause havoc within.

Nicotine acts by attaching itself to the end of these same nerve cells, which in turn triggers the
release of “feel good chemicals” (such as a hormone called dopamine) that leads to the body
thinking that this good feeling is great and wonderful and wants to continue to get more and
more of this stuff, as who doesn’t like to feel good!

This deceptive action of nicotine to stimulate the increased release of “good feeling hormones”
is the beginning of addiction.

These incipient feelings of physical addiction lead to the body wanting more and more of that
which caused such a great rush or “high” in the first place. Thus, smoking, chewing, or vaping
activities increase to sustain this powerful sensation of feeling great!

This, in turn, leads to the hardest part of nicotine usage—the mental addiction—where now the
brain is fooled into thinking that the nicotine that was once considered bad is now considered
good because of the need to have more and more of it to produce the same effect—aka the
definition of “tolerance.”

In this case, more and more nicotine must be taken to reproduce the same initial effects on the
body and now the brain...

That is why trying to break the cycle of tobacco use and addiction is so extremely difficult. The
known physical ill effects and consequences of nicotine use—cancer, hypertension, stroke, etc.
to name just a few—are taken over by the brain’s false thinking that it needs more and more,
regardless of the continuing damage of nicotine upon the body itself.

As stated earlier, the adolescent brain does not fully mature until the age of 25, and so it is
more at risk than the adult brain to be fooled by this negative impact cycle and this very sneaky
and bad “home invader.”

Since the younger brain (< 25 years) continues to build better and faster “driveways,” or
synapses between nerve cells, than the older one (>25 years), the addiction potential is that
much stronger and deadlier.

| apologize again for the length of this written statement, but | am in full support of the passage
of 0-19-037 to raise the tobacco purchasing age to 21 without hesitation to allow the
developing brains of our future leaders of tomorrow—who will someday be seating in these
same seats you occupy tonight—more valuable time to not be exposed and traumatized by this
powerful and dangerous drug.

|am more than happy to meet or talk in person at another time if any member of the full Board
of Nashua Alderman would like further medical information on this critically important matter.

Respectfully Submitted,

Charles T. Cappetta, MD FAAP

Nashua Public Health Department Board of Health Member
Dartmouth Hitchcock Nashua Pediatrics

2300 Southwood Drive

Nashua, NH 03063

Phone 603-577-4400

AMENDED
O-19-037

ORDINANCE

RAISING THE AGE TO PURCHASE, SELL, OR DISTRIBUTE TOBACCO PRODUCTS
AND E-CIGARETTES FROM EIGHTEEN (18) TO TWENTY-ONE (21)

CITY OF NASHUA

In the Year Two Thousand and Nineteen

The City of Nashua ordains that Part II “General Legislation” of the Nashua Revised
Ordinances as amended, is hereby further amended by adding the following new underlined
Chapter 304 entitled “Tobacco Products and E-Cigarettes”’:

6

Chapter 304
TOBACCO PRODUCTS AND E-CIGARETTES

Article I
Purchase, Sale, and Distribution of Tobacco Products and E-Cigarettes

§ 304-1. Definitions.

The following words and phrases, when used in this Article, shall have the
following meanings:

E-CIGARETTE — Any electronic smoking device composed of a mouthpiece, a
heating element, a battery, and electronic circuits that provides a vapor of pure
nicotine mixed with propylene glycol to the user_as the user simulates smoking.
This term shall include such devices whether they are manufactured as e-cigarettes,
e-cigars, or e-pipes, or under any other product name.

LIQUID NICOTINE — Any liquid product composed either in whole or in part of
pure nicotine and propylene glycol and manufactured for use with e-cigarettes.

TOBACCO PRODUCT — Any product containing tobacco including, but not
limited to, cigarettes, smoking tobacco, cigars, chewing tobacco, snuff, pipe
tobacco, smokeless tobacco, and smokeless cigarettes.

ORDINANCE APRIL 8, 2019 PROPOSED AMENDMENTS TO O-19-037

§ 304-2. Purchase, sale, and distribution of tobacco products and e-cigarettes.

A. No person under the age of twenty-one (21) who was born after June 30,
2001 shall purchase a tobacco product, e-cigarette, or liquid nicotine.

B. No person or business shall sell, distribute, provide, or give a tobacco
product, e-cigarette, or liquid nicotine to a person under the age of twenty-
one (21) who was born after June 30, 2001.

C. For the purposes of this Article, the terms “tobacco product”, “E-cigarette”’,
and “liquid nicotine” shall include any product or device as defined in this
Article, and as defined in New Hampshire Revised Statutes Annotated
Chapter 126-K “Youth Access To and Use of Tobacco Products” as may be
amended from time to time.

D. Any person violating the provisions of this section shall be subject to a fine
of up to fifty dollars ($50.00) for a first offense, and up to one hundred
dollars ($100.00) for a second or subsequent offense.

E. Any person violating the provisions of this section who is under the age of 21 may
be required to participate in an education program regarding tobacco products, e-
cigarettes, or liquid nicotine: a program for the cessation of the use of tobacco
products, e-cigarettes, or liquid nicotine; or the completion of community service as
an alternative to the fines provided by Paragraph D.

F. Paragraph B shall not apply to mail order, phone, or internet sales providing
for delivery to purchasers in jurisdictions where such sales are legal.”

All ordinances or parts of ordinances inconsistent herewith are hereby repealed.

This legislation shall take effect on July 1, 2019.