Board of Aldermen 04-09-2019 Page 8
Apparently it looks like vape seems to be the problem but we become one of the unforeseen consequences
with this. Currently the legal age to purchase tobacco in the United States is 18 and New Hampshire and it
is 18. Today the City of Nashua is considering overstepping its boundaries as far as | am concerned in
trying to overstep the State and National Laws.
Talking about rights, you are considering taking away a 20 year adult rights. A person who can go into
legal contracts, an adult who can be sued or sue somebody; an adult who can vote, join the military, go to
war, get married and divorced, serve on a jury, have children and | believe can adopt a child even though |
heard contrary here in New Hampshire. These adults have rights and can do all this but for some reason
think they shouldn’t be allowed to make a decision to buy a tobacco product or not. That would only be in
Nashua, New Hampshire. If they do commit this crime, they would be charged as an adult, but |
understand that has been taken off the docket here today also and that’s because it turned out to be a in
illegal act Unrealistic and inappropriate legal act for a 20 year old adult who can use tobacco product now
and suffer legal consequences if they continued effectively encouraging to circumvent the law and exercise
rights currently available to them today.
Talking about money, this action would have a direct negative fiscal impact on the State Tax collected in
addition to our very own Nashua Retailers such as myself. Retailers will experience a sales decline of a
legal tobacco product to a legal aged adult and only in the City of Nashua. The City would not only restrict
the rights of a Nashua adult, 20 years old, but at the same time, hurt the Nashua businesses only. The
brick and mortar retailers who are already struggling, like all brick and mortars, to compete on-line.
Consumers can buy in the next City or buy the products on line with no consequences. It won’t stop
anybody who wants it, it will just take away the sales away from the retailers in the State including myself.
It will hurt New Hampshire businesses and nothing more. As many adults from neighboring higher State
tax, such as Massachusetts, currently purchase tobacco products in New Hampshire, the revenue lost for
the State will be considerable. | do the highest cigar sales in the United States of America, maybe the
World, at Two Guys Smoke Shop with cigars and we will be directly affected in a major way. Nashua is a
border City and the reason why | moved my business from Massachusetts to New Hampshire.
| look at other costs, Law Enforcement if they are to somehow try to control this, the cost that would happen
and the time and man hours that it would take away from the violent crimes and drug epidemic we have.
Also the increased tensions would be taking away man hours from them. Talking about the law at the
same time you should look at possible law suits that could happen if this action was to take place. The
Attorney General in New Hampshire believed that Nashua was over-stepping its boundaries and that’s why
the change we have from last week into what we have here today. New Hampshire uses Dillon’s Rule
which is not the home rule status, meaning Nashua Government may engage in activity only if it is
significantly sanctioned by the State Government. This is not, this action that is going to take place.
Nashua cannot make it a crime to possess and use tobacco, once again a reason for the change to
someone in New Hampshire. But I'll go as far as to say that this would also happen if the age was changed
in the State and we will have to let the courts decide on that. A yes vote would only hurt the sales to
retailers here in Nashua, New Hampshire and not stop the use or the possession for sure. | expect it to be
unconstitutional with the sales as well. There is no upside.
Lastly employees, part-time summer help that | may hire from year-to-year that is typically somebody going
to college and with me is one of my employees that started with me when he started college. He went
through his college years and then decided to stay with us. He’s now with our company for 25 years and
he’s not the only one. Please leave these actions to the State and Federal Government where they belong.
This is not and should not be a Nashua Board of Aldermen issue. | believe you are over-stepping your
boundaries and trying to hurt small businesses within your City only. That is not the position here that
should be taken. You are here to help us, | hope, that’s why | moved up here. US Congress has
introduced a Bill to do this nationally and has added age verification for on-line vaping products, which
doesn’t exist right now. Right now 70% of tobacco products excluding cigarettes is sold on-line; 70%, the
other 30% is for the struggling brick and mortar retailers that are out here.
