FAIRFAX TOWN COUNCIL MEETING
STAFF REPORT
MEETING DATE February 4, 2026
PREPARED FOR Mayor and Town Council
PREPARED BY Heather Abrams, Town Manager and Janet Coleson, Town Attorney SUBJECT Adopt Ordinance 904 Amending Chapter 8.44 (Clean Indoor and Outdoor Air and Health Protection - Smoking Regulations) By Amending Definitions, Establishing Minimum Pricing for Packages of Cigarettes, Cigars, Little Cigars, And Smokeless Tobacco; Prohibiting the Redemption of Coupons and Discounts, Banning the Sale of Electronic Smoking Devices, Heated Smoking Systems and Tobacco or Nicotine Pouches; And Imposing Other Requirements
RECOMMENDATION
Adopt an Ordinance 904 Amending Chapter 8.44 (Clean Indoor and Outdoor Air and Health Protection - Smoking Regulations) By Amending Definitions, Establishing Minimum Pricing for Packages of Cigarettes, Cigars, Little Cigars, And Smokeless Tobacco; Prohibiting the Redemption of Coupons and Discounts, Banning the Sale of Electronic Smoking Devices, Heated Smoking Systems and Tobacco or Nicotine Pouches; And Imposing Other Requirements.
BACKGROUND
The Town has regulated smoking and the sale of tobacco-related products since the adoption of Chapter
8.44, Smoking Regulations, of the Fairfax Town Code. These regulations aim to protect the public from exposure to secondhand smoke and to control the sale of tobacco products within the community.
Over the years, the Town has expanded restrictions on smoking in public and private spaces, prohibited smoking in multi-unit residences, and imposed signage and posting requirements. Despite these efforts, tobacco use continues to be one of the leading causes of preventable disease and death in California.
The Marin Department of Health and Human Services (HHS) has recently adopted a model ordinance (Chapter 5.76, Marin County Code) establishing a Minimum Floor Price Law (MFPL) for tobacco and nicotine products, banning discounts, promotional sales, and the sale of electronic smoking devices and heated smoking systems. The Marin County ordinance reflects a coordinated countywide effort to strengthen local tobacco control policies, reduce youth access, and promote public health equity.
Following the County’s lead, neighboring municipalities are introducing similar ordinances to align with countywide tobacco control measures. On Monday, January 12, 2026, the Fairfax Town Council held a public hearing and introduced this ordinance.
DISCUSSION
Fairfax Ordinance 904 updates Chapter 8.44 to mirror the County of Marin’s model ordinance and adds a Fairfax-specific ban on the sale of nicotine pouches. The ordinance will:
• Establish a minimum retail price for tobacco and nicotine products, including cigarettes, cigars, little cigars, and smokeless tobacco;
• Prohibit discounts, coupons, and promotional sales on tobacco products to prevent price manipulation and undermining of the minimum price policy; • Ban the sale of electronic smoking devices, heated tobacco systems, and tobacco and nicotine pouches within Town limits;
• Require tobacco retailers to prominently display pricing and maintain conformance with federal labeling and child-resistant packaging requirements.
Ordinance 904 aligns with evidence-based public health strategies showing that higher tobacco prices correlate with decreased consumption, reduced youth initiation, and greater cessation success rates.
Studies estimate that tobacco-related illness accounts for over 40,000 deaths annually in California and approximately 230 deaths in Marin County, with $138 million in associated local healthcare costs.
Adopting this ordinance would strengthen Fairfax’s commitment to community health, support consistent countywide enforcement, and prevent tobacco industry tactics that disproportionately impact youth, low-income, and marginalized populations.
Enforcement of the new chapter would begin September 1, 2026, providing time for outreach and education to local businesses. The Marin Sheriff will lead enforcement efforts for all aspects of this ordinance and Fairfax Police Department can assist if needed.
COMMUNITY ENGAGEMENT
Phone calls and in-person visits were conducted to engage and inform tobacco retailers of this ordinance. Contact was made will all vendors. Around the time of the first reading of this ordinance the following Fairfax retailers stocked the following products which they will need to discontinue before September 1, 2026, if the ordinance is adopted at this meeting.
Name Vapes? Pouches?
FAIRFAX MARKET no no
NORTH BAY GAS no yes (just a few generic tins)
G LIQUOR WINE AND GROCERY no yes
7 ELEVEN 15957F no yes
FAIRFAX ALLIANCE (gas station, not cannabis) no yes
DON'S MARKET & LIQUOR yes yes
FISCAL IMPACT
There is no fiscal impact associated with the adoption of this ordinance.
ATTACHMENTS
Ordinance 904
ORDINANCE NO. 904
AN ORDINANCE OF THE TOWN COUNCIL OF THE TOWN OF FAIRFAX AMENDING CHAPTER 8.44 (CLEAN INDOOR AND OUTDOOR AIR AND HEALTH
PROTECTION - SMOKING REGULATIONS) BY AMENDING DEFINITIONS,
ESTABLISHING MINIMUM PRICING FOR PACKAGES OF CIGARETTES, CIGARS, LITTLE CIGARS, AND SMOKELESS TOBACCO; PROHIBITING THE REDEMPTION
OF COUPONS AND DISCOUNTS, BANNING THE SALE OF ELECTRONIC
SMOKING DEVICES, HEATED SMOKING SYSTEMS AND TOBACCO OR NICOTINE POUCHES; AND IMPOSING OTHER REQUIREMENTS
The Town Council of the Town of Fairfax hereby ordains as follows:
SECTION 1. Chapter 8.44.020 (Definitions) of the Fairfax Town Code is hereby amended to delete the following definitions:
“CIGAR”
“ELECTRONIC SMOKING DEVICE”
“TOBACCO PRODUCT”
SECTION 2. Chapter 8.44.210 (I)(1) is hereby amended to read as follows:
“(1) Any single cigar, whether packaged for individual sale, unless the price conforms to the minimum pricing set forth in Section 8.44.340(f).”
SECTION 3. Chapter 8.44.210(I)(3) is hereby deleted.
SECTION 4. Chapter 8.44.020 (Definitions) of the Fairfax Town Code is hereby amended to add the following definitions:
a) "Child-Resistant Packaging" means packaging that meets the definition set forth in the Code of Federal Regulations, Title 16, Section 1700.15(b), as in effect on January 1, 2015, and that was tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on January 1, 2015, as this definition may be amended from time to time.
b) "Cigar" means any roll of tobacco, other than a Conventional Cigarette, wrapped entirely or in part in tobacco or any substance containing tobacco and weighing more than four and one-half (4.5) pounds per thousand units.
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c) "Conventional Cigarette" means: (1) any roll of tobacco wrapped in paper or in any substance not containing tobacco; and (2) any roll of tobacco wrapped in any substance containing tobacco which, because of its appearance, the type of tobacco used in the filler, or its packaging and labeling, is likely to be offered to, or purchased by, consumers as a cigarette as described herein. For the purposes of this Chapter, 8.44, “Conventional Cigarette” does not include the cigarettes, capsules, or pods that are used with or inserted into Heated Smoking Systems. d) "Coupon" means any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. e) “Displayed Price” means the price displayed for a Tobacco Product on its packaging or on any related shelving, advertising, or display where the Tobacco Product is Sold or offered for Sale. The Displayed Price does not include taxes or fees.
f) "Electronic Smoking Device" means an electronic device that may be used to deliver any aerosolized or vaporized substance to the Person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, vape pen, e-hookah, or an electrically Heated Smoking System. “Electronic Smoking Device” includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains Nicotine. “Electronic Smoking Device” does not include any nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
g) “Full Retail Price” means the Displayed Price plus all applicable taxes and fees.
h) “Heated Smoking System” means any product or device that is designed to heat commercially grown tobacco to a temperature lower than the combustion of a Conventional Cigarette, producing an aerosol containing nicotine and other chemical compounds, which the consumer inhales. “Heated Smoking System” also means any component, part, or accessory of the product or device, including but not limited to the sticks, rods, capsules, or pods that contain commercially grown tobacco that are inserted into or intended to be used with Heated Smoking System product or device. “Heated Smoking System” includes all electrical devices, products, accessories, 2 of 10
components, and parts that are typically marketed as “heat-not-burn,” “heated tobacco products,” or “tobacco heating system” Tobacco Products.
i) "Little Cigar" means any roll of tobacco other than a Conventional Cigarette wrapped entirely or in part in tobacco or any substance containing tobacco and weighing no more than four and one-half pounds per thousand units. "Little Cigar" includes, but is not limited to, Tobacco Products known or labeled as small cigar, little cigar, or cigarillo.
j) “Nicotine” means any form of the chemical nicotine, including any salt or complex, regardless of whether the chemical is naturally or synthetically derived. Nicotine also includes Nicotine Analogs. k) “Nicotine Analog” means a substance with a chemical structure that is substantially similar to the chemical structure of Nicotine, and:
1) has an addictive effect that is substantially similar to the addictive effect as Nicotine; or
2) is represented or intended to have an effect on the central nervous system that is substantially similar to that of Nicotine.
Any communication by, or on behalf of, the manufacturer, distributor, or retailer of a Tobacco Product that indicates that the product contains a Nicotine Analog, as defined, constitutes presumptive evidence that the product contains a Nicotine Analog.
l) “Sale” or “Sell” means any transfer, exchange, barter, gift, offer for sale, or distribution for a commercial purpose, in any manner or by any means whatsoever.
m) “Smokeless Tobacco” means any product that consists of loose commercially grown tobacco that is in cut, ground, powdered, or leaf form and intended to be placed in the oral or nasal cavity. n) “Tobacco Product” means:
(1) Any product containing, made, or derived from commercially grown Tobacco or Nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, Cigarettes, Cigars, Little Cigars, Chewing Tobacco, Pipe Tobacco, and Heated Smoking Systems, Pouches, and Snuff.
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(2) Any Electronic Smoking Device that delivers Nicotine or other substances to the Person inhaling from the device, including but not limited to, an electronic cigarette, electronic cigar, electronic pipe, electronic hookah, or an electrically Heated Smoking System. (3) Notwithstanding any provisions of subsections (1) or (2) to the contrary, “Tobacco Product” includes any component part, or accessory intended or reasonably expected to be used with a Tobacco Product, whether or not Sold separately. “Tobacco Product” does not include any Nicotine cessation product that has been authorized by the U.S. Food and Drug Administration to be marketed and for sale as “drugs,” “devices,” or “combination products,” as defined in the Federal Food, Drug, and Cosmetic Act.
o) “Tobacco or Nicotine Pouches” means any oral Nicotine product that is Sold in ready-to-use pouches containing any form of tobacco leaf or Nicotine. “Tobacco or Nicotine Pouches” include but are not limited to products sold as “snus” pouches or nicotine pouches.
SECTION 5. Chapter 8.44 of the Fairfax Town Code is hereby amended to add the following new sections 8.44.330 through 8.44.360 to read as follows:
“Sections:
8.44.330 Findings
8.44.340 Minimum Packaging and Pricing
8.44.350 Ban on the Sale of Electronic Smoking Devices, Heated Smoking Systems, and Tobacco or Nicotine Pouches
8.44.360 No Conflict with Federal or State Law
8.44.330 Findings.
The Town Council finds and declares as follows:
a) Commercial tobacco-related mortality accounts for approximately 40,000 deaths in California annually, with an estimated 230 deaths in Marin County annually, making commercial tobacco use a leading cause of preventable deaths.1
1 California Department of Public Health California (CDPH). Tobacco Control Program (May 2023). California Tobacco Facts and Figures 2022. California Tobacco Facts and Figures 2022. https://www.cdph.ca.gov/Programs/CCDPHP/DCDIC/CTCB/CDPH%20Documents%20Library/ResearchandEvaluatio n/FactsandFigures/CaliforniaTobaccoFactsAndFigures2022.pdf 4 of 10
(b) Evidence-based research2,3,4 demonstrates that a price increase in tobacco products will decrease commercial tobacco consumption and thus will:
1. Assist behavior modifications by deterring consumers from commercial tobacco use, promoting a positive change in social norms.
2. Protect vulnerable residents and priority populations of the Town of Fairfax from the health and economic burden of commercial tobacco.
3. Protect the youth and young adults of the Town of Fairfax from becoming lifelong consumers of tobacco products by deterring earlyage initiation5,6 of commercial tobacco use. (c) Price reduction strategies, such as discounts and coupons, are used by the tobacco industry to counter state and local commercial tobacco control efforts and appeal to price sensitive consumers.7 (d) Between 2017 to 2022, neighboring Bay Area cities and counties have enacted minimum floor price laws that set minimum prices on 20-pack cigarettes ranging from $7 to $10 and minimum prices on packages of cigars and little cigars ranging from $7 to $10.8
(e) Based on a survey conducted by County of Marin Public Health, as of February 2024, approximately 80% of tobacco retailers in the unincorporated areas of Marin County sell 20-pack cigarettes for as little as between $9.00 and $10.00, making a minimum price of $12.00 per 20-pack cigarette necessary to achieve the goal of reducing overall commercial tobacco use in Marin County and the town of Fairfax. 2 University of North Carolina Gillings School of Global Public Health. (30 January 2019). Minimum Floor Price Laws Fact Sheet. https://changelabsolutions.org/sites/default/files/MFPL_UNC-FactSheet_Final_20190130.pdf 3 Public Health Law Center. Tobacco Control Legal Consortium. Cigarettes Minimum Price Law. https://publichealthlawcenter.org/sites/default/files/resources/tclc-guide-cigminimumpricelaws-2011.pdf 4 Community Preventive Services Task Force. The Community Guide. (13 August 2020). Tobacco Use: Interventions to Increase the Unit Price for Tobacco Products. https://www.thecommunityguide.org/findings/tobacco-useinterventions-increase-unit-price-tobacco.html 5 Centers for Disease Control and Prevention, CDC, Preventing Chronic Disease. Public Health Research, Practice and Policy. (16 January 2020). Onset of Regular Smoking Before Age 21 and Subsequent Nicotine Dependence and Cessation Behavior Among US Adult Smokers. Prevention of Chronic Disease 2020:17:190176. DOI:
http://dx.doi.org/10.5888/pcd17.190176
6 Centers for Disease Control and Prevention. CDC. Youth and Tobacco Use. https://www.cdc.gov/tobacco/data_statistics/fact_sheets/youth_data/tobacco_use/index.htm 7 Community Preventive Services Task Force. The Community Guide. (13 August 2020). Tobacco Use: Interventions to Increase the Unit Price for Tobacco Products. https://www.thecommunityguide.org/findings/tobacco-useinterventions-increase-unit-price-tobacco.html 8 PETS, Policy Evaluation Tracking System. California Municipalities that Set Minimum Price and/or Minimum Pack Size for Tobacco Products. April 2023.
https://pets.tcspartners.org/files/Chart%20of%20Minimum%20Price%20and%20Pack%20Policies_April%202023.p df
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(f) Because cigars and little cigars can be sold individually at low prices, requiring minimum package sizes for cigars, and little cigars; and setting a minimum price of $12.00 per package is necessary to achieve the goal of reducing overall commercial tobacco use in Marin County and the Town of Fairfax.
(g) Price increases in tobacco products have yielded the most success in reducing smoking prevalence in the short-run and preventing initiation in the long-run.9 Comprehensive smoking policies and programs coupled with cessation support and prevention implementation, including health care provider interventions and community health education and health warnings result in equity-focused and sustainable outcomes, with 12% smoking reduction in the short-run and 18% prevented smoking initiation in the long-run.10
(h) Historically, Minimum Floor Price Laws (MFPLs) have shown consistent outcomes in narrowing the gap in socioeconomic disparities12 by increasing cessation, reducing cigarette smoking prevalence and preventing initiation, showing the greatest positive impact among people of color ages 12-24 years old, those living below the federal poverty level, and several priority subpopulations.11 (i) Youth nicotine use poses serious health risks, particularly through vaping, which can harm brain development, lung function, and increase respiratory issues like asthma.
12 In California, vapes are the
most commonly used nicotine product among teens aged 12–17, with
9.7% reporting current use—higher than cigars/cigarillos (3.4%) and cigarettes (2.8%). 13 In Marin County, this issue is especially 9 Levy DT, Tam J, Kuo C, Fong GT, Chaloupka F. The Impact of Implementing Tobacco Control Policies: The 2017 Tobacco Control Policy Scorecard. J Public Health Manag Pract. 2018 Sep/Oct;24(5):448-457. doi:
10.1097/PHH.0000000000000780. PMID: 29346189; PMCID: PMC6050159. 10 Golden SD, Kim K, Kong AY, Tao VQ, Carr D, Musburger P. Simulating the Impact of a Cigarette Minimum Floor Price Law on Adult Smoking Prevalence in California. Nicotine Tob Res. 2020 Oct 8;22(10):1842-1850. doi:
10.1093/ntr/ntaa046. PMID: 32147712.
11 Boettiger DC, White JS. Effects of a minimum floor Price law on cigarette use in Oakland, California: A static microsimulation model. Prev Med. 2021 Apr;145:106444. doi: 10.1016/j.ypmed.2021.106444. Epub 2021 Jan 30.
PMID: 33529637.
12 Laura Lopez Gonzalez, “Believe It or Not, 1 Vape has 20 Cigarettes Worth of Nicotine,” University of California San Francisco (UCSF) https://www.ucsf.edu/news/2024/12/429131/believe-it-or-not-1-vape-has-20-cigarettes-worthnicotine (accessed April 16, 2025). Featured expert – Pamela Ling, MD, MPH, Director of the UCSF Center for Tobacco Control and Research and Education. 13 Chaffee, B. W, Couch, E. T, Fan Cheng, N., Ameli, N., & Gansky, S. A. (2024). Results of the California Teens Nicotine and Tobacco Project Online Survey 2023. UCSF: Center for Tobacco Control Research and Education. Retrieved from https://escholarship.org/uc/item/06g1d0rx
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concerning, as 11th-grade vaping rates have consistently surpassed state averages over the past five years.
14 (j) Heated tobacco products, often marketed as “heat-not-burn,” also pose significant health risks. Research shows they contain many of the same harmful chemicals as traditional cigarettes, as well as additional toxic substances not found in regular tobacco smoke.15 . The use of any tobacco product—including these newer forms—is harmful, particularly for youth, young adults, pregnant individuals, and nonusers. 16 Chapter 8.44.340 Minimum Packaging and Pricing
(a) Packaging and labeling. No Tobacco Retailer shall Sell any Tobacco Product unless the Tobacco Product:
(1) Is sold in the manufacturer’s packaging intended for Sale to consumers;
(2) Conforms to all applicable federal labeling requirements; and (3) Conforms to all applicable Child-Resistant Packaging requirements. (b) Display of price. The price of each Tobacco Product offered for Sale shall be clearly and conspicuously displayed on the Tobacco Product or on any related shelving, posting, advertising, or display at the location where the item is Sold or offered for Sale.
(c) Distribution of Tobacco Product samples or promotional Items. It is unlawful for any Person to distribute free or nominally priced Tobacco Products. (d) Prohibition of Coupons and discounts. No Tobacco Retailer shall:
(1) Sell any Tobacco Product for less than the Displayed Price, not including taxes or fees;
14Current Youth Tobacco Vaping, Marin. California School Climate, Health, and Learning Surveys (CalSCHLS) https://calschls.org/reports-data/public-dashboards/f882f1e2-dfc0-4448-b90b-f49cef6e6d3f/ 15 Centers for Disease Control and Prevention. Smoking and Tobacco Use, “Heated Tobacco Products” 2024. Publicuse data file and documentation. https://www.cdc.gov/tobacco/other-tobacco-products/heated-tobaccoproducts.html 2024. 16 Centers for Disease Control and Prevention. Smoking and Tobacco Use, “Heated Tobacco Products” 2024. Publicuse data file and documentation. https://www.cdc.gov/tobacco/other-tobacco-products/heated-tobaccoproducts.html 2024. 7 of 10
(2) Honor or redeem, or offer to honor or redeem, a Coupon to allow a consumer to purchase a Tobacco Product for less than the Full Retail Price;
(3) Sell any Tobacco Product to a consumer through a multiple-package discount or otherwise provide any such product to a consumer for less than the Full Retail Price in consideration for the purchase of any Tobacco Product or any other item; or
(4) Provide any free or discounted item to a consumer in consideration for the purchase of any Tobacco Product.
(e) Minimum package size for Tobacco Products. No Tobacco Retailer shall Sell:
(1) Any Conventional Cigarette unless sold in a package size of at least twenty (20) Conventional Cigarettes;
(2) Any Little Cigar unless it is sold in a package of at least five (5) Little Cigars;
(3) Any Cigar unless it is sold in the manufacturer’s original consumer package size of at least two (2) Cigars; provided, however, this subsection shall not apply to an individual Cigar that has a price of at least twelve dollars ($12) per Cigar;
(f) Minimum prices for Tobacco Products. No Tobacco Retailer shall Sell:
(1) Conventional Cigarettes at a Displayed Price that is less than twelve dollars ($12) per package of twenty (20) Conventional Cigarettes, plus two dollars ($2) for each additional Conventional Cigarette; (2) Little Cigars at a Displayed Price that is less than twelve dollars ($12) per package of five (5) Little Cigars, plus three dollars ($3) for each additional Little Cigar;
(3) Cigars at a Displayed Price that is less than six dollars ($6) per Cigar enclosed in a package of two (2); single Cigars at less than twelve dollars ($12) per Cigar.
(4) Smokeless Tobacco at a Displayed Price of less than twelve dollars ($12) per package.
Every 2 years after the effective date of this ordinance, the minimum prices for Tobacco Products in this section (8.44.340) shall increase by one dollar ($1), unless ordained or resolved otherwise by the Fairfax Town Council.
Chapter 8.44.350 Ban on the Sale of Electronic Smoking Devices, Heated Smoking Systems, and Tobacco or Nicotine Pouches
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It is unlawful for any Tobacco Retailer to Sell any Electronic Smoking Device, Heated Smoking System or Tobacco or Nicotine Pouch(es).
Chapter 8.44.360 No Conflict with Federal or State Law.
Nothing in this Chapter shall be interpreted or applied so as to create any requirement, power, or duty that is preempted by state or federal law.” SECTION 6. SEVERABILITY
If any provision, section, subsection, sentence, clause, phrase, or word of this Ordinance, or any application thereof to any Person or circumstance, is held to be invalid or unconstitutional by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions or applications of the Ordinance. The Town Council declares that it would have passed this Ordinance, and each provision, section, subsection, sentence, clause, phrase and word not declared invalid or unconstitutional without regard to whether any portion of this Ordinance or application thereof would be subsequently declared invalid or unconstitutional.
SECTION 7. EFFECTIVE DATE AND PUBLICATION
This Ordinance shall be in effect thirty (30) days after adoption. However, its provisions shall not become enforceable until September 1, 2026. A summary of this ordinance shall be posted once before the expiration of fifteen days after its adoption, with the names of Council members voting for and against the same. A summary shall be posted in three public places in the town, which places are designated as follows: (1) The bulletin board, Fairfax Post Office; (2) The bulletin board, Council Chambers; and (3) The bulletin board, Town Hall.
SECTION 8. VOTE
The foregoing ordinance was introduced at a regular meeting of the Town of Fairfax Town Council held on the 12th day of January, 2026
The foregoing ordinance was adopted at a regular meeting of the Town of Fairfax Town Council held on __ day of _____________, 2026:
AYES:
NOES:
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ABSTAIN:
ABSENT:
__________________________________
STEPHANIE HELLMAN, MAYOR
ATTEST:
___________________________
CHRISTINE FOSTER,
DEPUTY TOWN CLERK
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