[HISTORY: Adopted by the Board of Health
of the Town of Westminster as indicated in article histories. Amendments
noted where applicable.]
GENERAL REFERENCES
Tobacco and nicotine delivery products — See Ch. 250.
[Adopted 11-18-1985]
A.
Our nation's Surgeon General has affirmed that cigarette
smoking is the chief preventable cause of death in our society; smoking
is the most important health issue of our time.
B.
Each year an estimated 350,000 Americans will die
prematurely from the effects of smoking. Millions more live with crippled
lungs and overstrained hearts. Cigarette smoking is a major cause
of emphysema, lung cancer, chronic bronchitis and heart disease.
C.
Furthermore:
(1)
Tobacco smoke pollutes air in enclosed places and
affects nonsmokers who are present.
(2)
Inhaling secondhand smoke makes the heart beat faster,
the blood pressure go up and the level of carbon monoxide in the blood
increase.
(3)
There is more cadmium in the smoke that drifts off
the burning end of tobacco products than in the drag the smoker takes.
Large doses of cadmium have been related to hypertension, chronic
bronchitis and emphysema.
(4)
Smoke from an idling cigarette contains even more
tar and nicotine than an inhaled one.
(5)
The amount of carbon monoxide in the blood of nonsmokers
doubles in a poorly-ventilated room filled with tobacco smoke. Even
outside the room, the inhaled carbon monoxide stays in the body for
three or four hours.
(6)
The nonsmoker is forced to breathe in smoke from the
burning end of the cigarette as well as the smoke exhaled by the smoker.
(7)
Researchers have found that respiratory infections,
especially pneumonia and acute bronchitis, are twice as common in
young children whose parents smoke at home, compared to those with
nonsmoking parents.
(8)
The United States Surgeon General has said:
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"Nonsmokers have as much right to clean air
and wholesome air as smokers have their so-called right to smoke,
which I would redefine as a so-called right to pollute. It is high
time to ban smoking from all confined public places, such as restaurants,
theaters, airplanes, trains and buses. It is time that we interpret
the Bill of Rights for the nonsmoker as well as the smoker."
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For the purpose of these regulations, the following
definitions shall apply:
That area of a restaurant designated and posted by the proprietor
or other person in charge where smoking by patrons or employees shall
be prohibited.
All meetings which are regulated by the commonwealth's Open
Meeting Law (found in MGL c. 39, § 23A, B and C).
All enclosed public property within the Town of Westminster.
Any establishment with a seating capacity of 25 or more persons,
duly licensed by the Town of Westminster for the serving and consumption
of food on the premises which maintains tables for the use of its
customers.
The lighting of, or the having in one's possession, any lighted
cigarette, cigar, pipe or other tobacco product.
All other areas of a restaurant, unless smoking is prohibited
by sanitation or fire safety codes or regulations.
The following describes which behaviors are
or are not acceptable in order to define clear expectations in terms
of the intention of the regulations.
A.
Public meetings. No person shall smoke at any public
meeting while the meeting is in progress. Every effort shall be made
to maintain a smoke-free entrance and egress to all public meetings.
There may be a designated smoking area outside and away from the principal
meeting area.
B.
Public places. No person shall smoke in any public
place, except in specifically designated smoking areas. The principal
entrance and egress of all public places shall be smoke-free areas.
C.
Restaurants.
(1)
This regulation shall not apply to any restaurant
with a seating capacity of fewer than 25 persons.
(2)
No person shall smoke in any restaurant, except in
specifically designated smoking areas. This prohibition does not apply
in cases in which an entire room or hall is used for a private social
function and not by the proprietor or person in charge of the restaurant.
The proprietor or other person in charge of
a restaurant shall make reasonable efforts to prevent smoking in the
nonsmoking area by:
A.
Posting appropriate signs.
B.
Arranging seating so that existing physical barriers
and ventilation systems minimize the effects of smoking in a smoking
area upon persons in an adjacent nonsmoking area.
C.
Directing patrons seated in a a nonsmoking area to
refrain from smoking.
D.
Any other means which may be appropriate.
A.
Any person who smokes in a nonsmoking area after notice
from the person(s) in charge that such conduct violates this regulation
shall be subject to a fine of not less than $10 for each offense.
B.
Any proprietor(s) or any other person(s) in charge
of a public place or designated restaurant who fail(s) to make reasonable
efforts to prevent smoking in nonsmoking areas shall be subject to
a fine of $30 for each offense.
C.
Violations of these regulations shall be considered
reportable to the Westminster Board of Health by its designated agent
for appropriate action.
D.
Nothing in this regulation shall make it lawful to
smoke in any area in which smoking is or may hereafter be prohibited
by law.
A.
If a restaurant has a bar/lounge area, and if the
establishment was in existence on or before September 2, 1997, through
June 30, 1998, a variance may be granted at the discretion of the
Board based on the following criteria:
(1)
The bar/lounge occupies a separate, enclosed room
and the number of seats in the bar/lounge area does not exceed 25%
of the establishment's total seating capacity or the current seating
capacity of the bar area, whichever is less;
(2)
The bar/lounge is equipped with a separate ventilation
system to produce a negative air environment so the air in the smoking
bar/lounge does not filter into the nonsmoking restaurant area.
(3)
The restaurant entrance area, waiting areas and restrooms
shall be smoke-free; and
(4)
Persons under the age of 18 are not permitted (prohibited)
from entering the restaurant bar/lounge area.
B.
Variances are nontransferable.
C.
If the above criteria are met, then the following
must be submitted to the Westminster Board of Health for review.
(1)
A variance application (which is available at the
Westminster Board of Health office).
(2)
At the Board's discretion, proof of the confined/negative
air flow must be demonstrated.
(3)
If smoke or smoking is detected in nonsmoking areas,
the variance for smoking can be revoked.
(4)
Written verification by an indoor air quality specialist
that the air in the smoking bar/lounge is equipped with a separate
ventilation system to produce a negative air environment so that the
air in the smoking bar/lounge does not filter into the nonsmoking
restaurant area. Documentation must include the following:
(a)
Qualifications/experience of the air quality
specialist.
(b)
A description of the ventilation systems detailing
how and where air enters the area.
(c)
The internal air flow and how and where air
exits the area.
(d)
Any factors influencing the efficiency/effective-ness
of the system, such as open doors, windows, equipment, etc. This must
be included with a standard operating procedure for maximum effectiveness.
[Adopted 5-5-2010]
The purpose of this regulation is to protect the health of the
employees and general public in the Town of Westminster.
This regulation is promulgated under the authority granted to
the Westminster Board of Health pursuant to MGL c. 111, § 31,
that "Boards of health may make reasonable health regulations." It
is also promulgated pursuant to MGL c. 270, § 22(j), which
states in part that "Nothing in this section shall permit smoking
in an area in which smoking is or may hereafter be prohibited by law
including, without limitation: any other law or . . . health . . .
regulation. Nothing in this section shall preempt further limitation
of smoking by the commonwealth . . . or political subdivision of the
commonwealth."
A.
MEMBERSHIP ASSOCIATION
(1)
(2)
(3)
(4)
MUNICIPAL PROPERTY
MUNICIPAL VEHICLES
RETAIL TOBACCO STORE
SMOKING BAR
SMOKING or SMOKE
WORKPLACE
WORK SPACE or WORK SPACES
As used in this regulation, the following words shall have the following
meanings, unless the context requires otherwise:
A not-for-profit entity that has been established and operates
for a charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to:
A society, organization or association of a fraternal nature
that operates under the lodge system, and having one or more affiliated
chapters or branches incorporated in any state; or
A corporation organized under Massachusetts General Laws Chapter
180; or
An established religious place of worship or instruction in
the Town of Westminster, whose real or personal property is exempt
from taxation; or
A veterans' organization incorporated or chartered by the
Congress of the United States, or otherwise, having one or more affiliated
chapters or branches incorporated in any state.
All properties owned or managed by the Town of Westminster,
including but not limited to buildings, municipal vehicles, parking
lots, land parcels, parks, and beaches.
Any vehicle or vessel owned, leased, or rented by the Town
of Westminster.
An establishment which is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 18 is prohibited at all times,
and maintains a valid permit for the retail sale of tobacco products
as required to be issued by the Westminster Board of Health.
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22 to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars."
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or nontobacco product designed to be combusted and inhaled.
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an employer, other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.
An enclosed area occupied by an employee during the course
of his employment.
B.
Terms not defined herein shall be defined as set forth in MGL c.
270, § 22 and/or 105 CMR 661. To the extent any of the definitions
herein conflict with MGL c. 270, § 22 and 105 CMR 661, the
definition contained in this regulation shall control.
A.
It shall be the responsibility of the employer to provide a smoke-free
environment for all employees working in an enclosed workplace and
work space(s).
B.
To the
extent prohibited by MGL c. 270, § 22 (commonly known as
the "Smoke-Free Workplace Law") and 105 CMR 661, smoking is hereby
prohibited in Westminster.
C.
In addition to the prohibitions contained in MGL c. 270, § 22,
MGL c. 111, § 31 and MGL c. 270, § 22(j), smoking
is also hereby prohibited in:
A.
An owner, manager, or other person in control of a building, vehicle
or vessel who violates this article, in a manner other than by smoking
in a place where smoking is prohibited, shall be punished by a fine
of:
B.
Each calendar day on which a violation occurs shall be considered
a separate offense.
C.
This article shall be enforced by the Board of Health and its designees.
D.
Violations of § 248-10B shall, in accordance with MGL c. 270, § 22, be disposed by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D.
E.
Violations of § 248-10C may be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D.
F.
In addition to civil penalties, the Board may seek equitable relief
to enjoin any violations of these regulations.
G.
If an owner, manager or other person in control of a building, vehicle
or vessel violates this regulation repeatedly, demonstrating egregious
noncompliance as defined by regulation of the Department of Public
Health, the Board of Health may, pursuant to MGL c. 270, § 22(l)
and in accordance with any other applicable law or regulation, revoke
or suspend the license to operate and shall send notice of the revocation
or suspension to the Department of Public Health.
H.
Any person may register a complaint to initiate an investigation
and enforcement with the Board of Health, the local inspection department
or the equivalent.
If any paragraph or provision of this regulation is found to
be illegal or against public policy or unconstitutional, it shall
not effect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of § 248-10 of this regulation, nothing in this regulation shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
This regulation was passed on May 5, 2010, and shall be effective
as of May 5, 2010.
