For the purpose of these regulations, the following
definitions shall apply:
NONSMOKING AREA
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.
PUBLIC MEETINGS
All meetings which are regulated by the commonwealth's Open
Meeting Law (found in MGL c. 39, § 23A, B and C).
PUBLIC PLACES
All enclosed public property within the Town of Westminster.
RESTAURANT
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.
SMOKING
The lighting of, or the having in one's possession, any lighted
cigarette, cigar, pipe or other tobacco product.
SMOKING AREA
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.
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."
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.