Whereas conclusive evidence exists that tobacco smoke causes
cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes, nose, and throat; and whereas the harmful
effects of tobacco smoke are not confined to smokers but also cause
severe discomfort and illness to nonsmokers; and whereas environmental
tobacco smoke (hereinafter E.T.S.), which includes both exhaled smoke
and the side stream smoke from burning cigarettes, causes the death
of 53,000 Americans each year (McGinnis JM, Foege W, "Actual Causes
of Death in the United States," JAMA 1993 270:2207-2212); and whereas
in 2000, the Public Health Service's National Toxicology Program
listed environmental tobacco as a known human carcinogen (U.S. DHHS,
2000, citing Cal. EPA, 1997) similar to radon and asbestos with no
known safe levels of exposure; now, therefore, the Board of Health
of the Town of Barre recognizes the right of those who wish to breathe
smoke-free air and establishes this regulation to protect and improve
the public health and welfare by prohibiting smoking in public places.
This regulation is promulgated under the authority granted to
the Barre Board of Health under MGL c. 111, § 31, that "Boards
of Health may make reasonable health regulations."
For the purpose of this regulation, the following words shall
have the meanings respectively ascribed to them by this section:
BAR
An adult-only establishment whose business is devoted to
the serving of alcoholic beverages for the consumption by guests on
the premises and is not within a restaurant.
BOARD
The Board of Health of the Town of Barre.
BUSINESS
Any sole proprietorship, partnership, joint venture, corporation,
or other business entity, including retail establishments where goods
or services are sold.
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
EMPLOYEE
Any person who performs services for an employer.
EMPLOYER
A person, partnership, association, corporation, trust, or
other organized group of individuals, including the Town of Barre
or any agency thereof, which utilizes the services of one or more
employees.
ENCLOSED AREA
A space bounded by walls (with or without windows) continuous
from the floor to the ceiling and enclosed by doors, including, but
not limited to, offices, rooms and halls.
MUNICIPAL BUILDING
Any building that is owned by or under the control of the
Town of Barre, including but not limited to schools, fire stations,
police stations, DPW buildings, and the Town Hall.
MUNICIPAL VEHICLE
Any vehicle that is owned by or under the control of the
Town of Barre, including but not limited to police, fire, DPW vehicles,
and vehicles that are assigned to departments that work out of the
Town Hall.
PERSON
Any individual, firm, partnership, association, corporation,
company or organization of any kind including, but not limited to,
an owner, operator, manager proprietor or person in charge of any
building, establishment, business, or restaurant or retail store,
or the agents or designees of any of the foregoing.
PLACE OF EMPLOYMENT
Any establishment which employees normally frequent during
the course of employment, including, but not limited to, work areas,
employee lounges, restrooms, conference and classrooms, employee cafeterias,
and hallways.
PRIVATE CLUB
A not-for-profit establishment created and organized pursuant
to MGL c. 180 as a charitable corporation with a defined membership.
A private club is not a place of public accommodation but rather distinctly
private. Criteria used to determine whether a club is distinctly private
include, but are not limited to, those factors identified in 204 CMR
10.02. If the private club holds an alcoholic beverage license, said
license shall be a "club license" or a "war veterans club license"
as defined in MGL c. 138, § 12, and by the Massachusetts
Alcohol Beverage Commission. Said license is subject to the terms
set forth by local licensing authority.
PRIVATE SOCIAL FUNCTION
A social gathering associated with a single purpose that
is not opened to the public and is under the control of the host/hostess
rather than the proprietor/manager, such as a wedding reception.
PUBLIC PLACE
Any building or facility owned, leased, operated or occupied
by the municipality, including school building, or grounds; any enclosed
area open to the general public, including, but not limited to, retail
stores, retail food stores, libraries, museums, theaters, banks, Laundromats,
indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private
and public educational facilities, shopping malls, common areas of
residential buildings, public restrooms, lobbies, staircases, halls,
exits, entranceways, elevators accessible to the public and licensed
child-care locations.
PUBLIC SOCIAL FUNCTION
A social gathering that is open to the general public and
is not associated with membership.
PUBLIC TRANSPORTATION VEHICLE
Buses, taxis, and other means of transportation available
to the general public while such means of transportation is operating
within the boundaries of the Town, including indoor platforms by which
such means of transportation may be accessed.
RESTAURANT
Any coffee shop, cafeteria, sandwich stand, and any other
eating establishment which gives or offers for sale food to the public,
guests, or employees, as well as kitchens in which food is prepared
on the premises for serving elsewhere; including catering facilities.
SMOKING
Inhaling, exhaling, burning, or carrying any lighted tobacco
product in any form.
TOBACCO PRODUCT
Any product containing tobacco, including but not limited
to cigarettes, cigars, chewing tobacco, snuff, pipe tobacco and smokeless
tobacco.
"No Smoking" signs, or the international "No Smoking" symbol
(consisting of a pictorial representation of a burning cigarette enclosed
in a red circle with a red bar across it) shall be clearly, sufficiently,
and conspicuously posted in every building or other place where smoking
is regulated, by the owner, operator, manager, or other person having
control of such building or other place. One sign must appear at each
public entrance.
Students, faculty, staff and visitors are prohibited from smoking
on school grounds and property.