Whereas, tobacco use by minors is a continuing problem with
grave public health consequences because more than 80% of all smokers
begin before the age of 18 and more than 3,000 teens begin smoking
every day in the United States ("Preventing Tobacco Use Among Young
People: A Report, of the Surgeon General," Atlanta, GA: U.S. Department
of Health and Human Services, 1994); whereas, the U.S. Department
of Health and Human Services has concluded that nicotine is as addictive
as cocaine or heroin, action is needed to curtail the easy access
of tobacco products and nicotine delivery products to minors; now,
therefore, be it determined that a strict and enforceable system to
prevent access to nicotine delivery products and the illegal sale
of tobacco products to minors be enacted as follows.
As used in this article, the following terms shall have the
meanings indicated:
ADULT-ONLY ESTABLISHMENT
Any establishment that admits only those persons who are
over the age of 21, and never permits anyone under age 21 to be present.
E-CIGARETTE
Any electronic device, not approved by the United States
Food and Drug Administration, composed of a mouthpiece, heating element,
battery and/or electronic circuits that provides a vapor of liquid
nicotine to the user, or relies on vaporization of any liquid or solid
nicotine. The term shall include such devices, whether they are manufactured
as e-cigarettes, e-cigars, e-pipes, e-hookah or under any other product
name.
NICOTINE DELIVERY PRODUCT
Any manufactured article or product made wholly or in part
of a tobacco substitute or containing nicotine that is expected or
intended for human consumption, but not including a product approved
by the United States Food and Drug Administration for sale as a tobacco
use cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
Nicotine delivery products include, but are not limited to e-cigarettes,
e-cigars, e-pipes, or under any other product name.
TOBACCO AND/OR NICOTINE DELIVERY PRODUCTS VENDING MACHINE
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, tobacco products, or nicotine delivery
products upon insertion of coins, trade checks, swipe cards, slips
or any other form of payment.
Enforcement of these regulations shall be implemented by the
Southwick Board of Health, its designated agent/s or by police officers
of the Town of Southwick. Any citizen who desires to register a complaint
of noncompliance under these regulations may do so by contacting the
Southwick Board of Health or its designated agent/s.
The Southwick Board of Health, its designated agents or police
officers of the Town of Southwick shall engage in a continuing program
to explain and clarify the purposes and requirements of these regulations
to citizens affected by it and to guide owners, operators and managers
in their compliance with it. Such programs may include publication
of a brochure for affected businesses and individuals explaining the
provisions of these regulations. The Southwick Board of Health may,
at its discretion, respond to reasonable requests from retailers for
assistance in training sales personnel.
If any provision, clause, sentence or paragraph of these regulations
or the application thereof to any person or circumstances shall be
held invalid, such invalidity shall not affect the other provisions
of this article which can be given effect without the invalid provision
or application, and to this end the provisions of this regulation
are declared to be severable.
These regulations shall take effect upon passage.
The use of e-cigarettes is prohibited wherever smoking is prohibited
per both Massachusetts law, and regulations prohibiting smoking in
membership associations in Southwick effective as of October 1, 2016.
Whereas, conclusive evidence exists that tobacco smoke causes
cancer, respiratory and cardiac diseases, negative birth outcomes,
irritations to the eyes 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 ETS), which
includes both exhaled smoke and the side stream smoke from burning
tobacco products, causes the death of 53,000 Americans each year (McGinnis
JM, Foego W, "Actual Causes of Death in the United States," JAMA 1993
270:2207-2212); and
Whereas, the U.S. Environmental Protection Agency classified
secondhand smoke as a known human carcinogen and the International
Agency for Research on Cancer (IARC) of the World Health Organization
also classified secondhand smoke as a known human carcinogen (IARC-WHO,
2002).
Now, therefore, the Board of Health of the Town of Southwick
recognizes the rights 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 the membership associations,
as defined herein.
This regulation is promulgated under the authority granted to
the Southwick Board of Health pursuant to Massachusetts General Laws
Chapter 111, Section 31: "Boards of health may make reasonable health
regulations." Except as provided below, the provisions of Massachusetts
General Laws Chapter 270, Section 22, shall apply, including penalties,
fines and sanctions.
For the purposes of this regulation, the following words shall
have the meanings respectively ascribed to them by this section:
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any membership association to be the manager or otherwise in charge
of said membership association.
ENCLOSED
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including, but not limited to, an office, function room or hallway.
MEMBERSHIP ASSOCIATION (also known as a private club)
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: (i) 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 (ii) a corporation organized under Chapter 180; or
(iii) an established religious place of worship or instruction in
the commonwealth whose real or personal property is exempt from taxation;
or (iv) 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. Except
for a religious place of worship or instruction, an entity shall not
be a membership association for the purpose of this definition, unless
individual membership containing not less than full membership costs
and benefits is required for all members of the association for a
period of not less than 90 days.
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 business agents or designees of any of the foregoing.
SMOKING or SMOKE
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or nontobacco product designated to be combusted and inhaled.
If any paragraph or provision of this regulation is found to
be illegal or against public policy or unconstitutional, it shall
not affect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of the foregoing §
417-13 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 shall be governed and construed in accordance
with the laws of the Commonwealth of Massachusetts.
This regulation shall take effect on February 1, 2007.