[HISTORY: Adopted by the Board of Health of the Town of Eastham 5-26-2005, effective 7-1-2005. Amendments noted where applicable.]
The purpose of this regulation is to protect the public health and welfare by restoring and preserving the right of all citizens to breathe clean air. Exposure to secondhand smoke presents a serious health risk. Of particular concern is the workplace environment of persons who may be subjected to sustained, involuntary exposure to hazardous materials in the air. This regulation prohibits smoking in public places, as defined in § 311-3, and in the workplace, as defined in § 311-3, except in designated areas. Tobacco use in food service establishments, restaurants, bars and lounges is also the subject of this regulation and is included in these regulations as § 311-7.
The Town of Eastham Board of Health, pursuant to MGL C. 111, § 31, adopts these regulations as reasonable health regulations designed to protect and improve the public health of its residents, visitors, and persons employed within the Town of Eastham.
As used in this chapter, the following terms shall have the meanings indicated:
- A person who performs services for wages or other consideration, but not including domestic workers or casual laborers employed at the place of residence of the employer.
- A person, partnership, association, corporation, trust, or other organized group, including the County of Barnstable and any department or agency thereof, and any municipal entity, which utilizes the services of two or more employees.
- PUBLIC PLACE
- An enclosed, indoor area that is open to and used by the general public, including but not limited to, licensed child-care facilities, educational facilities, clinics, nursing homes, all elevators, stairwells, halls, lobbies and entranceways accessible to the public; common areas (not including actual sleeping quarters) of guest houses, bed-and-breakfasts, inns, hotels and motels, public rest rooms; laundromats; hair salons and barbershops; libraries; municipal buildings, museums; retail food establishments; indoor sports arenas, bowling alleys, and skating rinks; enclosed shopping malls; theaters; auditoriums; public transit facilities and any function rooms/halls when use is open to the general public. A function room/hall used for a private social function, in which the sponsor of the private function and not the owner or proprietor has control over the seating arrangements shall not be construed as a public space.
- The lighting of or having in one's possession any lighted cigarette, cigar, pipe, or other tobacco product.
- TOBACCO PRODUCT
- Cigarettes, cigars, snuff, chewing tobacco, smokable synthetics or tobacco products in any of its forms.
- Any area within a structure or portion thereof in which two or more employees perform services for their employer. It also includes employee lounges, rest rooms, dining areas, conference rooms, hallways, stairs, and entranceways.
Smoking shall be prohibited in all public places, as defined in § 311-3, effective January 1, 2000.
Effective July 1, 1996, no vending machines for dispensing cigarettes or other tobacco products are allowed in the Town of Eastham.
A food service establishment is defined as a public place that serves food and/or beverages to the public. For the purpose of this regulation, the definition includes, but is not limited to, restaurants, cafes, bars and lounges where food is served.
Smoking shall be prohibited in all food service establishments effective January 1, 2000.
Each person having control of premises where smoking is restricted or prohibited by this regulation shall display on the premises conspicuously, including the primary entrance doorways, appropriate signs reading "No Smoking." When "No Smoking" is applicable, posting the international symbol for "No Smoking" is permissible without additional signage.
Permit. To monitor compliance of the same of tobacco products, permits will be issued. No person, firm, corporation, establishment, or agency shall sell tobacco products within the Town of Eastham without a valid tobacco sales permit issued by the Board of Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits must be renewed annually, with the Board of Health, for a fee of $50.
Sales to minors. No person, firm, corporation, establishment, or agency, shall sell tobacco products to a minor. Each employee working in an establishment licensed to sell tobacco products shall be required to read the Board of Health regulations and state laws regarding the sale of tobacco, and sign a form indicating that such regulations/laws have been read and understood, a copy of which must be placed on file in the office of the employer and retained. Such signed forms must be made available for inspection, during the license holder's normal business hours, upon request of an agent of the Board of health.
Distribution of tobacco products. No person, firm, corporation, establishment, or agency shall distribute tobacco products free of charge or in connection with a commercial or promotional endeavor within the Town of Eastham. Such endeavors include, but are not limited to, product "giveaways," or distribution of a tobacco product as an incentive, prize award, or bonus in a game, contest, or tournament involving skill or chance. Such restrictions shall not apply to use of coupons from magazines, newspapers, periodicals, or attached to packaging. All distributors/retailers of tobacco products or tobacco merchandise must require that, if a customer appears to possibly be under 27 years of age, the customer present a valid state-issued picture identification card or driver's license with appropriate photograph to confirm that the customer is of a legal age to purchase the tobacco product.
Restrictions on self-service (freestanding) displays. It has been shown that self-service (freestanding) tobacco displays encourage illegal activity by youth and provide youth with easier access to tobacco products. Therefore, tobacco products on freestanding displays in retail locations where a tobacco product may be selected by the customer shall be restricted in the following manner:
There shall be a total ban on the sale of "singles" or "loosies" of any tobacco product.
The possession of any tobacco product is prohibited by a minor under the age of 18.
The vendor of any tobacco product may employ any person 15 years or age or older for the direct handling and selling of tobacco products. A person under the age of 15 may be employed, so long as they do not directly handle or sell tobacco products.
The purchase of tobacco products by an adult for a minor under the age of 18 is prohibited.
No person shall sell or distribute tobacco at retail establishments without obtaining a tobacco sales permit with payment of fee of $50 issued annually by Eastham Board of Health.
The Eastham Board of Health, its designated agents, enforcement officers and anyone with police powers may enforce these regulations. Any citizen who desires to register a complaint of noncompliance may do so by contacting the Eastham Health Department.
Any person who knowingly smokes in an area subject to the regulation, in which a "No Smoking" sign or its equivalent is conspicuously displayed, may be subject to a fine of $50 for each offense.
Any proprietor/licensee or other person in charge of a public place or workplace who fails to comply with the provisions of these regulations shall be subject to the following actions for each offense:
A warning shall be issued for the first offense.
A fine of $200 may be issued for a second offense.
A fine of $500 may be issued for a third offense and for any subsequent offenses.
Following a second offense, the Eastham Board of Health may, after a public hearing, suspend any license or permit issued by it, for a period of up to two days for each day of noncompliance or withhold the renewal of such license or permit for a period of time to be determined by the Eastham Board of Health.
Following a third offense, the Board of Health may suspend an existing permit or license issued by it, for a period of time to be determined by the Eastham Board of Health.
The Eastham Board of Health may apply for injunctive relief to enforce the provisions of this subsection in a court of competent jurisdiction.
If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
These regulations shall be effective as of January 1, 2000.