[HISTORY: Adopted by the Board of Health
of the Town of Sterling effective 11-9-1987. Amendments noted where applicable.]
There exists overwhelming evidence that tobacco
smoking causes heart disease, cancer and various lung diseases. The
1986 report of the Surgeon General documents that involuntary smoking
is a cause of disease, including lung cancer, in previously healthy
nonsmokers. Therefore, these regulations are adopted, pursuant to
MGL c. 111, § 31, designed to protect the health of the
residents of the Town of Sterling.
As used in this chapter, the following terms
have the meanings as indicated:
A counter at which alcoholic beverages are served and consumed.
An enclosed indoor area when open to and used by the general
public including restaurants, public elevators, retail outlets, libraries,
mass transit conveyance, all Town-owned buildings. An entire room
or hall used for private social functions 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
place.
Any establishment which serves food for consumption on the
premises and which maintains tables for use of its patrons.
The capacity designated in the occupancy permit.
Possession of a lighted tobacco product, including a cigarette,
cigar, pipe or any other lighted smoking instrument.
No persons shall smoke in any public place except
that smoking will be permitted in specifically designated smoking
areas as hereinafter provided.
In any restaurant or bar with a seating capacity
of 50 or more persons smoking areas shall be designated by the proprietor(s)
or other person(s) in charge of a restaurant except in places where
prohibited by the Fire Marshal or other laws. Smoking areas shall
comprise not more than 60% of the seating capacity of the restaurant.
Smoking areas shall be so situated as to effectively minimize the
presence of smoking by-products in nonsmoking areas.
Museums, libraries, schools and other public
places may designate smoking areas, provided that comparable nonsmoking
facilities are available and so situated as to effectively eliminate
smoking by-products in the nonsmoking area.
There shall be no smoking at open governmental
meetings.
The proprietor(s) or other person(s) in charge
of a public place shall make reasonable efforts to prevent smoking
in nonsmoking areas by:
A.
The proprietor of a public place may make a written
application to the Board of Health for a variance from these regulations.
B.
The Board of Health may grant a variance when in its
opinion enforcement would do manifest injustice. The Board may attach
whatever reasonable conditions it deems necessary and appropriate
to any variance.
C.
Any variance granted shall be written and a copy shall
be available for public inspection on the premises for which it is
issued.
D.
Variances may be granted for up to one year and extended
for like periods upon submission of new applications.
Nothing in these regulations shall make smoking
lawful in any areas where smoking is or may hereafter be prohibited
by law.
If any portion of these regulations is declared
invalid or unenforceable, the other provisions shall not be affected.
