A.
Tobacco use is one of the leading public health problems
in America. But the danger is not limited to smokers. According to
the Environmental Protection Agency (EPA), environmental tobacco smoke
(ETS), which includes both exhaled smoke and the sidestream smoke
from a burning cigarette, causes many deaths of nonsmoking Americans
each year. Environmental tobacco smoke is one of the most widespread
and harmful indoor air pollutants.
B.
In 1999, ASHRAE (American Society of Heating, Refrigeration,
and Air Conditioning Engineers) decided that there is no level of
ventilation that can ensure smoke-free air. Nicotine tests and analyses
were conducted in Walpole nonsmoking sections of restaurants that
allow designated smoking areas and most of these restaurants showed
significant airborne concentrations of nicotine in the nonsmoking
sections. Nicotine is classified as a Class A carcinogen and the US
Environmental Protection Agency states that any amount of nicotine
exposure is unsafe.
C.
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, which includes burning tobacco products, causes the
death of 53,000 Americans each year; and whereas in 2000, the Public
Health Service's National Toxicology Program listed environmental
tobacco smoke as a known carcinogen (US DHHS citing Cal. EPA, 1997)
now, therefore, the Board of Health of the Town of Walpole recognizes
the right of those who wish to breathe smoke-free air and establishes
this regulation under the authority granted to the Walpole Board of
Health under MGL c. 111, § 31, to protect and improve the
public health and welfare by prohibiting smoking in public places.
A.
Of the Massachusetts children alive today (persons
under the age of 20), based on current smoking rates, more than 100,000
will be killed prematurely by tobacco use.
B.
Contrary to popular belief, smoking rates remain high
among young people. Smoking among our youth declined only marginally
in the 1980s and seems to be increasing in the 1990s. This is in sharp
contrast to the decline in most other drug use over the same period.
Nationwide, more than 3,000 young people start smoking daily; approximately
100 per day in Massachusetts.
C.
The earlier children begin to use tobacco, the more
likely they are to become heavy smokers, have a harder time quitting,
and die of tobacco-related illness. Young smokers underestimate the
harmful effects of tobacco use and do not recognize the process that
quickly leads them to addiction.
D.
The Walpole Board of Health finds cigarette smoking
and other tobacco use by minors to be a continuing problem with grave
public health consequences. In recognition of the Surgeon General's
conclusion that nicotine is as addictive as cocaine or heroin, action
is needed to curtail the easy access of minors to cigarettes and other
tobacco products.
E.
Accordingly, the Walpole Board of Health is implementing
a strict and enforceable system to prevent the illegal sale of cigarettes
and other tobacco products to minors.
The following words and phrases, whenever used
in this regulation, shall be construed as defined in this section:
An adult only establishment, no one under the age of 18 may
be admitted, which is devoted to the serving of alcoholic beverages
and in which the serving of food is only incidental to the consumption
of such beverages. Food sale revenue must be less than 20% of the
establishment's total revenue per year. A certified statement from
a CPA to attest to this fact must be sent to the Board of Health for
renewal of variance each year.
An area of a restaurant in which there is a bar and food
is incidental to the consumption of beverages. No one under the age
of 18 may be admitted to this area.
The Board of Health of the Town of Walpole.
The area surrounding the entrances and exits to public places
that a reasonable person would consider to be under the control of
the public place. It is the intent of this regulation to provide smoke-free
access to and within public places, e.g., the area immediately outside
the entrance to a supermarket would reasonably be considered to be
under the control of the supermarket and as such would be a nonsmoking
area.
Any place of business employing one or more persons who are
required to work on premises in an enclosed area. The designated workplace
also includes the controllable space outside the public entrances
and exits to the building or enclosed area.
Any person employed by an employer who performs services
for wages or other consideration or any person who volunteers their
services for a nonprofit entity.
Any person, partnership, nonprofit entity, corporation, trust,
or other organized group, including the Town of Walpole and any department
or agency thereof, who employs the services of one or more individual
persons.
All space between a floor and ceiling which is enclosed on
all sides by solid walls and windows, or other means which can effectively
contain smoking by-products from entering or leaving this area.
A facility generally available to the public for hire or
loan for the purpose of holding private or public functions.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental, or emotional, or other medical,
physiological or psychological conditions including but not limited
to rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, homes for the aging, or chronically ill, laboratories,
offices of any surgeon, chiropractor, physical therapist, physician,
dentist and all specialists within these professions including portions
of a personal residence used for such purposes.
Any sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
recreational facilities where members of the general public assemble
to engage in physical exercise, participate in athletic competition,
or witness sports events.
An electrical device hard wired to a vending machine. The
device must be activated by an employee.
An area in any of the facilities referenced in these regulations
designated and posted by the proprietor or person in charge where
smoking by patrons, employees or others is prohibited and where smoke
and smoking by-products are not permitted.
An individual, partnership, corporation, business, firm,
association or group including a city, town, county, or other governmental
unit.
A nonprofit organization per MGL c. 180 with a defined membership
that is not open to the public.
A function arranged for by persons other than the facility's
management where attendance is limited to guests only and no cover
fee is charged for attendance.
Any enclosed area open to and used by the general public,
or owned or operated by the Town of Walpole, including but not limited
to the following facilities: restaurants, function halls, bars, museums,
libraries, hospitals, nursing homes, schools, day-care centers, indoor
sports arenas, family day-care homes, auditoriums, public rest rooms,
and municipal buildings. "Public place" also includes the controllable
grounds outside the public entrances and exits to the public place.
Any establishment including but not limited to include cafeterias,
cafeterias in the designated workplace, nightclubs, banquet halls
or other function rooms, having one or more seats, serving food for
consumption on the premises to include outdoor seating, as well as
kitchens in which food is prepared on the premises for serving elsewhere,
including catering facilities. A restaurant is an establishment that
derives 20% or more of its total revenues from the sale of food per
year.
Any establishment commonly known as a supermarket, grocery
store, bakery, or convenience store where the primary activity is
the sale of food items to the public for off-premises consumption.
Any establishment whose primary purpose is to sell or offer
for sale to consumers, but not for resale, any goods, wares, merchandise,
articles or other things, including supermarkets and grocery stores.
"Retail store" shall not include restaurants as defined herein.
Displays of tobacco products from which individual packages,
multipacks, or cartons of tobacco products may be selected by the
customer.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, or pipe or any tobacco products in any manner or in any
form.
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco, or tobacco products upon the insertion
of coins, trade checks, bills, swipe cards or slugs.
The Town of Walpole.
