[HISTORY: Adopted by the City Council of the City of Springfield 7-12-2000 (Title 7, Ch. 7.44, of the 1986 Code). Amendments noted where applicable.]
There exists conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose, and throat; and the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and environmental tobacco smoke (hereinafter "ETS"), which includes both exhaled smoke and the side-stream smoke from burning cigarettes, causes the death of 53,000 Americans each year. Therefore, it is the policy of the City Council of the City of Springfield to guarantee the right of nonsmokers to breathe smoke-free air, and the need to breathe smoke-free air will have priority over the desire to smoke; and the City Council establishes this chapter to protect and improve the public health and welfare by limiting smoking in restaurants.
For the purposes of this chapter, the following words, terms, and phrases shall have the meanings respectively ascribed to them in this section, except where the context clearly indicates a different meaning:
- An establishment with a current license issued by the City of Springfield to serve alcohol whose business is primarily devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages. A bar shall be any establishment that derives more than 50% of its gross revenues from the sale of alcoholic beverages for consumption on the premises. Any bar, as defined above, in lawful existence as of the effective date of this chapter shall continue in existence notwithstanding any subsequent change or changes in the definition of "bar" under this chapter.
- BAR AREA OF A RESTAURANT
- The area of a restaurant where alcoholic beverages are served for consumption by guests on the premises and the service of food is incidental.
- CIGAR SHOP/EMPORIUM
- An establishment whose business is primarily devoted to the selling of tobacco products for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such products. An establishment which serves full meals cannot be considered a "smoking bar" for the purposes of this chapter. An establishment which serves appetizers and snacks may be considered a "smoking bar" for the purposes of this chapter.
- The City of Springfield.
- The Director of the Department of Health and Human Services of the City of Springfield.
- FOOD SERVICE ESTABLISHMENT
- A place where food is prepared and intended for individual portion service, and includes the site at which individual portions are provided. The term includes such places regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes restaurants as defined herein. The term does not include residential kitchens, retail food stores, or supply vehicles, nor shall it apply to any establishment that has seating for no more than 50 people.
- FOOD SERVICE PERMIT
- The document issued by the Director of the Department of Health and Human Services of the City of Springfield which authorizes a person to operate a food service establishment.
- FOOD SERVICE PERMIT HOLDER
- A person to whom the Director of the Department of Health and Human Services of the City of Springfield issued a food service permit.
- 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.
- POURING LICENSE
- A license approved by the Massachusetts Alcoholic Beverages Control Commission, as defined in MGL c. 138, § 12, that permits the sale of alcoholic beverages for consumption on the premises.
- PRIVATE ASSEMBLY ROOM
- That area of a hotel, motel, restaurant, bar or function hall which is primarily used for rental by the public for functions, parties, or banquets.
- PUBLIC PLACE
- Any building or facility, including public school or grounds, any area enclosed and open to the general public, including, but not limited to, libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public rest rooms, lobbies, staircases, halls, exits, entrances, elevators accessible to the public, and licensed child-care locations.
- Any coffee shop, cafeteria, sandwich stand, private and public school cafeteria, and other eating establishment which gives or offers 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.
- RESTAURANT NIGHTCLUB
- A restaurant with a valid pouring license that suspends its food service after 10:00 p.m. and then whose business is the serving of alcoholic beverages for consumption by guests on the premises.
- RETAIL FOOD ESTABLISHMENT
- Any establishment commonly known as a "supermarket," "grocery store" or "convenience store" in which the primary activity is the sale of food items to the public for off-premises consumption.
- RETAIL STORE
- Any establishment whose primary purpose is to sell or offer for sell to consumers, but not for resale, any goods or personal services, wares, merchandise, articles or other things, including supermarkets and grocery stores. "Retail store" shall not include restaurants as defined herein.
- SEATING CAPACITY
- The capacity designated on the occupancy permit of the food service establishment.
- SINGLE-ROOM RESTAURANT
- A restaurant which gives or offers food for sale to the public which is physically limited to one room, not subdivided by floor-to-ceiling physical barriers, and not including rest rooms or separate rooms for areas not open to the public such as kitchens.
- Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, or other tobacco product in any form.
Every person having control of premises upon which smoking is prohibited by and under the authority of this chapter shall conspicuously display upon the premises "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).
No person shall smoke nor shall any person, employer, or other person having control of the premises upon which smoking is prohibited by this chapter, or the agent or designee of such person, permit a person to smoke in a restaurant and/or retail store or public place as defined herein except as otherwise provided in § 316-5 of this chapter.
Notwithstanding the provisions of § 316-4 of this chapter, smoking shall be permitted in the following places and/or circumstances:
Hotel and motel conference/meeting rooms and private assembly rooms while these places are being used for private functions;
The bar area of a restaurant as defined in § 316-2, provided that the restaurant owner holds a valid pouring license, and provided further that:
The perimeter of a bar area of a restaurant in which smoking is permitted shall be enclosed by a floor-to-ceiling physical barrier, excluding entrances, or is at least six feet from the perimeter of any area primarily dedicated to the service of food.
The bar area of a restaurant in which smoking is permitted shall ventilate air from the bar area of the restaurant to the exterior of the restaurant.
The bar area of the restaurant shall be marked with signs that warn patrons of the dangers of exposure to secondhand smoke, and no person under the age of 21 years of age shall be seated or served.
The bar area of the restaurant shall not exceed:
A single-room restaurant with a valid pouring license, established as such as of the date of passage of this chapter, may elect to set aside a portion of the room for smoking if the ventilation system is configured to move air, at a rate of 30 cubic feet per minute, from the nonsmoking section of the room, through to the smoking section of the room, then to exit the building, ensuring annually through a letter submitted to the Springfield Department of Health and Human Services from a certified heating, ventilation and air-conditioning engineer attesting that the ventilation system is adequate to meet the provisions of this regulation, and further provide a minimum six-foot buffer space between the smoking and nonsmoking sections.
The smoking section of the room shall be marked with signs that warn patrons of the dangers of exposure to secondhand smoke; and
A restaurant/nightclub that suspends its food service after 10:00 p.m., at which time the business is then devoted to the serving of alcoholic beverages for consumption by guests on the premises and the serving of food is incidental, and such establishment prohibits the entry of all persons under the age of 21 years old at all times.
Cigar shop/emporium, provided such establishment prohibits the entry of all persons under the age of 18 years old at all times, and that such establishment posts signs that warn patrons of the dangers of exposure to secondhand smoke.
Outdoor or sidewalk seating or portions of a food service establishment, provided that such outdoor section may be covered but not otherwise enclosed except for one side which adjoins the food service establishment.
Notwithstanding the provisions of the foregoing § 316-5 of this chapter, nothing in this chapter shall be deemed to amend or repeal applicable fire, health or other ordinances, regulations, rules, or laws so as to permit smoking in areas where it is prohibited by such fire, health or other regulations, rules, or laws.
Any owner or manager of a restaurant subject to this chapter may apply to the Director of Health and Human Services for a waiver of any provision of this chapter for a period not to exceed 90 days.
All waivers shall be submitted to the Director or her designee on an application form provided by the Director, along with a nonrefundable filing fee of $100.
The decision to grant such a waiver shall be in the sole discretion of the Director, based upon the determination that such waiver is in the public interest. In so determining, the Director may take into account, but not limited to, the following:
No restaurant shall be granted more than one waiver.
As an alternative to initiating criminal proceedings, violations of this chapter may be enforced in the manner provided in MGL c. 40, § 21D, by the Springfield Department of Health and Human Services Director or its agents. The penalty for a violation of this chapter shall be a fine in an amount of $100.
Any citizen who desires to register a complaint under this chapter may request that the Director of Health and Human Services or its designee initiate an enforcement action.
Any appeal of any violation or a fine levied pursuant to § 316-8 or 316-9 shall be heard and decided by the City Clerk and/or his designee. The person said to have violated this chapter shall have the opportunity to be heard at such hearing and shall be notified of the decision of the City Clerk and the reasons therefor, in writing.