[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.
The area of a restaurant where alcoholic beverages are served
for consumption by guests on the premises and the service of food
is incidental.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
The capacity designated on the occupancy permit of the food
service establishment.
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).
A.
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:
A.
Smoking permitted:
(1)
Hotel and motel conference/meeting rooms and private assembly rooms
while these places are being used for private functions;
(3)
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:
(a)
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.
(b)
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.
(c)
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.
(d)
The bar area of the restaurant shall not exceed:
B.
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.
(1)
The smoking section of the room shall be marked with signs that warn
patrons of the dangers of exposure to secondhand smoke; and
C.
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.
D.
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.
E.
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.
A.
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.
B.
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:
C.
No restaurant shall be granted more than one waiver.
A.
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.
B.
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.
