For the purpose of this regulation, the following words shall have
the following meanings:
BUSINESS AGENT
An individual who has been designated by the owner or operator
of any establishment to be the manager or otherwise in charge of said
establishment.
COMPENSATION
Money, gratuity, privilege, or benefit received from an employer
in return for work performed or services rendered.
E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of solid nicotine or any liquid, regardless of whether the liquid
contains nicotine. This term shall include any devices, whether they
are manufactured as e-cigarettes, e-cigars, e-pipes or under any other
product name.
EMPLOYEE
Any individual who performs services for compensation for
an employer at the employer's workplace, including a contract employee,
temporary employee, and independent contractor who performs a service
in the employer's workplace for more than a de-minimus amount of time.
EMPLOYER
Any individual, partnership, association, corporation, trust
or other organized group, including Sharon or any agency thereof,
which uses the services of one or more employees
ENCLOSED
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including, but not limited to, an office, function room or hallway.
MEMBERSHIP ASSOCIATION
A not-for-profit entity that has been established and operates
for charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreation or similar purpose, and is comprised
of members who collectively belong to: (i) a society, organization
or association of a fraternal nature that operates under the lodge
system, and having one or more affiliated chapters or branches incorporated
in any state; or (ii) a corporation organized under MGL Chapter 180;
or (iii) an established religious place of worship or instruction
in the commonwealth whose real or personal property is exempt from
taxation; or (iv) a veteran's organization incorporated or chartered
by the Congress of the United States, or otherwise having one or more
affiliated chapters or branches incorporated in any state. Except
for a religious place of worship or instruction, an entity shall not
be a membership association for the purpose of this definition unless
individual membership containing not less than full membership costs
and benefits is required for all members of the association for a
period of not less than 90 days.
OUTDOOR SPACE
An outdoor area, open to the air at all times and which cannot
be enclosed by a wall or side covering.
PERSON
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 business agents or designees of any of the foregoing.
RETAIL TOBACCO STORE
An establishment which is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products is merely incidental, and in which
the entry of persons under the age of 18 is prohibited at all times,
and which maintains a valid permit for the retail sale of tobacco
products as required, issued by the Sharon Board of Health.
SMOKING (OR SMOKE)
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or non-tobacco product designed to be combusted and inhaled.
SMOKING BAR
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by MGL c. 270, § 22, to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly referred to as "cigar bars" and "hookah
bars."
WORKPLACE
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an employer; other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.