[HISTORY: Adopted by the Tri-Town Health District (Lee, Lenox
and Stockbridge Board of Health) 7-8-1992, as amended 1-1-1995. Subsequent amendments noted
where applicable.]
There exists conclusive evidence that tobacco smoke causes cancer,
respiratory diseases, various cardiac diseases, negative birth outcomes,
allergies and irritation to the eyes, nose and throat to both the
smoker and nonsmoker exposed to secondhand smoke. Evidence further
demonstrates that tobacco is extremely addictive. More than 80% of
all smokers begin smoking before age 18, and more than 3,000 young
people begin smoking every day in this nation. Massachusetts youths
are beginning smoking at very young ages. Therefore, these regulations
are adopted pursuant to MGL c. 111, § 31 as reasonable health
regulations designed to protect and improve the health of the residents
of the Towns of Lee, Lenox and Stockbridge.
As used in this regulation, the following terms shall have the
meanings indicated:
An area which is primarily dedicated to the serving of alcoholic
beverages and in which the service of food is only incidental to the
consumption of such beverages.
Any individual who performs services for an employer in return
for wages or profit or an individual who performs services for an
employer as a nonpaid volunteer.
Any individual, partnership, association, corporation, trust
or other organized group of individuals, including the Towns of Lee,
Lenox and Stockbridge or any agency thereof, who or which regularly
uses the services of two or more employees.
A space bound by walls and under a roof.
Any sports pavilion, gymnasium, health spa, boxing arena,
swimming pool, roller or ice rink, bowling alley or other similar
place where members of the general public assemble to engage in physical
exercise, participate in athletic competition or witness sports events.
Any area that is designated and posted by the proprietor
or person in charge as a place where smoking by patrons, employees
or others is prohibited.
An enclosed, indoor area when open to and used by the general
public, including but not limited to the following facilities: licensed
child-care locations, educational facilities, elevators accessible
to the public, clinics and nursing homes, inns, hotel and motel lobbies,
stairwells, halls, entranceways and public rest rooms, libraries,
schools, municipal buildings, museums, retail stores, retail food
establishments, indoor sports arenas, theaters, auditoriums, public
transit facilities and any rooms or halls when used for public meetings.
A room or hall used for a private social function, 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 serving food for consumption on the premises
which maintains tables for use of its customers. This definition includes
cafeterias and cafeterias in the workplace.
Any establishment commonly known as a "supermarket" or "grocery
store" in which the primary activity is the sale of food items to
the public for off-premises consumption.
Any establishment selling goods or articles or personal services
to the public.
Any establishment whose primary business is that of exclusively
selling tobacco products. Stores that sell food products and tobacco
products do not apply to this category.
That capacity designated on the occupancy permit of a restaurant,
theater or sports arena.
The lighting of any cigar, cigarette, pipe or other tobacco
product or having possession of any lighted cigar, cigarette, pipe
or other tobacco product.
Any vending machine which contains within it tobacco products
that are available for sale to the general public. Vending machines
that sell both tobacco products and products of a nontobacco nature
shall apply under this definition.
No person shall smoke in any public place, except that smoking
shall be permitted in specifically designated smoking areas as hereinafter
provided. No place governed by these regulations shall be designated
as a smoking area in its entirety. Nothing in this section shall be
construed to require the designation of a smoking area. "Workplace"
means any area within a structure, or portion thereof, at which two
or more employees perform services for their employer. It also includes
employee lounges, rest rooms, conference rooms, hallways, stairways
and entranceways.
A.
Restaurants.
(1)
All restaurants shall become smoke free by July 1, 1995. Prior to
that date nonsmoking areas shall be designated as follows:
(2)
Each restaurant shall have and comply with a policy of asking seating
preference of patrons.
(3)
Seats at the bar, in the same room, shall be included when determining
seating capacity for the purpose of calculating the size of the nonsmoking
area.
B.
Museums, libraries, clinics, nursing homes, auditoriums, indoor sports
arenas, hotels/motels and municipal buildings. Smoking areas may be
designated in museums, libraries, inns, hotel and motel lobbies, clinics,
nursing homes, long-term care facilities, theaters, auditoriums, educational
facilities, indoor sports arenas and municipal buildings; provided,
however, that comparable nonsmoking areas of sufficient size and capacity
are available, and provided, further, that physical barriers and/or
ventilation systems are used to segregate smoking areas from nonsmoking
areas. Hallways, elevators, entranceways, stairwells, rest rooms and
waiting areas in all the above facilities may not be designated as
smoking areas. Areas designated as smoking and nonsmoking areas must
be conspicuously marked.
C.
Public transit facilities. The prohibition on smoking in public places
shall apply to buses, taxis and other means of public mass transit
while operating within the boundaries of the Towns of Lee, Lenox and
Stockbridge.
D.
Retail stores. Smoking shall be prohibited in all retail food stores.
E.
Hotels/Motels. Hotels and motels shall designate at least 75% of
all rooms as nonsmoking rooms.
F.
Areas where smoking is optional. Notwithstanding any other provision
of these regulations, the following areas shall not be subject to
the smoking restrictions of the regulations:
(1)
Any business which has been declared by its owner, operator, manager
or person in charge to be a nonsmoking establishment.
(2)
Bars.
(3)
Private residences.
(4)
Hotel and motel rooms rented to guests, to the extent that no more
than 25% of all rooms may be rented where smoking is optional.
(5)
Retail tobacco stores.
(6)
Hotel and motel conference/meeting rooms and public and private assembly
rooms while these places are being used for private functions.
(7)
Private or semiprivate rooms of nursing homes and long-term care
facilities occupied by one or more patients all of whom are smokers
who have requested, in writing, on the facility admission form to
be placed in rooms where smoking is permitted.
(8)
Limousines for hire, when the driver and all passengers affirmatively
consent to smoking in such vehicle.
(9)
Performers upon the stage, provided that the smoking is part of a
theatrical production.
G.
Implementation. The proprietor(s) or other person(s) in charge of
a place covered by this regulation shall prevent smoking in nonsmoking
areas by:
(1)
Conspicuously posting a notice or sign at each entrance to the place
indicating that smoking is prohibited therein except in specifically
designated areas and, in addition, conspicuously posting "Smoking"
or "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) in every area where smoking is
permitted or prohibited by this regulation.
(2)
Arranging seating so that existing physical barriers, ventilation
systems and available space are utilized to minimize the exposure
to smoke of persons in the nonsmoking area. Nonsmoking areas are to
be situated near the fresh air intake vent of the building.
(3)
Asking patrons who may be smoking in the nonsmoking area either to
refrain from smoking or to move to a smoking area.
(4)
Using any other means which may be appropriate and reasonable to
enforce these regulations.
A.
It shall be unlawful for any person to smoke in any workplace except in specifically designated smoking areas as described in Subsection B.
B.
Each employer may specifically designate enclosed areas in which
employees may smoke; provided, however, that comparable nonsmoking
areas of sufficient size and capacity are available, and provided,
further, that physical barriers and/or ventilation systems are used
to segregate smoking areas from nonsmoking areas. Hallways, elevators,
entranceways, stairwells, rest rooms and waiting areas in all the
above facilities may not be designated as smoking areas. Areas designated
as smoking and nonsmoking areas must be conspicuously marked.
C.
Each person having control of premises upon which smoking is prohibited
by this regulation, or his or her agent or designee, shall conspicuously
display upon the premises an appropriate number of signs reading "Smoking
Prohibited by Law."
D.
It shall be unlawful for any person having control of any premises
upon which smoking is prohibited by this regulation to knowingly permit,
or for his or her agent to knowingly permit, a violation of this regulation.
A.
Any person who smokes in a nonsmoking area shall be subject to a
fine of not less than $20 nor more than $50 for each violation.
B.
Any proprietor(s) or other person(s) in charge of a public place
or workplace who fails to comply with these regulations shall be subject
to both:
C.
In addition to the remedies provided by Subsections A and B above, the Board of Health or any person aggrieved by the failure of the proprietor or other person in charge of a public place or workplace to comply with any provision of this regulation may apply for injunctive relief to enforce the provisions of this regulation in any court of competent jurisdiction.
D.
Any person aggrieved by the failure or refusal to comply with restrictions
in any municipal building may complain, in writing, to the head of
the department or agency occupying the area where the violation takes
place. Said agency or department head shall respond, in writing, within
15 days to the complainant that he or she has inspected the area described
in the complaint and has enforced the provisions of this regulation
as provided herein.
These regulations shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable health,
safety or fire codes, regulations or statutes.
A.
In conformance with MGL c. 270, § 6, whoever sells a cigarette,
chewing tobacco, snuff or any tobacco in any of its forms to any person
under the age of 18 or, not being his or her parent or guardian, gives
a cigarette, chewing tobacco, snuff or tobacco in any of its forms
to any person under the age of 18 shall be punished by a fine of not
less than $100 for the first offense, not less than $200 for the second
offense and not less than $300 for any third or subsequent offense.
B.
No person, firm, corporation, establishment or agency shall sell
tobacco within the Towns of Lee, Lenox and Stockbridge without a tobacco
sales permit issued by the Tri-Town Health Department.
(1)
An application for a tobacco sales permit shall be filed within 45
days following the effective date of this regulation on a form provided
by the Tri-Town Health Department.
(2)
The fee for an initial tobacco sales permit shall be $100. All such
permits shall be renewed annually, by January 1, at an annual renewal
fee of $100.
(3)
Tobacco sales permits must be posted conspicuously to the public.
C.
In conformance with MGL c. 270, § 7, a copy of MGL c. 270,
§ 6 shall be posted conspicuously by the owner or other
person in charge thereof in the shop or other place used to sell cigarettes
at retail. The notice to be posted shall be that notice provided by
the Massachusetts Department of Public Health. Such notice shall be
at least 48 square inches and shall be posted at the cash register
which receives the greatest volume of single cigarette package sales
in such a manner so that it may be readily seen by a person standing
at or approaching the cash register. Such notice shall directly face
the purchaser and shall not be obstructed from view or placed at a
height of less than four feet or greater than nine feet from the floor.
For all other cash registers that sell cigarettes, a notice shall
be attached which is no smaller than nine square inches, which is
the size of the sign provided by the Massachusetts Department of Public
Health. Such notice must be posted in a manner so that it may be readily
seen by a person standing at or approaching the cash register. Such
notice shall directly face the purchaser and shall not be obstructed
from view or placed at a height of less than four feet or more than
nine feet from the floor.
D.
The Board of Health or its enforcement officer(s) shall enforce this
regulation.
E.
Whoever violates this provision shall be punished by a fine of not
less than $50. Any person unlawfully removing a copy so posted while
said premises are used for the sale of cigarettes shall be punished
by a fine of $10.
No person or entity selling tobacco products shall allow anyone
under 18 years of age to sell cigarettes or other tobacco products.
No person or entity shall, in or upon any part of the streets,
parks, public grounds, public buildings or other public places within
the Towns of Lee, Lenox and Stockbridge, distribute any products containing
tobacco, without charge, for any promotional or other commercial purpose.
Display of cigarette/tobacco products from which individual
packages or cartons may be selected by the customer is prohibited.
No tobacco products may be sold by vending machine within the
Towns of Lee, Lenox and Stockbridge.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected thereby
but shall continue in full force and effect.
These regulations shall be effective as of January 1, 1995.
