As used in this article, the following terms shall have the meanings
indicated:
BLUNT WRAP
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers.
BUSINESS AGENT
Any 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.
ELECTRONIC CIGARETTE (E-CIGARETTE)
Any product or device that turns nicotine and chemicals into
a vapor, aerosol or mist inhaled by the consumer. Such devices are
often composed of a mouthpiece, heating element, and battery or electronic
circuits that provide a vapor from liquid or solid nicotine or non-nicotine
product to be inhaled by the user. This term shall include such devices
manufactured as e-cigarettes, e-cigars, e-hookahs, e-pipes, or under
any other product names.
EDUCATIONAL INSTITUTION
Any public or private college, normal school, professional
school, scientific or technical institution, university or other institution
furnishing a program of higher education.
EMPLOYEE
An individual or person who performs a service 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 minimis amount
of time.
EMPLOYER
Any individual, person, partnership, association, corporation,
trust, organization, school, college, university or other educational
organization or other legal entity, whether public, quasi-public,
private or non-profit, including the Town of Lexington or any agency
thereof, which uses the services of one or more employees at one or
more workplaces, at any one time.
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.
FOOD SERVICE ESTABLISHMENT
A place where food is prepared and intended for individual
portion service and includes the sites at which individual portions
are provided. The term includes such place regardless of whether consumption
is on or off the premises and regardless of whether there is a charge
for the food. The term includes, but is not limited to, delicatessens
that offer prepared food in individual service portions, mobile food
units, pushcarts and catering operations. The term does not include
residential kitchens, retail food outlets, or supply vehicles.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation, trust,
or any person or group of persons that provides health care services
and employs health care providers, licensed or subject to licensing,
by the Massachusetts Department of Public Health; or a retail establishment
that provides pharmaceutical goods and services and is subject to
the provisions of 247 CMR 6.00. Health care institutions include,
but are not limited to, hospitals, clinics, health centers, pharmacies,
drugstores, and medical, doctor, and dental offices.
INDOOR SPORTS ARENA
Any sports pavilion, gymnasium, health spa, swimming pool,
ice rink, or other similar place where members of the general public
assemble to engage in physical exercise, participate in athletic competition
or witness sports events.
MINIMUM LEGAL SALES AGE
The age an individual must be before that individual can
be sold tobacco products as defined herein.
MOBILE FOOD UNIT
A vehicle-mounted food establishment designed to be readily
movable.
NONSMOKING AREA
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.
OUTDOOR SPACE
An outdoor area, open to the air at all times and not enclosed
by a wall or side covering.
PERMIT HOLDER
Any person engaged in the sale or distribution of tobacco
products directly to consumers who applies for and receives a tobacco
product sales permit or any person who is required to apply for a
tobacco product sales permit pursuant to this article, or his/her
business agent.
PUBLIC PLACE
An enclosed, indoor area when open to and used by the general
public, including but not limited to the following facilities: atriums;
auditoriums; automatic teller machine lobbies; automobile repair and
maintenance establishments; bars, lounges; common areas of apartment
buildings containing four or more dwelling units, including stairwells,
halls, entranceways, mailrooms, laundry facilities and storage areas;
gasoline stations; licensed child-care locations, including child-care
homes; educational facilities; elevators accessible to the public;
clinics; health care providers; game arcades; hair cutting and cosmetology
establishments; inns, hotel and motel lobbies, stairwells, halls,
entranceways and public restrooms; freestanding kiosks; laundromats;
libraries; mobile food units; municipal buildings; museums; polling
places; schools; school buses; service lines; retail stores; retail
food outlets; indoor sports arenas; theaters; public transit facilities;
and any clubs, rooms or halls when used for public meetings.
RESTAURANT
Any establishment serving food for consumption on the premises
which maintains tables for the use of its customers. This includes
cafeterias and cafeterias in the workplace.
RETAIL FOOD OUTLET
Any establishment or section of an establishment where food
and food products are offered to the consumer and intended for off-premises
consumption. The term includes delicatessens that offer prepared food
in bulk quantities only. The term does not include roadside markets
that offer only fresh fruits and fresh vegetables for sale; food service
establishments; bakeries; or food and beverage vending machines.
RETAIL STORE
Any establishment selling goods, articles, or personal services
to the public.
SELF-SERVICE DISPLAY
Any display from which customers may select a tobacco product
without assistance from an employee or store personnel, excluding
vending machines.
SERVICE LINE
Any indoor or outdoor line at which one or more persons are
waiting for or receiving service of any kind, whether or not such
service involves the exchange of money.
SMOKING
The inhalation of the smoke, vapor, aerosol or mist of a
pipe, cigar, cigarette, tobacco product, e-cigarette, combustible
or noncombustible, by the consumer, regardless of product content.
TOBACCO PRODUCT
Any product containing, made, or derived from tobacco or
nicotine that is intended for human consumption, whether smoked, chewed,
absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any
other means, including, but not limited to: cigarettes, cigars, little
cigars, chewing tobacco, pipe tobacco, snuff, or electronic or e-cigarettes,
electronic cigars, electronic pipes, or other similar products, regardless
of nicotine content, that rely on vaporization or aerosolization.
A tobacco product includes any component, part, or accessory of a
tobacco product. A tobacco product does not include any product that
has been approved by the United States Food and Drug Administration
for sale as a tobacco cessation product and which is being marketed
and sold solely for the approved purpose.
VENDING MACHINE
Any automated or mechanical self-service device which, upon
insertion of money or any other form of payment, dispenses or makes
cigarettes or any other tobacco product.
WORKPLACE
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for the 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. The workplace shall include any space
or room, under the control of a public or private employer which employees
normally frequent during the course of employment, including, but
not limited to, work areas, offices, employee lounges and restrooms,
conference rooms, and hallways and where the employer has the right
or authority to exercise control over the space within 15 feet of
any entranceway to an office building in Zones CM, CRO and CD 1, 2,
and 3 and within 15 feet of all municipal buildings.