Definitions. As used in this regulation, the following terms shall
have the meanings indicated:
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.
EMPLOYEE
Any individual or person who performs services for an employer
in return for wages, profit, gratuity, privilege or benefit.
EMPLOYER
Any individual, person, partnership, association, corporation,
trust, school, college, university or other educational institution
or other legal entity, whether public, quasi-public, private or nonprofit,
including any public or private authority or municipal or other governmental
agency, which regularly uses the services of one or more employees.
ENCLOSED
A space bounded by walls (with or without windows or other
fenestrations) continuous from floor to ceiling and enclosed by one
or more doors, including but not limited to offices, function rooms
and hallways.
MEMBERSHIP ASSOCIATION
(1)
A not-for-profit entity that has been established and operates
for a charitable, philanthropic, civic, social, benevolent, educational,
religious, athletic, recreational or similar purpose and is comprised
of members who collectively belong to:
(a)
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;
(b)
A corporation organized under MGL c. 180;
(c)
An established religious place of worship or instruction in
the commonwealth whose real or personal property is exempt from taxation;
or
(d)
A veterans' 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.
(2)
Except for a religious place of worship or instruction, an entity
shall not be a membership association for the purposes of this definition
unless individual membership 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 that cannot
be enclosed by a wall or side covering.
OWNER or OPERATOR
Any individual, partnership, association, corporation, trust,
school, college or other educational institution or other organization,
including any public or private authority or municipal or other governmental
agency, that owns or operates a workplace, public place or membership
association.
PRIVATE RESIDENCE
The part of a structure used as a dwelling, including, without
limitation, a private home, townhouse, condominium, apartment, mobile
home, vacation home, cabin or cottage, a residential unit in a governmental
public housing facility, and the residential portions of a school,
college or university dormitory or facility. A residential unit provided
by an employer to an employee at a place of employment shall be considered
to be a residence if the unit is an enclosed indoor space used exclusively
as a residence and other employees, excluding family members of the
employee, or the public has no right of access to the residence. For
the purposes of this definition, a hotel, motel, inn, lodge, bed-and-breakfast
or other similar public accommodation, hospital, nursing home or assisted
living facility shall not be considered a residence.
PUBLIC PLACE
Any building, facility or vehicle owned, leased, operated
or occupied by the City of Quincy, including school buildings and
grounds; any enclosed area open to the general public, including but
not limited to retail stores, retail food stores, supermarkets, restaurants,
bars, cafes, libraries, museums, theaters, banks, laundromats, indoor
sports arenas, auditoriums, inn/hotel/motel lobbies, private and public
educational facilities, shopping malls, common areas of residential
buildings, public rest rooms, lobbies, staircases, halls, exits, entranceways,
elevators accessible to the public, public mass transit conveyances
and indoor platforms and enclosed outside platforms, open meetings
of a governmental body as defined in MGL c. 30A, § 11A,
MGL c. 39, § 23A, and MGL c. 34, § 9F, and licensed child-care locations.
RETAIL TOBACCO STORE
An establishment that 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 the other products is merely incidental, and
in which the entry of persons under the age of 18 is prohibited at
all times, and maintains a valid permit for the retail sale of tobacco
products as required to be issued by the City of Quincy.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, pipe, or other lighted tobacco product in any manner or
form or non-tobacco product designed to be combusted and inhaled.
WORK SPACE
Any enclosed area occupied by an employee during the course
of his or her employment, including but not limited to offices, customer
service areas, common areas, hallways, waiting areas, rest rooms,
lounges, and eating areas.