A. BUSINESS AGENT EMPLOYEE EMPLOYER ENCLOSED MEMBERSHIP ASSOCIATION(1) (a) (b) (c) (d) (2) OUTDOOR SPACE OWNER or OPERATOR PRIVATE RESIDENCE PUBLIC PLACE RETAIL TOBACCO STORE SMOKING WORK SPACE
Definitions. As used in this regulation, the following terms shall have the meanings indicated:
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.
Any individual or person who performs services for an employer in return for wages, profit, gratuity, privilege or benefit.
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.
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.
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 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;
A corporation organized under MGL c. 180;
An established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or
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.
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.
An outdoor area open to the air at all times and that cannot be enclosed by a wall or side covering.
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.
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.
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,[1] and licensed child-care locations.
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.
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.
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.
B.
Guidelines. The Commissioner of Public Health for the City of Quincy may issue guidelines for the implementation of this regulation, including but not limited to definitions of terms as used in this regulation and in the guidelines.