[Adopted as amended 1-12-1999 (Ch. 764 of the 2002 Bylaws)]
A.
The Board of Health of the Town of Greenfield does hereby find that:
(1)
The Environmental Protection Agency (1993) has designated environmental
tobacco smoke as a Class A carcinogen, for which there are no known
safe levels of exposure. Conclusive evidence exists that tobacco smoke
causes lung cancer, heart disease, negative birth outcomes, respiratory
infection, decreased respiratory function, bronchi-constriction, and
bronchi-spasm, allergies and irritations to the eyes, nose and throat
of both the smoker and nonsmoker exposed to secondhand smoke.
(2)
Accordingly, the Board of Health finds and declares that the purposes
of this regulation are to protect the public health and welfare by
prohibiting smoking in public places and to guarantee the right of
nonsmokers to breathe smoke-free air, and to recognize that the need
to breathe smoke-free air shall have priority over the desire to smoke.
(3)
Further, the Board of Health finds cigarette smoking and other tobacco
use by minors to be a continuing problem with grave public health
consequences. A third purpose of this regulation is to implement a
strict and enforceable system to prevent the illegal sale of cigarettes
and other tobacco products to minors.
B.
These regulations are adopted pursuant to MGL c. 111, § 31.
As used in this article, the following terms shall have the
meanings indicated:
An enclosed area that is separately vented and under a negative
pressure environment sufficient to prevent tobacco smoke from entering
all nonsmoking areas in a building. The ventilation rate in a designated
smoking area shall conform to the current American Society of Heating,
Refrigerating, and Air-Conditioning Engineers (ASHRAE) recommendations
for a smoking lounge [ventilation rate of 60 cubic feet per minute
(CFM) per person based on occupancy of no more than seven people per
100 square feet of net occupied space]. Particulate air cleaners or
filtration systems are not considered adequate ventilation.
Any freestanding establishment which is devoted to the serving
of alcoholic beverages for consumption by guests on the premises and
in which the serving of food is only incidental to the consumption
of such beverages.
An area of a restaurant which is devoted to the serving of
alcoholic beverages for consumption by guests on the premises and
in which revenues from the sale of food constitute 20% or less of
the total revenues in that area. The number of seats in a bar area
of a restaurant shall not exceed 25% of the establishment's total
seating capacity.
The Board of Health of the Town of Greenfield.
Any sole proprietorship, joint venture, corporation or other
business entity formed for profit-making purposes, including retail
establishments where goods or services are sold as well as professional
corporations and other entities where legal, medical, dental, engineering,
architectural or other professional services are delivered.
Any person who is employed by any employer in consideration
for direct or indirect monetary wages or profit, and any person who
volunteers his or her services.
Any person, business, partnership, corporation, including
a municipal corporation, or nonprofit entity, who or which employs
the services of one or more individual persons.
All space between a floor and ceiling which is enclosed on
all sides by solid walls, doors, or windows, which extend from the
floor to the ceiling, including all space therein screened by partitions
which do not extend to the ceiling or are not solid, "office landscaping"
or similar structures.
Any enclosed area 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, employee lounges and rest
rooms, conferences and classrooms, employee cafeterias and hallways.
A private residence is not a "place of employment" unless it is used
as a child-care or health-care facility.
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 private social functions 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.
Coffee shop, cafeteria, sandwich stand, private and public
school cafeteria, and other eating establishments which give or offer
food for sale to the public, guests, or employees, as well as kitchens
in which food is prepared on the premises for serving elsewhere, including
catering facilities, except that the term "restaurant" shall not include
a "bar."
A retail store utilized for the sale of tobacco products
and accessories and in which the sale of other products is merely
incidental.
Self-service distribution of tobacco products from which
individual packages or cartons may be selected by the customer.
Any indoor 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.
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, or any other tobacco product.
Sports pavilions, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice skating rinks, bowling alleys and other
similar places where members of the general public assemble either
to engage in physical exercise, participate in athletic competition,
or witness sports events.
Any machine or device designated for or used for the vending
of cigarettes, cigars, tobacco products upon the insertion of coins,
trade checks, or slugs.
A.
Smoking shall be prohibited in all enclosed public places within
the Town of Greenfield, including, but not limited to, the following
places:
(1)
Restaurants.
(2)
Retail stores and malls.
(3)
Waiting rooms, hallways, wards and semiprivate rooms of health-care
facilities, including, but not limited to, hospitals, clinics, physical
therapy facilities, doctors' offices and dentists' offices.
(4)
Child-care facilities.
(5)
Municipal buildings.
(6)
Schools (MGL c. 71, § 2A).
(7)
Elevators.
(8)
Buses, taxicabs, and other means of public transit under the authority
of the Town of Greenfield, and ticket, boarding, and waiting areas
of public transit depots (including airports).
(9)
Rest rooms.
(10)
All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, attorneys' offices and other offices, banks, laundromats, haircutting establishments, hotels and motels, including 75% of hotel/motel guest rooms [see § 507-11A(3)].
(11)
Public areas of aquariums, galleries, libraries and museums.
(12)
Any facility which is primarily used for exhibiting any motion
picture, stage, drama, lecture, musical recital or other similar performance,
except where smoking is part of the stage production.
(13)
Sports arenas, auditoriums and conventions halls.
(14)
Every room, chamber, place of meeting or public assembly under
the control of any board, council, commission, committee, including
joint committees, or agency of the Town of Greenfield or any political
subdivision of the state during such time as a public meeting is in
progress, to the extent such place is subject to the jurisdiction
of the Town of Greenfield.
(15)
Lobbies, hallways and other common areas in multiple-unit commercial
facilities.
(16)
Polling places.
B.
Notwithstanding any other provision of this section, any owner, operator,
manager or other person who controls any establishment or facility
may declare that entire establishment as a nonsmoking establishment.
B.
Each employer having an enclosed place of employment located within
the Town of Greenfield shall adopt, implement, make known and maintain
a written policy containing the following requirements: Smoking shall
be prohibited in all enclosed facilities within or controlled by a
place of employment. This includes common work areas, auditoriums,
classrooms, conference and meeting rooms, private offices, elevators,
hallways, medical facilities, cafeterias, employee lounges, stairs,
rest rooms, vehicles, and all other enclosed facilities.
C.
Each employer may specifically designate enclosed areas in which
employees may smoke; provided, however, that nonsmokers are not required
to use and/or pass through that enclosed area. Hallways, elevators,
entranceways, stairwells, rest rooms and waiting areas in all the
above facilities may not be designated as smoking areas. Designated
smoking areas must be separately ventilated to the outdoors. Nonsmoking
areas of comparable size and capacity must be available and provided
for those who do not wish to be exposed to tobacco smoke. Smoking
areas must be conspicuously marked.
D.
All employers shall supply a written copy of the smoking policy upon
request to any existing or prospective employee.
A.
Notwithstanding any other provision of this regulation to the contrary,
smoking may be permitted in the following places and/or circumstances:
(2)
Retail tobacco stores.
(3)
Restaurants, hotel and motel conference or meeting rooms and private and public assembly rooms while these places are being used for private functions and 25% of hotel and motel sleeping rooms designated as smoking rooms [see § 507-9A(10)].
(4)
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.
(5)
Limousines for hire, when the driver and all passengers affirmatively
consent to smoking in such vehicle.
(6)
Performers upon the stage, provided that smoking is part of a theatrical
production.
(7)
Bar areas of restaurants which are enclosed and equipped with adequate ventilation as defined in § 507-8. Upon request by the Greenfield Board of Health, the establishment shall provide proof of adequate ventilation, as defined in § 507-8, from a certified heating, ventilation and air conditioning engineer. The configuration of the restaurant shall not require nonsmoking dining patrons to pass through any portion of the bar area of the restaurant. Signs indicating the nonsmoking section shall be clearly, sufficiently and conspicuously posted in every nonsmoking area.
(8)
Bars.
B.
Bars and bar areas of restaurants that permit smoking must conspicuously
post signage approved and supplied by the Board at the entrance prohibiting
persons under 18 and advising patrons of the health hazards of environmental
tobacco smoke.
C.
Notwithstanding any other provision of this section, any owner, operator,
manager or other person who controls any establishment as described
in this section may declare that entire establishment as a nonsmoking
establishment.
A.
"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) shall be clearly, sufficiently
and conspicuously posted in every building or other place where smoking
is prohibited by this regulation by the owner, operator, manager or
other person having control of such building or other place.
B.
Every restaurant shall have posted at every entrance a conspicuous
sign clearly stating that smoking is prohibited.
These regulations shall not be interpreted or construed to permit
smoking where it is otherwise prohibited by other applicable health,
safety or fire codes, regulations or statutes.
A.
Sales to minors. In conformance with MGL c. 270, § 6, it
is a violation of these regulations to sell 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 parent or guardian, to give a cigarette,
chewing tobacco, snuff, or tobacco in any of its forms to any person
under the age of 18.
B.
Posting of state law. 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 shall be that
notice provided by the Massachusetts Department of 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 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.
C.
Identification required. No retailer shall sell or permit to be sold
cigarettes or other tobacco products to an individual without requesting
and examining photographic identification establishing the purchaser's
age as 18 years or greater.
D.
Permit required. After November 15, 1994, it shall be unlawful for
a retailer to sell cigarettes or other tobacco products unless that
retailer holds and maintains a valid permit from the Board of Health
for each location in which tobacco products are sold. The term of
the permit shall be one year.
E.
Vending machines. After November 15, 1994, cigarette vending machines
or any other mechanical self-service devices for the sale or distribution
of tobacco products are prohibited.
F.
Out-of-package sales prohibited. It is unlawful to sell cigarettes
out of the manufacturer's package with required health warnings. Sale
or distribution of cigarettes in any form other than an original factory-wrapped
package is prohibited.
G.
Free distribution/free samples prohibited. No person or entity shall
distribute without charge tobacco products in any public place or
at any event open to the public.
H.
Self-service displays prohibited. Self-service distribution of tobacco
products, from which individual packages or cartons may be selected
by the customer, is prohibited.
I.
Violations and penalties of § 507-16. A permit shall be suspended after notice and opportunity to be heard as follows:
(1)
In the case of a first violation, the permit holder shall be notified
in writing of penalties levied for further violations, including permit
suspension.
(2)
In the case of a second violation within a twenty-four-month period,
the permit holder shall be fined $200. The Board may waive the fine
and require the offending retailer to appear before the Board to outline
plans for compliance in the future.
(3)
In the case of a third violation within a twenty-four-month period,
the permit shall be suspended for three days from the date of suspension.
(4)
In the case of fourth and subsequent violations within a twenty-four-month
period, the permit shall be suspended for 30 days from the date of
suspension.
(5)
The Board shall provide notice to the permit holder of the intent
to suspend a tobacco sales permit, which notice shall contain the
reasons therefor and establish a time and date for a hearing, which
date shall be no earlier than seven days after the date of said notice.
The permit holder shall have an opportunity to be heard at such hearing
and shall be notified of the Board's decision, and the reasons therefor,
in writing. All tobacco products shall be removed from the premises
upon suspension of the tobacco sales permit. Failure to remove all
tobacco products shall constitute a separate violation of this regulation.
A.
The proprietor(s) of a public place may make written application
to the Board of Health for a variance from these regulations which
the Board of Health may grant to avoid manifest injustice or hardship,
provided that the decision shall not conflict with the spirit of any
minimum standard established by these regulations.
B.
Notice of a hearing upon an original application for a variance must
be posted with the public notice of the Board of Health meeting at
which it is to be considered.
C.
Variances may be granted for up to one year and extended for like
periods upon submission of a renewal application.
D.
A copy of any variance granted under this section shall be maintained
on the premises for which it is issued for public inspection and a
notice of the variance posted at the entrance.
