[Adopted by the Board of Health 3-31-1999]
The Town of Nantucket, pursuant to MGL c. 111, § 31,
adopts these regulations as reasonable health regulations designed
to protect and improve the health of its residents.
As used in these regulations, the following terms shall have
the meanings indicated:
BAR OR LOUNGE
An establishment with or without a food service license,
devoted primarily to serving alcoholic beverages for consumption by
guests on the premises, in which the consumption of food is incidental
only to the consumption of such beverages.
EMPLOYEE
A person who performs services for wages or other consideration.
EMPLOYER
A person, partnership, association, corporation, company
or other organized group, including the County/Town of Nantucket and
any department or agency thereof, and any municipal entity, which
utilizes the services of two or more employees.
FOOD SERVICE ESTABLISHMENT
An establishment having one or more seats at which food is
served to the public that is a covered area or located within a permanent
structure.
FUNCTION ROOM/HALL
A separate, enclosed room used for private functions within
a food service establishment.
MINOR
A person under 18 years of age.
PUBLIC PLACE
An enclosed, indoor area that is open to and used by the
general public, including and not limited to the following facilities:
licensed child-care facilities; educational facilities; clinics; nursing
homes; all elevators, stairwells, halls, lobbies and entranceways
accessible to the public; bars or lounges; common areas (not including
actual sleeping quarters) of guest houses, bed-and-breakfasts, inns,
hotels and motels; food service establishments; public rest rooms;
laundromats; hair salons, barbershops; libraries; municipal buildings;
museums; retail food establishments; indoor sports arenas; enclosed
shopping malls; theaters; auditoriums; public transit facilities;
and, any function rooms/halls when used for public meetings or public
social functions. A function room/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.
SMOKING
The lighting of or having in one's possession any lighted
cigarette, cigar, pipe, marijuana delivery product, tobacco product,
or any other matter or substance that contains tobacco, nicotine or
marijuana. The term "smoking" shall also include using or having in
one's possession any activated nicotine delivery product.
TOBACCO
Cigarettes, cigars, snuff, chewing tobacco or tobacco in
any of its forms.
TOBACCO VENDING MACHINE
A mechanical or electrical device which dispenses tobacco
products by self-service, with or without the assistance of a clerk
or operator.
VENTILATION SYSTEM
A mechanical or electrical device or system capable of removing
contaminated air from an enclosed space at a rate of 60 cubic feet
per minute.
WORKPLACE
Any area within a structure or portion thereof in which two
or more employees perform services for their employer. It also includes
employee lounges, rest rooms, dining areas, conference rooms, hallways,
stairways, and entranceways.
Smoking shall be prohibited in all public places (as defined in §
345-3) as of March 1, 1997.
Smoking shall be prohibited in all food service establishments and bars or lounges as defined in §
345-3, Definitions, as of January 2, 2000.
Every person having control of a premises where smoking is prohibited
by this regulation shall conspicuously display on the premises, including
the primary entrance doorways, signs reading "Smoking prohibited by
law." Posting of the international symbol for "no smoking" (consisting
of a pictorial representation of a burning cigarette enclosed in a
red circle with a red bar across it) shall be deemed as compliance.
The owner of a bar or lounge may apply to the Board of Health
for the variance of the prohibition of smoking in each bar or lounge.
Application shall be made in writing to the Board of Health, stating
the reasons and justification for the request. The Board of Health
shall conduct a public hearing on the request, at which time the owner
or operator shall present the request and the basis for the request.
The Board of Health may grant the requested variance, provided the
bar or lounge is equipped with a ventilation system as defined herein.
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 April 1, 1999.
[Adopted by the Board of Health 5-21-2015]
This regulation is adopted by the Town of Nantucket Board of
Health as authorized by MGL c. 111, § 31.
As used in these regulations, the following terms shall have
the meanings indicated:
MARIJUANA DELIVERY PRODUCT
Any device or material of any kind used to inhale marijuana,
including but not limited to the items defined as "drug paraphernalia"
in MGL c. 94C, § 1.
NICOTINE DELIVERY PRODUCT
Any device or material of any kind used to inhale nicotine,
including but not limited to e-cigarettes, e-cigars and e-pipes.
RECREATION AREA
Any property which is owned by the Town of Nantucket and
which is open to use by the public for recreational purposes, including
but not limited to beaches, parks, playgrounds and all parking areas
and structures used in connection therewith.
SMOKING
The lighting of or having in one's possession any lighted
cigarette, cigar, pipe, marijuana delivery product, tobacco product,
or any other matter or substance that contains tobacco, nicotine or
marijuana. The term "smoking" shall also include using or having in
one's possession an activated nicotine delivery product.
TOBACCO PRODUCT
Any product containing tobacco, including but not limited
to cigarettes, cigars, pipes, chewing tobacco and snuff.
Smoking and the use of any tobacco product on or in any recreation
area is prohibited, unless the person is sitting in a parked motor
vehicle.
This regulation shall be effective May 31 through September
30 of each year.