An owner, employer, or person having control of a premises where
smoking is prohibited shall conspicuously display upon the premises
"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). These signs shall be comparable
in size to the sign provided by the Massachusetts Department of Public
Health, which are available from the Barnstable Board of Health.
Notwithstanding the provisions of this regulation, the smoking
of tobacco products may be permitted in the following places and/or
circumstances:
A. Private residences, except those portions used as a child-care or
health-care office when operating as such.
B. A guest room in a hotel, motel, inn, bed-and-breakfast or lodging
home rented to guests that are designated as "smoking rooms."
C. An outdoor location where the public may gather that is under federal
or state jurisdiction, which has a policy on smoking accepted by the
Board of Health.
D. An outdoor location where the public may gather that is owned and
under the control of a membership association, which has a policy
on smoking accepted by the Board of Health.
E. Any smoking bar in existence as of February 4, 2000, which obtained
a variance from the Board of Health. No preexisting smoking bar shall
be permitted to either sell tobacco products to minors or to allow
minors to use tobacco products on the premises.
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.