[Adopted effective 7-15-2000]
Whereas conclusive evidence exists that tobacco smoke causes
cancer (U.S. Surgeon General, 1986), respiratory and cardiac diseases,
negative birth outcomes, irritations to eyes, nose and throat; and
whereas the harmful effects of tobacco smoke are not confined to smokers
but also cause severe discomfort and illness to nonsmokers; and whereas
environmental tobacco smoke (ETS), which includes both exhaled smoke
and the side stream smoke from burning cigarettes, causes the death,
by lung cancer alone, of 3,000 Americans each year (U.S. EPA, 1993);
and whereas, in 2000, the Public Health Service's National Toxicology
Program listed environmental tobacco smoke as a known human carcinogen
(U.S. DHHS, 2000, citing Cal. EPA, 1997); now, therefore, the Town
of Hull recognizes the right of those who wish to breathe smokefree
air and recognizes that the need to breathe smokefree air shall have
priority over the desire to smoke and establishes this regulation
to protect and improve the public health and welfare by prohibiting
smoking in certain public areas.
This regulation is promulgated under the authority granted the Hull Board of Health under Massachusetts General Laws, Chapter 111, Section 31 that "Boards of Health may make reasonable health regulations."
For the purpose of this regulation, the following definitions
shall apply.
An establishment whose business 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 that is devoted to the serving of
alcoholic beverages for consumption by guests or restaurant patrons
on the premises and in which the serving of food is only incidental
to the consumption of such beverages.
The Board of Health of the Town of Hull.
Any office or institution providing care or treatment of
disease, whether physical, mental, emotional, or other medical, physiological
or psychological conditions including but not limited to rehabilitation
hospitals or other clinics, including weight control clinics, nursing
homes, homes for the aging or chronically ill, laboratories, offices
of any surgeon, chiropractor, physical therapist, physician, dentist
and all specialists within these professions.
Any sports pavilion, gymnasiums, health spas, boxing arenas,
swimming pools, roller and ice rinks, bowling alleys and other similar
recreational facilities where members of the general public assemble
either to engage in physical exercise, participate in athletic competition,
or witness sports events.
The outdoor, or sidewalk seating portion of a restaurant,
provided that such outdoor section is not enclosed, except for one
side which adjoins the restaurant.
A Section 12 License, as defined by the Massachusetts Alcoholic
Beverages Control Commission, that permits the sale of alcoholic beverages
to be drunk on the premises.
A not-for-profit establishment with a defined membership.
Any building or facility owned, leased, operated or occupied
by the municipality, including school buildings or grounds, any area
open to the general public including, but not limited to, libraries,
museums, theaters, banks, laundromats, indoor sports arenas, auditoriums,
inns, hotel and motel lobbies, educational facilities, shopping malls,
public rest rooms, lobbies, staircases, halls, exits, entrance ways,
elevators accessible to the public and licensed child-care centers.
Buses, taxis, and other means of transportation available
to the general public while such means of transportation is operating
within the boundaries of the city including indoor platforms by which
such means of transportation may be accessed.
Any coffee shop, cafeteria, sandwich stand, private and public
school cafeteria, and other eating establishment which gives or offers
food for sale to the public, guests, or employees for on-premises
consumption, as well as kitchens in which food is prepared on the
premises for serving elsewhere, including catering facilities.
Any establishment commonly known as a supermarket, grocery
store, bakery, or convenience store in which the primary activity
is the sale of food items to the public for off-premises consumption.
Any establishment whose primary purpose is to sell or offer
for sale to consumers, but not for resale, any goods, wares, merchandise,
articles or other things, including retail food stores. "Retail Store"
shall not include restaurants as defined herein.
The capacity designated on the occupancy permit of a food
service establishment.
Inhaling, exhaling, burning or carrying any lighted tobacco
product.
The Town of Hull.
A mechanical system to remove tobacco smoke and exchange
inside air by bringing in fresh air. Particulate air cleaners or filtration
systems are not considered a ventilation system.
No person shall smoke nor shall any person, employee, or other person having control of the premises upon which smoking is prohibited by this regulation, or the agent or designee of such person, permit a person to smoke in any of the following places as defined herein: restaurants, retail stores, supermarkets, grocery stores, health-care facilities, polling places, public places, sports arenas or public transportation, except as otherwise provided in § 500-2.12 of this regulation.
Every person having control of premises upon which smoking is
prohibited by and under the authority of this regulation shall conspicuously
display upon the premises "No Smoking" signs provided by the Massachusetts
Department of Public Health and available from the Board of Health
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) and comparable in size to the sign provided by
the Massachusetts Department of Public Health and available from the
Board of Health.
Notwithstanding the provisions of § 500-2.8 and § 500-2.9 of this regulation, smoking may be permitted in the following places and/or circumstances:
A.
Private residences, except those portions used as child care or health
care office when operating as such.
B.
Hotel and motel rooms rented to guests that are designated as smoking
rooms.
C.
Hotel and motel meeting rooms and private and public assembly rooms
while these places are being used for private functions.
D.
Private or semiprivate rooms of nursing homes and long-term care
facilities, occupied by one or more patients, which are separately
ventilated, all of whom are smokers who have requested in writing
to be placed in rooms where smoking is permitted.
E.
The bar area of a new restaurant that holds a pouring license, provided
that as of July 15, 2000, it is (1) separated from the non-smoking
area of the restaurant by location in a separate room or by means
of physical barriers that completely enclose the bar area of the restaurant,
and is (2) served by a ventilation system that is separate from the
ventilation system that serves the non-smoking portion of the restaurant
so as not to interfere with the smokefree air of the non-smoking area
of the restaurant; or, it is separated from the non-smoking dining
area of the restaurant and ensures that the air from the bar area
does not interfere with the smokefree air in the dining area. The
proprietor or person in charge of each existing restaurant shall arrange
seating so that the existing physical barriers, ventilation systems
and available space are utilized to minimize the effects of smoke
on persons in the non-smoking area.
F.
Bars that permit smoking must prohibit the entry of persons under
18 years of age and conspicuously post signs approved by the Hull
Board of Health at the entrance prohibiting persons under 18 years
of age advising patrons of the health hazards of environmental tobacco
smoke; and
G.
Retail tobacco stores that are primarily for the sale of tobacco
products and paraphernalia, in which the sale of other products is
merely incidental, prohibit minors from entering the establishment
and are not required to possess a retail food permit.
H.
Private clubs, except when the private club is open to the public.
Any person who violates this regulation shall be subject to
a fine in an amount of $100 for a first offense and $200 for a second
of subsequent offense.
One method of enforcement may be periodic, unannounced inspections
of those establishments subject to this regulation. Any citizen who
desires to register a complaint under this regulation may request
that the Board of Health initiate enforcement.
A.
Whoever violates any provision of this regulation of which is subject
to a specific penalty may be penalized by the non-criminal method
of disposition as provided in Massachusetts General Laws, Chapter
40, Section 21D or by filing a criminal complaint at the appropriate
venue.
B.
Each day on which any violation exists shall be deemed to be a separate
offense.
Notwithstanding the provisions of the foregoing, nothing in
this regulation shall be deemed to either amend or repeal applicable
fire, health or other regulations so as to permit smoking in areas
where it is prohibited by such fire, health or other regulations.
If any provision of these regulations is declared invalid or
unenforceable, the other provisions shall not be affected but shall
continue in full force and effect.
These regulations shall be effective as of July 15, 2000.
