This regulation is promulgated under the authority granted to
the Plainville Board of Health under MGL c. 111, § 31, that,
"boards of health may make reasonable health regulation."
As used in this regulation, the following terms shall have the
meanings indicated:
ADULT-ONLY RETAIL TOBACCO AND NICOTINE DELIVERY PRODUCT STORE
An establishment that is not allowed to possess a retail
food permit, whose primary purpose is to sell or offer for sale but
not for resale, tobacco products, nicotine delivery products and tobacco
paraphernalia and in which the entry of persons under the minimum
legal sales age is prohibited at all times, and maintains a valid
permit for the retail sale of tobacco products and nicotine delivery
products as required to be issued by the Plainville Board of Health.
BLUNT WRAP
Any tobacco product manufactured or packaged as a wrap or
as a hollow tube made wholly or in part from tobacco that is designed
or intended to be filled by the consumer with loose tobacco or other
fillers.
CIGAR
Any roll of tobacco that is wrapped in leaf tobacco or in
any substance containing tobacco, with or without a tip or mouthpiece,
not otherwise defined as a cigarette under MGL c. 64C, § 1,
Paragraph 1.
E-CIGARETTE
Any electronic nicotine delivery product composed of a mouthpiece,
heating element, battery and/or electronic circuits that provides
a vapor of liquid nicotine to the user, or relies on vaporization
of any liquid or solid nicotine. This term shall include such devices
whether they are manufactured as e-cigarettes, e-cigars, e-pipes or
under any other product name.
EMPLOYEE
Any individual who performs services for an employer in return
for wages or profit.
EMPLOYER
Any individual, partnership, association, corporation, trust,
or other organized group of individuals, including the Town of Plainville
or any agency thereof, which regularly uses the services of two or
more employees.
ENCLOSED
A space bound by walls and under a roof.
FREESTANDING DISPLAY
An individual display of tobacco products or chewing tobacco
from which individual packages or cartons may be selected by the customer,
which is not attached to or on top of a checkout counter, or where
distribution of the tobacco products is not directly controlled by
an employee.
HEALTH CARE INSTITUTION
An individual, partnership, association, corporation or trust
or any person or group of persons that provides health care services
and employs health care providers licensed, or subject to licensing,
by the Massachusetts Department of Public Health under MGL c. 112
or a retail establishment that provides pharmaceutical goods and services
and is subject to the provisions of 247 CMR 6.00. Health care institutions
include, but are not limited to, hospitals, clinics, health centers,
pharmacies, drugstores, doctor offices and dentist offices.
INDIVIDUAL
Any employee, volunteer or any other person who patronizes
an area where tobacco products are sold.
INDOOR SPORTS ARENA
Any sports pavilion, gymnasium, health spa, boxing arena,
swimming pool, roller or ice rink, bowling alley, or other similar
place where members of the general public assemble to engage in physical
exercise, participate in athletic competition or witness sports events.
MINOR
Any individual who is under the age of 21 years.
MUNICIPAL BUILDING
Any building or facility owned, operated, leased or occupied
by the municipality, including school buildings or grounds.
NICOTINE DELIVERY PRODUCT
Any article or product made wholly or in part of a tobacco
substitute or otherwise containing nicotine that is expected or intended
for human consumption, but not including a tobacco substitute prescribed
by a licensed physician or a product that has been approved by the
United States Food and Drug Administration for sale as a tobacco use
cessation or harm reduction product or for other medical purposes
and which is being marketed and sold solely for that approved purpose.
Nicotine delivery product includes, but is not limited to, e-cigarettes.
NONRESIDENTIAL ROLL-YOUR-OWN (RYO) MACHINES
A mechanical device made available for use (including to
an individual who produces cigars, smokeless tobacco, pipe tobacco,
or roll-you-own tobacco solely for the individual's own personal
consumption or use) that is capable of making cigarettes, cigars,
or other tobacco products. RYO machines located in private homes used
for solely personal consumption are not nonresidential RYO machines.
PUBLIC PLACE
Any building or facility owned, leased, operated or occupied
by the municipality, including school buildings or grounds; 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, public restrooms, libraries, schools, municipal buildings,
museums, retail stores, retail food establishments, hair cutting establishments,
laundromats, indoor sports arenas, theaters, beano or bingo games,
auditoriums, public transit facilities and any rooms or halls when
used for public meetings. A room or 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.
RETAIL FOOD ESTABLISHMENT
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.
RETAIL STORE
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.
SELF-SERVICE DISPLAY
A display from which individual packs or cartons of tobacco
products may be selected by a customer.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, nicotine delivery product or other tobacco product in any
other form.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis,
snuff or tobacco in any of its forms.
VENDING MACHINE
Any automated or mechanical self-service device, which upon
insertion of money, tokens, or any other form of payment, dispenses
or makes cigarettes, any other tobacco product or nicotine delivery
product.
WORK SPACE
An enclosed area occupied by an employee during the course
of his employment.
WORKPLACE
An indoor area, structure or facility, or a portion thereof,
at which one or more employees perform a service for compensation
for the employer, other enclosed spaces rented to or otherwise used
by the public; and where the employer has the right or authority to
exercise control over the space.
These regulations shall not be interpreted or construed to permit
smoking where it is otherwise restricted by other applicable health,
safety or fire codes, regulations or statutes.
No person shall display on or in any bus, taxicab licensed or
garaged within the Town of Plainville or any other vehicle used for
public transportation within the Town of Plainville an advertisement
for cigarettes, cigars, pipe tobacco, smokeless tobacco, or other
tobacco product. Anyone violating this regulation shall be subject
to a fine of $100 per day per vehicle.
If any provision, clause, sentence or paragraph of this regulation
or the application thereof to any person or circumstance shall be
held invalid, such invalidity shall not affect the other provisions
of this article which can be given effect without the invalid provision
or application. To this end the provisions of this regulation are
declared severable.
These regulations shall be effective as of June 1, 1993. Amended:
December 3, 1997; June 6, 2001; June 5, 2002 (formatted numbers only);
April 2, 2014, June 1, 2016, January 2019, and August 2019.