As used in this regulation, the following words shall have the following
meanings, unless the context requires otherwise:
COMPENSATION
Money, gratuity, privilege, or benefit received from an employer
in return for work performed or services rendered.
E-CIGARETTE
Any electronic device, not approved by the United States
Food and Drug Administration, 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, including
those containing marijuana, or solid nicotine. This term shall include
such devices whether they are manufactured as e-cigarettes, e-cigars,
e-pipes, e-hookah or under any other product name.
EMPLOYEE
An individual or person who performs a service for compensation
for an employer at the employer's workplace, including a contract
employee, temporary employee, and independent contractor who performs
a service in the employer's workplace for more than a de minimus amount
of time.
EMPLOYER
An individual, person, partnership, association, corporation,
trust, organization, school, college, university or other educational
institution or other legal entity, whether public, quasi-public, private,
or non-profit which uses the services of one or more employees at
one or more workplaces, at any one time, including the Town of Harvard.
ENCLOSED
A space bounded by walls, with or without windows or fenestrations,
continuous from floor to ceiling and enclosed by one or more doors,
including but not limited to an office, function room or hallway.
MARIJUANA
All parts of any plant of the genus Cannabis, not excepted
in 935 CMR 500.002: cannabis or marijuana or marihuana (a) through
(c) and whether growing or not; the seeds thereof; and resin extracted
from any part of the plant; clones of the plant; and every compound,
manufacture, salt, derivative, mixture or preparation of the plant,
its seeds or resin including tetrahydrocannabinol as defined in M.G.L.
Ch. 94G, § 1; provided that cannabis shall not include:
(a) the mature stalks of the plant, fiber produced from the stalks,
oil, or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture or preparation of the mature
stalks, fiber, oil, or cake made from the seeds of the plant or the
sterilized seed of the plant that is incapable of germination; (b)
hemp; or (c) the weight of any other ingredient combined with cannabis
or marijuana to prepare topical or oral administrations, food, drink
or other products.
MARIJUANA ESTABLISHMENT
A marijuana cultivator, marijuana testing facility, marijuana
product manufacturer, marijuana retailer or any other type of marijuana-related
business licensed by the Cannabis Control Commission pursuant to 935
CMR 500.050 as a marijuana cultivator, craft marijuana cooperative,
marijuana product manufacturer, independent marijuana testing laboratory,
storefront marijuana retailer, delivery-only marijuana retailer, marijuana
primary social consumption establishment, marijuana mixed-use social
consumption establishment, marijuana research facility, marijuana
transporter and marijuana micro-business.
MUNICIPAL BUILDING
Any building or facility owned, operated, leased or occupied
by the Town of Harvard.
OUTDOOR SPACE
An outdoor area, open to the air at all times and cannot
be enclosed by a wall or side covering.
RETAIL TOBACCO STORE
An establishment that is not required to possess a retail
food permit whose primary purpose is to sell or offer for sale to
consumers, but not for resale, tobacco products and paraphernalia,
in which the sale of other products or offer of services is merely
incidental, and in which the entry of persons under the age of 21
is prohibited at all times, and which maintains a valid permit for
the retail sale of tobacco products as required by the Harvard Board
of Health.
SMOKING (OR SMOKE)
The lighting of a cigar, cigarette, pipe or other tobacco
product or possessing a lighted cigar, cigarette, pipe or other tobacco
or non-tobacco product, including marijuana, designed to be combusted,
electronically vaporized, and inhaled.
SMOKING BAR
An establishment that primarily is engaged in the retail
sale of tobacco products for consumption by customers on the premises
and is required by M.G.L. Ch. 270, § 22 to maintain a valid
permit to operate a smoking bar issued by the Massachusetts Department
of Revenue. "Smoking bar" shall include, but not be limited to, those
establishments that are commonly known as "cigar bars" and "hookah
bars."
WORKPLACE
An indoor area, structure or facility or a portion thereof,
at which one or more employees perform a service for compensation
for an 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.