[Added 10-27-2008, effective 1-1-2009]
The purpose of this regulation is to protect the health of the residents and employees in the Town of Kingston.
This regulation is promulgated under the authority granted to the Kingston Board of Health pursuant to MGL c. 111, § 31, that "[b]oards of health may make reasonable health regulations." It is also promulgated pursuant to MGL c. 270, § 22(j), which states in part that "[n]othing in this section shall permit smoking in an area in which smoking is or may hereafter be prohibited by law including, without limitation: any other law or . . . health . . . regulation. Nothing in this section shall preempt further limitation of smoking by the commonwealth . . . or political subdivision of the commonwealth."
As used in this regulation, the following words shall have the following meanings, unless the context requires otherwise:
BUSINESS AGENT
An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of the establishment.
COMPENSATION
Money, gratuity, privilege, or benefit received from an employer in return for work performed or services rendered.
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 nonprofit, which uses the services of one or more employees at one or more workplaces, at any one time, including the Town of Kingston.
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.
MEMBERSHIP ASSOCIATION
A. 
A not-for-profit entity that has been established and operates for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of members who collectively belong to:
(1) 
A society, organization or association of a fraternal nature that operates under the lodge system, and having one or more affiliated chapters or branches incorporated in any state; or
(2) 
A corporation organized under Massachusetts General Laws Chapter 180; or
(3) 
An established religious place or worship or instruction in the Town of Kingston whose real or personal property is exempt from taxation; or
(4) 
A veterans' organization incorporated or chartered by the Congress of the United States, or otherwise, having one or more affiliated chapters or branches incorporated in any state.
B. 
Except for a religious place of worship or instruction, an entity shall not be a membership association for the purposes of this definition, unless individual membership is required for all members of the association for a period of not less than 90 days.
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 which 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 is merely incidental, and in which the entry of persons under the age of 18 is prohibited at all times, and maintains a valid permit for the retail sale of tobacco products as required to be issued by the Kingston Board of Health.
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 MGL c. 270, § 22, to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue.
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 nontobacco product designed to be combusted and inhaled, including the use of electronic cigarettes, electronic cigars, electronic pipes or other similar products that rely on vaporization or aerosolization.
WORK SPACE or WORK SPACES
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 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.
A. 
It shall be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace.
B. 
Smoking is hereby prohibited in Kingston in accordance with MGL c. 270, § 22.
C. 
Pursuant to MGL c. 270, § 22(j), smoking, and the use of any tobacco product, is also hereby prohibited in Kingston at Town-owned playgrounds, parks, and recreational facilities and in any establishment that possess a tobacco sales and location permit from the Town of Kingston.
A. 
An owner, manager, or other person in control of a building, vehicle or vessel who violates this article, in a manner other than by smoking in a place where smoking is prohibited, shall be punished by a fine of:
(1) 
$100 for the first violation;
(2) 
$200 for a second violation occurring within two years of the date of the first offense; and
(3) 
$300 for a third or subsequent violation occurring within two years of the second violation.
B. 
Each calendar day on which a violation occurs shall be considered a separate offense.
C. 
This regulation shall be enforced by the Board of Health and its designees.
D. 
Violations of § 405-57B shall be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D, without an enabling ordinance or bylaw. The disposition of fines assessed shall be subject to MGL c. 111, § 188.
E. 
Violations of § 405-57C may be disposed of by a civil penalty using the noncriminal method of disposition procedures contained in MGL c. 40, § 21D.
F. 
If an owner, manager or other person in control of a building, vehicle or vessel violates this regulation repeatedly, demonstrating egregious noncompliance as defined by regulation of the Department of Public Health, the Board of Health may revoke or suspend the license to operate and shall send notice of the revocation or suspension to the Department of Public Health.
G. 
Any person may register a complaint to initiate an investigation and enforcement with the Board of Health, the local inspection department or the equivalent.
If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not effect the legality of any remaining paragraphs or provisions.
Notwithstanding the provisions of § 405-57 of this regulation, nothing in this regulation shall be deemed to 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.