[HISTORY: Adopted by the Health Department of the City of Quincy as indicated in article histories. Amendments noted where applicable.]
[Adopted effective 8-9-2004]
A. 
Definitions. As used in this regulation, the following terms shall have the meanings indicated:
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 said establishment.
EMPLOYEE
Any individual or person who performs services for an employer in return for wages, profit, gratuity, privilege or benefit.
EMPLOYER
Any individual, person, partnership, association, corporation, trust, school, college, university or other educational institution or other legal entity, whether public, quasi-public, private or nonprofit, including any public or private authority or municipal or other governmental agency, which regularly uses the services of one or more employees.
ENCLOSED
A space bounded by walls (with or without windows or other fenestrations) continuous from floor to ceiling and enclosed by one or more doors, including but not limited to offices, function rooms and hallways.
MEMBERSHIP ASSOCIATION
(1) 
A not-for-profit entity that has been established and operates for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreational or similar purpose and is comprised of members who collectively belong to:
(a) 
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;
(b) 
A corporation organized under MGL c. 180;
(c) 
An established religious place of worship or instruction in the commonwealth whose real or personal property is exempt from taxation; or
(d) 
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.
(2) 
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 that cannot be enclosed by a wall or side covering.
OWNER or OPERATOR
Any individual, partnership, association, corporation, trust, school, college or other educational institution or other organization, including any public or private authority or municipal or other governmental agency, that owns or operates a workplace, public place or membership association.
PRIVATE RESIDENCE
The part of a structure used as a dwelling, including, without limitation, a private home, townhouse, condominium, apartment, mobile home, vacation home, cabin or cottage, a residential unit in a governmental public housing facility, and the residential portions of a school, college or university dormitory or facility. A residential unit provided by an employer to an employee at a place of employment shall be considered to be a residence if the unit is an enclosed indoor space used exclusively as a residence and other employees, excluding family members of the employee, or the public has no right of access to the residence. For the purposes of this definition, a hotel, motel, inn, lodge, bed-and-breakfast or other similar public accommodation, hospital, nursing home or assisted living facility shall not be considered a residence.
PUBLIC PLACE
Any building, facility or vehicle owned, leased, operated or occupied by the City of Quincy, including school buildings and grounds; any enclosed area open to the general public, including but not limited to retail stores, retail food stores, supermarkets, restaurants, bars, cafes, libraries, museums, theaters, banks, laundromats, indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private and public educational facilities, shopping malls, common areas of residential buildings, public rest rooms, lobbies, staircases, halls, exits, entranceways, elevators accessible to the public, public mass transit conveyances and indoor platforms and enclosed outside platforms, open meetings of a governmental body as defined in MGL c. 30A, § 11A, MGL c. 39, § 23A, and MGL c. 34, §  9F,[1] and licensed child-care locations.
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 the 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 City of Quincy.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form or non-tobacco product designed to be combusted and inhaled.
WORK SPACE
Any enclosed area occupied by an employee during the course of his or her employment, including but not limited to offices, customer service areas, common areas, hallways, waiting areas, rest rooms, lounges, and eating areas.
[1]
Editor's Note: All three of these sections were repealed by St. 2009, c. 28. See now MGL c. 30A, §§ 18 to 25.
B. 
Guidelines. The Commissioner of Public Health for the City of Quincy may issue guidelines for the implementation of this regulation, including but not limited to definitions of terms as used in this regulation and in the guidelines.
A. 
Smoking is prohibited in all workplaces, public places and membership associations within the City of Quincy. It shall be unlawful for any owner, operator, business agent or employer to permit smoking in a workplace, public place or membership association.
B. 
It shall further be the responsibility of the employer to provide a smoke-free environment for all employees working in an enclosed workplace. Each employer shall adopt, distribute and implement a written policy prohibiting smoking in the workplace in accordance with this regulation.
C. 
The written smoking policy shall be adopted and distributed to all employees within four weeks of the effective date of this regulation or within four weeks of the commencement of business operations. A copy of the policy shall be clearly and conspicuously posted in common areas of the workplace.
D. 
The employer shall post in a clear and conspicuous manner in the workplace signs stating that smoking is prohibited.
Notwithstanding the provisions of § A402-2 of this regulation, smoking may be permitted in the following places and/or circumstances:
A. 
Private residences, except during such time when the residence is utilized as part of a business as a group child care center, school age day-care center, school age day or overnight camp, or a facility licensed by the Office of Child Care Services or as a health-care-related office or facility;
B. 
Hotel, motel, inn, bed-and-breakfast and lodging home rooms that are rented to guests and are designated as smoking rooms. A room so designated shall have signs posted indicating that smoking is allowed therein;
C. 
Nursing homes, licensed pursuant to MGL c. 111, § 71, and any acute care substance abuse treatment center under the jurisdiction of the commonwealth, after application and approval by the Quincy Health Department for designation of part of the facility as a residence after compliance with the provisions of MGL c. 270, § 22(f), as amended, pertaining to such application;
D. 
Performers upon a stage provided that the smoking is part of a theatrical production or professional film production;
E. 
Religious ceremonies where smoking is part of the ritual; and
F. 
Retail tobacco store, if the store maintains a valid permit for the sale of tobacco products issued by the City of Quincy. All required permits shall be displayed in a conspicuous manner, visible at all times to patrons of the establishment.
A. 
It shall be the responsibility of the owner, operator, employer, business agent, or other person having control of a workplace, public place or membership association to ensure compliance with all sections of this regulation pertaining to his/her place of business or any person in violation of any section of this regulation. A violator of this regulation may receive:
(1) 
In the case of a first violation, a fine of $100;
(2) 
In the case of a second violation within 24 months of the first violation, a fine of $200; and
(3) 
In the case of three or more violations within 24 months of the second or current violation, a fine of $300 for each violation.
B. 
Each calendar day an owner, operator, business agent or employer operates in violation of any provision of this regulation shall be deemed a separate violation.
C. 
Nothing in this regulation shall be interpreted as undermining or eliminating the enforcement provisions of MGL c. 270, § 22(m)(2). With respect to enforcement of this regulation against membership associations otherwise exempt under MGL c. 270, § 22, the provisions of Subsection A above shall apply.
D. 
Nothing in this regulation shall be interpreted as prohibiting the Quincy Health Department or any other City of Quincy department from revoking any license or permit issued by and within the jurisdiction of such department for repeated violations of this regulation.
A. 
Authority to enforce this regulation shall be held by the Quincy Health Department, its subsidiary programs or designees, the City of Quincy Inspectional Services Department, the City of Quincy Police Department, and the City of Quincy Fire Department.
B. 
Any violation of this regulation may be enforced in the manner provided in MGL c. 111, §§ 31 and 187, by the Quincy Health Department, its subsidiary programs or designees.
C. 
Any person may register a complaint under this regulation to initiate an investigation and enforcement with the Quincy Health Department.
A. 
Nothing in this regulation shall be deemed to amend or repeal any applicable fire, health or other law, ordinance or regulation so as to permit smoking in areas where it is prohibited by such fire, health or other law, ordinance or regulation.
B. 
Nothing in this regulation shall be deemed to preempt the further limitation of smoking in the City of Quincy by any local regulatory body within the limits of its authority and jurisdiction.
If any provision, clause, sentence, paragraph or word of this regulation or the application thereof to any person, entity or circumstances shall be held invalid, such invalidity shall not affect the other provisions of this regulation which can be given effect without the invalid provisions or application, and to this end the provisions of this regulation are declared severable.
This regulation shall take effect on August 9, 2004.
[Adopted 6-15-2020 by Order No. 2020-086]
The purpose of this regulation is to establish general administrative procedures for all regulations adopted by the Quincy Health Department. This regulation is promulgated pursuant to the authority granted in MGL Ch. 111, § 31.
A. 
The Quincy Health Department hereby adopts the following state regulations as part of the City of Quincy Municipal Code in order to utilize the non-criminal disposition procedure set forth in M.G.L. Ch. 40, § 21D as an alternative to criminal prosecution when enforcing these same regulations:
(1) 
Chapter 2 of the State Sanitary Code, 105 CMR 410.000, Minimum Standards of Fitness For Human Habitations.
(2) 
Chapter 4 of the State Sanitary Code, 105 CMR 430.000, Minimum Sanitation and Safety Standards for Recreational Camps for Children.
(3) 
Chapter 5 of the State Sanitary Code, 105 CMR 435.000, Minimum Standards for Swimming Pools.
(4) 
Chapter 7 of the State Sanitary Code, 105 CMR 445.000, Minimum Standards for Bathing Beaches.
(5) 
Chapter 8 of the State Sanitary Code, 105 CMR 480.000, Storage and Disposal of Infectious or Physically Dangerous Medical or Biological Waste.
(6) 
The 1999 FDA Food Code, as amended by Chapter 10 of the State Sanitary Code, 105 CMR 590.000, Minimum Sanitation Standards for Food Establishments.
Each day on which a violation exists shall be deemed a separate offense. For the purpose of this provision, the penalties for violations of these regulations are established in the attached Table of Fines.
Table of Fines
Regulation or Bylaw
Fine Schedule
Fine Amount
Enforcement Agent
Rules or regulations adopted by the Quincy Health Department in accordance with M.G.L. Ch. 111, ss. 31, and M.G.L. Ch. 40, s. 21D
1st offense
2nd offense
3rd offense
4th offense
5th and each successive offense
$25
$50
$100
$200
$300
Public Health Commissioner or his/her designee