There exists conclusive evidence that tobacco smoke causes cancer, respiratory diseases, various cardiac diseases, negative birth outcomes, allergies and irritations to the eyes, nose and throat to both the smoker and nonsmoker exposed to secondhand smoke. Therefore, the Town of Plymouth has adopted a bylaw pursuant to eliminating the public exposure to tobacco smoke in restaurants, bars, and lounges/bar areas to protect and improve the health of patrons and employees of the above-mentioned areas in the Town of Plymouth effective September 1, 2001.
[HISTORY: Adopted by the Town Meeting of the Town of Plymouth 4-10-2001 ATM by Art. 32 (Ch. 87, § 87-2, of the 1999 Code). Amendments noted where applicable.]
As used in this bylaw, the following terms shall have the meanings indicated:
An establishment whose business is devoted to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
The Plymouth Board of Health.
A place where food is prepared intended for individual portion service, and includes the site at which individual portions are provided. The term includes such places regardless of whether consumption is on or off the premises and regardless of whether there is a charge for the food. The term includes, but is not limited to, restaurants, take-out food establishments, delicatessens, doughnut shops, and kiosks.
An area primarily dedicated to the serving of alcoholic beverages and in which the service of food is only incidental to the consumption of such beverages.
Any establishment serving food for consumption on the premises, which maintains tables for the use of its customers. This includes cafeterias in the workplace.
The lighting of any cigar, cigarette, pipe or other tobacco product or having possession of any lighted cigar, cigarette, pipe, or other tobacco product.
As of September 1, 2001, no person shall smoke in any bar, food service establishment, lounge/bar area, or restaurant, nor shall any proprietor(s) or other person(s) in charge of a bar, food service establishment, lounge/bar area, or restaurant permit any person to smoke.
[Amended 10-18-2025 ATM by Art. 10]
A.
Any person who smokes in a bar, food service establishment, lounge/bar area, or restaurant, shall be subject to a fine of $100 for each violation.
B.
Any proprietor(s) or other person(s) in charge of a bar, food service establishment, lounge/bar area, or restaurant who fail(s) to comply with this bylaw shall be subject to a fine of $100 for each violation.
C.
As an alternative to initiating criminal proceedings, this bylaw may be enforced by any available means in law or equity, including but not limited to enforcement by noncriminal disposition pursuant to MGL c. 40, § 21D, and §§ 1-4 and 1-5 of the Town Code, by the Board of Health or its agents or the Plymouth Police Department.
E.
One method of enforcement may be periodic, unannounced inspections of those establishments subject to this regulation.
If any provision of this bylaw is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force.