[HISTORY: Adopted by the Board of Health
of the Town of Belchertown effective 8-1-1997. Amendments noted where applicable.]
A.
The Belchertown Board of Health does hereby find that:
(1)
The Environmental Protection Agency (Respiratory Health
Effects of Passive Smoking: Lung Cancer and Other Disorders, 1993)
has designated environmental tobacco smoke as a Class A carcinogen,
for which there are no known safe levels of exposure. Conclusive evidence
exists that tobacco smoke causes lung cancer, heart disease, negative
birth outcomes, respiratory infection, decreased respiratory function,
broncho-constriction and broncho-spasm, allergies and irritations
to the eyes, nose and throat of both the smoker and nonsmoker exposed
to secondhand smoke.
(2)
Smoke from cigarettes contains more than 4,700 chemical
compounds, including carbon monoxide, ammonia, benzine and arsenic.
Forty-three of these compounds are known cancer-causing agents, and
400 are toxins. Secondhand smoke causes the death of 53,000 nonsmoking
Americans each year (California Healthy Cities Project, 1992). Restaurant
and bar employees inhale the benzo(a) pyrene equivalent of actively
smoking 1 1/2 to 2 packs of cigarettes per day. In California,
waitresses have the highest mortality of any female occupational group.
Employees in restaurants and bars have about a fifty-percent to ninety-percent
increased risk of lung cancer that is most likely attributable to
tobacco smoke exposure (Smoking and Restaurants: A Guide for Policymakers,
Michael Siegel, M.D. 1992).
B.
Accordingly, the Board of Health finds and declares
that one purpose of this regulation is to protect the public health
and welfare by prohibiting smoking in public places.
C.
Further, the Board of Health finds smoking and other
tobacco use by minors to be a continuing problem with grave public
health consequences. More than 90% of all smokers begin smoking before
age 18, and more than 3,000 young people begin to smoke every day
in this nation (Preventing Tobacco Use Among Young People: A Report
of the Surgeon General, Atlanta, Georgia, United States Department
of Health and Human Services, 1994). The average age at which Massachusetts
youth are beginning to smoke is age 10. In recognition of the Surgeon
General's conclusion that nicotine is as addictive as cocaine or heroin,
action is needed to curtail the easy access of minors to cigarettes
and other tobacco products. Therefore, a second purpose of this regulation
is to implement a strict and enforceable system to prevent the illegal
sale of cigarettes and other tobacco products to minors.
|
Whereas the Institute of Medicine (IOM) concludes that raising
the minimum legal age of access to tobacco products will reduce tobacco
initiation particularly among adolescents 15 to 17, and will improve
health across the lifespan and save lives. [IOM 2015. Public Health
Implications of Raising the Minimum Age of Legal Access to Tobacco
Products, Washington, DC: The National Academics Press, 2015.]
[Added 6-6-2016] | |
|
Whereas nicotine exposure during adolescence may have lasting
adverse consequences for brain development. [U.S. Department of Health
and Human Services. The Consequences of Smoking: 50 Years of Progress.
A report of the Surgeon General: CDC, Atlanta, Georgia: Office on
Smoking and Health, 2014.]
[Added 6-6-2016] | |
|
Whereas more than 80% of all adult smokers begin smoking before
the age of 18; and more than 90% do so before leaving their teens.
[SAMHSA, Calculated based on data in 2011 National Survey on Drug
Use and Health.]
[Added 6-6-2016] | |
|
Whereas the use of electronic cigarettes (e-cigs) is high among
teens with 8.7% of eighth graders, 16.2% of 10th graders, and 17.1%
of 12th graders using e-cigarettes in the past month. Only 14.2% of
12th graders view regular e-cigarette use as harmful. [SAMHSA, Results
from the 2013 National Survey on Drug Use and Health: Summary of National
Findings, NSDUH Series H-48, Publication No. 14-144863, Rockville,
MD.]
[Added 6-6-2016] |
D.
These regulations are adopted pursuant to MGL c. 111,
§ 31, which states, "Boards of Health may make reasonable
regulations."
[Amended 6-6-2016]
As used in this chapter, the following terms
shall have the meanings indicated:
- BAR
- An establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises.
- BUSINESS
- Any sole proprietorship, partnership, joint venture, corporation or other business entity, including retail establishments where goods or services are sold, as well as professional corporations and other entities where legal, medical, dental, engineering, architectural or other professional services are delivered.
- DESIGNATED SMOKING AREA
- An area designated at a work site by an employer in which smoking is permitted.
- EDUCATIONAL INSTITUTION
- Any public or private college, school, professional school,
scientific or technical institute, university, or other institution
furnishing a program of higher education.[Added 6-6-2016]
- ELECTRONIC SMOKING DEVICE
- Any product that can deliver nicotine to the user through
inhalation of vapor. "Electronic smoking device" includes any component
part of such product, including liquid for use in the device regardless
of whether the liquid contains nicotine, whether or not sold separately,
and does not include any product that has been approved by the United
States Food and Drug Administration for sale as a tobacco cessation
product and is being marketed and sold solely for the approved purpose.[Added 6-6-2016]
- EMPLOYEE
- An individual who performs services for an employer in return for wages or profit.
- EMPLOYER
- An individual, partnership, association, corporation, trust or other organized group of individuals, including the Town of Belchertown or any agency thereof, which regularly uses the services of one or more employees.
- ENCLOSED
- A space bounded by walls with a door and under a roof.
- ENVIRONMENTAL TOBACCO SMOKE (ETS, also called "secondhand smoke")
- A mixture of the smoke given off by the burning end of a cigarette, pipe or cigar and the smoke from the lungs of smokers.
- FOOD SERVICE ESTABLISHMENT
- A place in which food is prepared for service with or without charge, including but not limited to any restaurant, coffee shop, cafeteria, workplace cafeteria, luncheonette, short-order cafe, pizza shop, donut shop, grill, tea room, sandwich shop, bar, tavern or lounge.
- 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, MGL c.
112, or a retail establishment that provides pharmaceutical goods
and services and is subject to 247 CMR 6.00. Health-care institutions
include but are not limited to hospitals, clinics, health centers,
pharmacies, drug stores, doctor offices and dentist offices.[Added 6-6-2016]
- INDOOR SPORTS ARENA
- A sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley or similar place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports events.
- LOUNGE/BAR SERVICE
- An area in a food service establishment where alcoholic beverages are served or prepared.
- MINIMUM LEGAL SALE AGE (MSLA)
- The age an individual must be before that individual can
be sold tobacco products or electronic smoking devices and components
in the municipality. In the Town of Belchertown, the minimum age shall
be 21 years old.[Added 6-6-2016]
- MINOR
- A person under 18 years of age.
- MUNICIPAL BUILDING
- The town offices, library, police/fire station, schools and other buildings owned or leased by the town.
- NONSMOKING AREA
- An area that is designated and posted by the proprietor, owner or person in charge as a place where smoking by patrons, employees or others is prohibited.
- PLACE OF EMPLOYMENT
- Any enclosed area under the control of a public or private employer which employees frequent during the course of employment, including but not limited to work areas, employee lounges and rest rooms, conference rooms and classrooms, employee cafeterias and hallways. A private residence is not a place of employment unless it is used as a child-care or health-care facility.
- PUBLIC AREA
- An enclosed, indoor area when open to and used by the general public, including but not limited to the following:
- A. Licensed child-care locations and educational facilities.
- B. Elevators accessible to the public.
- C. Clinics, nursing homes and retirement homes.
- D. Game arcades.
- E. Inns, hotel and motel lobbies, stairwells, halls, entranceways and public rest rooms.
- F. Libraries, municipal buildings, schools and school buses.
- G. Enclosed automatic teller machine areas.
- H. Haircutting establishments.
- I. Laundromats.
- J. Meeting rooms and/or public assembly rooms while these places are being used for bingo.
- K. Museums.
- L. Retail food establishments.
- M. Indoor sports arenas, theaters and auditoriums.
- N. Public transit facilities.
- O. Any clubs, rooms or halls when used for public meetings.
- RESTAURANT
- A coffee shop, cafeteria, sandwich shop, private and public school cafeteria and other eating establishments which give or offer food for sale to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities, except that the term "restaurant" shall not include a cocktail lounge or tavern if said cocktail lounge or tavern qualifies as a bar under the definition of "bar" above.
- RETAIL FOOD ESTABLISHMENT
- An establishment commonly known as a "supermarket," "grocery store" or "convenience store" in which the primary activity is the sale of food items to the public for off-premises consumption.
- RETAIL STORE
- An establishment selling goods, articles or personal services to the public.
- SEATING CAPACITY
- The capacity designated on the occupancy permit.
- SELF-SERVICE
- A self-service display of tobacco products from which individual packages or cartons may be selected by the customer. It must be within 10 feet and in full view of any employee standing in the regular location of the person designated to supervise purchase of tobacco products from the display.
- SMOKE-FREE ZONE
- An outdoor area where smoking a tobacco product is not permitted.
- SMOKING
- The use of any cigar, cigarette, pipe, electronic smoking
device, or other tobacco products.[1][Amended 6-6-2016]
- TOBACCO PRODUCTS
- Any product containing, made or derived from tobacco or nicotine
that is intended for human consumption, whether smoked, chewed, absorbed,
dissolved, inhaled, snorted, sniffed, or ingested by other means,
including, but not limited to: cigarettes, cigars, little cigars,
chewing tobacco, pipe tobacco, snuff, or electronic cigarettes, electronic
cigars, electronic pipes, electronic hookas, and other similar products,
regardless of nicotine content, that rely on vaporization or aerosolization.
"Tobacco product" does not include any product that has been approved
by the United States Food and Drug Administration for sale as a tobacco
cessation product and is being marketed and sold solely for the approved
purpose.[Added 6-6-2016]
- TOBACCO VENDING MACHINE
- A device which dispenses tobacco products by self-service or by remote control.
- VENTILATION
- A mechanical system to remove tobacco smoke. Ventilated areas should be enclosed, ventilated directly to the outside and kept under negative pressure. The system must prevent smoke from entering other areas of the establishment; the system must move 60 cubic feet of air per minute per smoker; and the system must be separate from the system that circulates air to the rest of the establishment so that smoky air does not recirculate into smoke-free areas. The smoking area must be under slight negative pressure with respect to the surrounding areas. Other accepted technology developed in the future would also be considered. Systems must be designed and certified effective, in writing, by a registered engineer with a specialty in heating, ventilating and air conditioning (HVAC). This definition serves to define "ventilation" for the purposes of an employee-designated smoking room as described in § 261-4C.
- WORKPLACE
- An area within a structure or portion thereof in which one or more employees perform services for their employer; also includes employee lounges, rest rooms, conference rooms, hallways, stairways and entranceways.
[1]
Editor's Note: The former definition of "tobacco," which
immediately followed this definition, was repealed 6-6-2016.
A.
Smoking, as defined by these regulations, including
the use of electronic smoking devices, shall be prohibited in all
enclosed public places within the Town of Belchertown, and include
certain outdoor locations listed in these regulations, including but
not limited to the following:
[Amended 6-6-2016]
(1)
Restaurants, including open, outdoor seating areas with food or beverage
service, effective July 1, 2016.
(2)
Bars, including open, outdoor seating areas with food or beverage
service, effective July 1, 2016.
(3)
Private clubs.
(4)
Retail stores and malls.
(5)
Waiting rooms, hallways, wards and private rooms of health-care facilities,
including but not limited to hospitals, nursing homes, clinics, physical
therapy facilities, doctors' offices and dentists' offices.
[Amended 6-6-2016]
(6)
Child-care facilities, including family day care in
private homes.
(7)
Municipal buildings.
(8)
Schools (MGL c. 71, § 2A).
(9)
Elevators.
(10)
Buses, taxicabs and other means of public transit
and ticket, boarding and waiting areas of public transit depots (including
airports).
(11)
Rest rooms.
(12)
All areas available to and customarily used by the
general public in all businesses and nonprofit entities patronized
by the public, including but not limited to the public areas of attorneys'
offices and other offices, banks, laundromats, haircutting establishments,
hotels and motels and bingo facilities.
(13)
Aquariums, galleries, libraries and museums.
[Amended 6-6-2016]
(14)
Any facility which is primarily used for exhibiting
any motion picture, stage production, play, lecture, musical recital
or other similar performance, except where smoking is part of the
stage production.
(15)
Sports arenas, auditoriums and convention halls.
(16)
Every room, chamber, place of meeting or public assembly
under the control of any board, council, commission, committee, including
joint committees, or agency of the town or any political subdivision
of the commonwealth during such time as a public meeting is in progress,
to the extent such place is subject to the jurisdiction of the town.
(17)
Lobbies, hallways and other common areas in apartment
buildings, condominiums, retirement facilities, nursing homes, other
multiple-unit residential facilities and other common areas in multiple-unit
commercial facilities.
(18)
Polling places.
(19)
Town-owned outdoor recreational and gathering places, including
the Town Common, Town Beach, and Town playing field and playgrounds,
effective July 1, 2016.
[Added 6-6-2016]
A.
It shall be the responsibility of employers to provide a smoke-free workplace for all employees, except in those places designated as smoking areas per Subsection C. Employers are not required to incur any expense to make structural or physical modifications, with exceptions as noted in Subsection C.
B.
Each employer having an enclosed place of employment
located within the town shall adopt, implement, make known and maintain
a written policy containing the following requirements: Smoking shall
be prohibited in enclosed facilities within a place of employment,
including but not limited to common work areas, auditoriums, classrooms,
conference and meeting rooms, private offices, elevators, hallways,
medical facilities, cafeterias, employee lounges, stairs, rest rooms,
vehicles and all other enclosed facilities.
C.
Each employer may specifically designate enclosed
areas in which employees may smoke; provided, however, that nonsmokers
are not required to use or pass through said enclosed areas. Hallways,
elevators, entranceways, stairwells, rest rooms and waiting areas
in all the above facilities may not be designated as smoking areas.
Designated smoking areas must be separately ventilated directly to
the outdoors. Nonsmoking areas of comparable size and capacity must
be available and provided for those who do not wish to be exposed
to tobacco smoke. Smoking areas must be conspicuously marked.
D.
All employers shall supply a written copy of the smoking
policy upon request to any existing or prospective employee, as well
as a conspicuous sign clearly stating the smoking policy.
A.
Notwithstanding any other provision of these regulations
to the contrary, the following areas shall not be subject to smoking,
as defined by these regulations, restrictions:
[Amended 6-6-2016]
B.
Notwithstanding any other provision of these regulations,
any owner, operator, manager or other person who controls any establishment
as described in this section may declare that entire establishment
as a nonsmoking establishment.
C.
Bars.
[Added 12-7-1998 STM by Art. 25]
(1)
Notwithstanding any regulation of the Board of Health
of Belchertown or of any governmental agency of authority of the Town
of Belchertown to the contrary, any bar located in the Town of Belchertown
shall not be subject to any restrictions with respect to smoking imposed
by said Board of Health or any said governmental agency or authority;
subject, however, to the obligations of any such bar to comply with
any applicable smoking restrictions imposed by MGL c. 270, § 22,
or any other applicable provisions of the Massachusetts statutes.
(2)
The following words, whenever used herein, shall be
construed as defined in this subsection:
- BAR
- An establishment which is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
- SMOKING
- Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.
(3)
Notwithstanding any other provision hereof, any owner,
operator, manager or other person who controls any bar in the Town
of Belchertown may declare the whole or any part of said bar to be
a nonsmoking establishment.
The proprietor(s) or other person(s) in charge
of a place covered by these regulations shall prevent smoking in nonsmoking
areas by:
A.
Conspicuously posting a notice or sign at each entrance
to the public place indicating that smoking is prohibited therein
except in specifically designated smoking areas. In addition, "Smoking"
and "No Smoking" signs or the international "No Smoking" symbol shall
be conspicuously posted in every area where smoking is permitted or
prohibited by these regulations.
B.
Nonsmoking areas are to be situated near the fresh
air intake of the ventilation system of the facility. The heating,
ventilation and air-conditioning system (HVAC) shall be installed
so that no return air from smoking areas may enter the nonsmoking
area.
C.
Using any other means which may be appropriate and
reasonable to enforce these regulations.
A.
No person or entity may sell tobacco products in anything
other than a face-to-face exchange between the retailer and the consumer.
Examples of methods of sale which are not permitted include, but are
not limited to, self-service displays and vending machines.
B.
No person shall sell cigarettes, chewing tobacco, snuff or tobacco
products, including rolling papers and electronic smoking devices,
in any forms to any person under the age of 21 years old or, not being
his/her parent or guardian, give cigarettes, snuff or tobacco products
in any of their forms to any person under the age of 21 years, effective
January 1, 2017.
[Amended 6-6-2016]
C.
The owner or other person in charge of a store or other place used
to sell tobacco products shall conspicuously post a sign stating,
"The sale of tobacco products, including e-cigarettes, to someone
under the minimum sale age of 21, is prohibited." The sign shall be
no smaller than 8.5 inches by 11 inches and shall be posted conspicuously,
facing the purchaser and not obstructed from view.
[Amended 6-6-2016]
D.
Store owners, managers or other persons in charge
where cigarettes, chewing tobacco and other tobacco products are sold
shall conspicuously post and maintain signs that proof of age is required
to purchase cigarettes or tobacco products. At a minimum, signs shall
be posted at every cash register.
E.
No retailer may sell tobacco products to any person younger than
21 years of age, effective January 1, 2017. Each employee shall verify
by means of photographic identification containing the bearer's
date of birth that no person purchasing the product is younger than
21 years of age. No such verification is required for any person over
the age of 28.
[Amended 6-6-2016]
F.
No person, firm, corporation, establishment or agency
selling cigarettes, chewing tobacco or other tobacco products in any
of their forms in the Town of Belchertown shall allow anyone to sell
tobacco products until the employee has read the town's regulations
and the state laws pertaining to the sale of tobacco products and
has signed an affidavit, supplied by the Board of Health, to be kept
on file at the establishment. The employee's signature will verify
that all the applicable state and local regulations have been read
and understood. This file must be retained for the length of each
individual's employment and must be available for inspection upon
request by the Board of Health or its agent(s).
G.
Sale or distribution of any cigarette package that
contains fewer than 20 cigarettes is prohibited.
H.
Self-service sales of cigarettes from mobile food
units are prohibited.
I.
Tobacco retailer's permit.
(1)
After September 1, 1996, it shall be unlawful for
a retailer to sell cigarettes or other tobacco products unless that
retailer holds and maintains a valid tobacco retailer's permit from
the Board of Health of the Town of Belchertown for each location in
which tobacco products are sold. The term of the permit shall be one
year, except for the initial permit, which will be issued September
1, 1996, renewable each January if the licensee complies with the
provisions of this regulation.
(2)
The fee for a one-year tobacco retailer's permit is
$10. Failure to acquire a permit will result in a fine of $100. Each
day without a permit shall be considered a separate violation for
purposes of any fine.
(3)
A tobacco retailer's permit is nontransferable, except
that a new permit will be issued to a tobacco retailer who changes
location.
J.
No person or entity shall distribute or furnish without
charge, or cause to be furnished or distributed without charge, cigarettes
or other tobacco products in any public place or at any event open
to the public.
K.
No health-care institution or retail establishment that operates
a health-care institution within in it, such as a pharmacy or drugstore,
shall sell or cause to be sold tobacco products as defined by these
regulations, effective January 1, 2017.
[Added 6-6-2016]
L.
No educational institution shall sell or cause to be sold tobacco
products as defined by these regulations, effective January 1, 2017.
[Added 6-6-2016]
After July 1, 1996, cigarette vending machines
or any other device for the sale or distribution of tobacco products
is prohibited.
A.
"No Smoking" signs or the international "No Smoking"
symbol (consisting of a pictorial representation of a burning cigarette
enclosed in a red circle with a red bar across it) shall be clearly,
sufficiently and conspicuously posted in every building or other place
where smoking is regulated by this regulation by the owner, operator,
manager or other person having control of such building or other place.
B.
Every restaurant shall have posted at every entrance
a conspicuous sign clearly stating that smoking is prohibited.
A.
Any person who smokes in a smoke-free area shall be
subject to the following fines and penalties:
B.
Any proprietor(s) or other person(s) in charge of
a public place or workplace who fails to comply with these regulations
shall be subject to:
C.
A tobacco retail permit shall be suspended after notice
and opportunity to be heard as follows:
(1)
In the case of a first violation, the permit holder
shall be notified, in writing, of penalties levied for further violations,
including permit revocation.
(2)
In the case of a second violation within a twelve-month
period, the permit holder shall be fined $200.
(3)
In the case of a third violation within a twelve-month
period, the permit shall be suspended for not less than two days nor
more than five days from the date of revocation. The Belchertown Board
of Health shall provide notice to the permit holder of the intent
to revoke a tobacco retail permit, which notice shall contain the
reasons therefor and establish a time and date for a hearing, which
date shall be no earlier than seven days after the date of said notice.
The permit holder shall have an opportunity to be heard at such hearing
and shall be notified of the Board of Health's decision, and reasons
therefor, in writing. All tobacco products shall be removed from the
premises upon revocation of the tobacco retail permit. Failure to
remove shall constitute a separate violation of this subsection. A
permit holder whose permit has been revoked may not apply for a new
permit prior to the expiration of one calendar year following the
date of revocation.
(4)
In the case of the fourth and subsequent violations
within a twelve-month period, the permit shall be suspended for not
less than 30 days and not more than 90 days from the date of revocation.
The Belchertown Board of Health shall provide notice to the permit
holder of the intent to suspend a tobacco retail permit, which notice
shall contain the reasons therefor and establish a time and date for
a hearing, which date shall be no earlier than seven days after the
date of said notice. The permit holder shall have an opportunity to
be heard at such hearing and shall be notified of the Board of Health's
decision, and reasons therefor, in writing. All tobacco products shall
be removed from the premises upon suspension of the tobacco retail
permit. Failure to remove shall constitute a separate violation of
this subsection. A permit holder whose permit has been revoked may
not apply for a new permit prior to the expiration of one calendar
year following the date of revocation.
F.
Any citizen who desires to register a complaint under
this regulation may do so.
G.
Compliance monitoring of this regulation and its requirements
may be enforced through periodic inspections or other legal means.
Each provision of this regulation is construed
as separate to the extent that if any section, item, sentence, clause
or phrase is determined to be invalid for any reason, the remainder
of this regulation shall continue in full force and effect.
This regulation shall be effective August 1, 1997, with the following additional implementation date: § 261-3A establishments serving alcohol will be 100% smoke free effective February 1, 1998.