[HISTORY: Adopted by the Board of Health
of the Town of Groton 10-21-1997. Amendments noted where applicable.]
A.
There exists conclusive evidence that tobacco smoke
causes cancer, respiratory and cardiac diseases and precipitates allergic
and hypersensitivity reactions in the lungs, eyes, nose and throat
in nonsmokers exposed to secondhand smoke; and ample concern that
minors have access to tobacco products, despite state laws that prohibit
such access.
B.
The Groton Board of Health recognizes cigarette smoking
and other tobacco use by minors to be a continuing problem with grave
public health consequences. Accordingly, the purpose of this regulation
is to implement a strict and enforceable system to prevent the illegal
sales of cigarettes and other tobacco products to minors and to protect
nonsmokers from the adverse health effects of secondhand smoke.
A.
The Board of Health of the Town of Groton, pursuant
to the authority granted under MGL C. 111, § 31, hereby
adopts the following regulations as reasonable health regulations
designed to protect and improve the health of children in the Town
of Groton and also to protect the public health of the community.
B.
The Board of Health does not advocate smoking or the
use of any tobacco product despite the permitting system created herein.
For the purposes of this chapter, the following
words shall have the meanings respectively ascribed to them by this
section:
An establishment whose business 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.
The Board of Health of the Town of Groton.
Any packaging that includes two or more packages of tobacco
products or any single package of a tobacco product combined with
another product.
An area, designated and posted by the proprietor, manager
or other person(s) of authority, in which smoking is permitted. Said
area shall not be an area where nonsmokers must have access and must
be properly ventilated as defined herein.
A facility that holds a food service permit from Groton.
All space between the floor and ceiling which is enclosed
on all sides by solid walls or windows (exclusive of door or passageways).
Any individual who performs services for an employer in return
for wages or profit or on a voluntary basis.
Any individual, partnership, association, corporation, trust
or other organized group of individuals, including the Town of Groton
or any agency thereof, which regularly uses the services of one or
more employees.
Any individual who has legal responsibility for a minor under
Massachusetts law.
Any office or institution providing individual care or treatment
of diseases, whether physical, mental or emotional, or other medical,
physiological or psychological conditions, including, but not limited
to, rehabilitation hospitals or other clinics, including weight control
clinics, nursing homes, homes for the aging or chronically ill, laboratories,
offices of any surgeon, chiropractor, physical therapist, physician,
dentist and all specialists within these professions.
Any person less than 18 years of age.
A building owned, leased or rented by the Town.
Any area that is designated and posted by the proprietor
or manager as a place where smoking by patrons, employees or others
is prohibited.
Any person, firm, partnership, association, corporation,
company or organization of any kind, including, but not limited to,
an owner, operator, manager, proprietor or person in charge of any
building, establishment, business or restaurant or retail store, or
the agents or designees of any of the foregoing.
A system, which is separately ventilated directly to the
outside and which shall not allow any air to recirculate through the
building ventilation system. The ventilated area shall be under negative
pressure as to reduce air from escaping into other areas which may
be accessed by nonsmokers.
An enclosed, indoor area when open to and used by the general
public, including, but not limited to, the following facilities: auditoriums,
licensed child-care location, schools, clinics, hospitals, nursing
homes, long-term care facilities, public libraries, museums, theaters,
retail stores, retail food establishments, indoor sports arenas, public
transit facilities, enclosed shopping malls, hotel and motel lobbies,
stairwells, hallways, entrances, public rest rooms, elevators accessible
to the public, common areas in privately owned buildings and any clubs,
rooms or halls when used for public meetings. A room or hall used
for a private social function in which the sponsor of the private
function and not the owner or proprietor has control over the seating
arrangements shall not be construed as a public place.
Any coffee shop, cafeteria, sandwich stand, private and public
school cafeteria and other eating establishment which gives or offers
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.
An eating establishment that has a license to sell alcoholic
beverages and contains a bar/lounge area 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.
Any establishment commonly known as a "supermarket" or "grocery
store" in which the activity is the sale of food items to the public
for off-premise consumption.
Any establishment whose primary purpose is to sell or offer
for sale to consumers any goods, wares, merchandise, articles or other
things, including supermarkets and grocery stores. "Retail store"
shall not include restaurants as defined herein.
The capacity designated on the occupancy permit of a restaurant.
Any device used to dispense any type of tobacco product from
which the consumer may select the merchandise.
Inhaling, exhaling, burning or carrying any lighted tobacco
product.
Any eating establishment that contains a bar and in which
a minimum of 40% of the seating capacity (as defined on the occupancy
permit) is located at the bar or within the bar area.
Includes, but is not limited to, cigarettes, cigars, pipe
tobacco, chewing tobacco, snuff or tobacco in any of its forms.
Any mechanical device designated for or used for the vending
of cigarettes, cigars or other tobacco products upon the insertion
of coins, trade checks, slugs or other form of payment.
The Town of Groton.
Includes, but is not limited to, an enclosed area in which
one or more employees perform services for their employer. It also
includes private offices, individual work stations and all common
areas, including rest rooms, conference rooms, hallways, stairways
and entranceways.
A.
Smoking prohibited in municipal buildings. No person shall smoke or shall be permitted to smoke any tobacco product in a municipal building, as defined in § 322-3.
B.
Smoking prohibited in public buildings. No person shall smoke or be permitted to smoke any tobacco product in a public building, as defined in § 322-3. Restaurants, restaurants with bar/lounge areas, bars/lounges and tavern-style restaurants are separately addressed in Subsections C, D, E and F of this section.
C.
Smoking prohibited in restaurants. No person shall smoke or be permitted to smoke any tobacco product in a restaurant, as defined in § 322-3.
D.
Smoking restricted in restaurants with bar/lounge
areas.
(1)
No person shall smoke or be permitted to smoke any tobacco product in a restaurant with a bar/lounge area, except that smoking is allowed in a bar/lounge area, which is enclosed and has proper ventilation, as defined in § 322-3. In restaurants with bar/lounges where smoking is allowed, a minimum of 60% of the seating capacity, as defined in § 322-3, must be designated as nonsmoking seats.
(2)
Six months from the implementation date of these regulations, all designated smoking areas shall have proper ventilation, as defined in § 322-3, and the establishment owner shall have on record a ventilation plan by a certified heating/ventilation/air-conditioning engineer or other professional that is approved by the Groton Board of Health.
E.
Smoking in bars/lounges. Unrestricted smoking is permitted
in bars/lounges. Proprietors of bars/lounges are strongly encouraged
to establish designated nonsmoking areas that take advantage of existing
physical barriers and utilize available space in a manner that minimizes
the presence of tobacco smoke in nonsmoking areas. (Designated smoking
areas should be located near the exhaust vent of the establishment
and nonsmoking areas should be located near the fresh air intake vent
of the establishment.)
F.
Smoking restricted in tavern-style restaurants.
(1)
Smoking is permitted in tavern-style restaurants, provided that a minimum of 33% of the seating capacity, as defined in § 322-3, is designated nonsmoking. Only those eating establishments in operation on the effective date of this chapter are eligible to be classified as tavern-style restaurants.
(2)
Seating in tavern-style restaurants will be arranged
so that existing physical barriers and available space are utilized
to minimize the presence of tobacco smoke in nonsmoking areas. Designated
smoking areas shall be situated near the exhaust vent of the establishment.
Nonsmoking areas shall be situated near the fresh air intake of the
establishment.
G.
Election for coverage by private facilities. The owner, manager or other person in charge of a building or facility not covered by Subsections A, B, C, D, E and F of this chapter may elect to have the provisions of this § 322-4 apply by so notifying the Board in writing and by sending a copy of said notice to the Town Clerk and the Select Board and by posting signs prohibiting smoking as provided in Subsection H of this section of this chapter.
[Amended 10-1-2018 ATM
by Art. 14]
H.
Posting notice of prohibition.
(1)
No person shall smoke in any place in which a nonsmoking sign is posted. Each person having control of premises upon which smoking is prohibited by and under the authority of this § 322-4 of this chapter shall conspicuously display upon the premises "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).
(2)
Bar/lounges, tavern-style restaurants and restaurants
with bar/lounge areas that permit smoking must conspicuously post
signs approved and supplied by the Board at all entrances advising
patrons of the health hazards of environmental tobacco smoke.
(3)
No person shall remove a sign posted under the authority
of this chapter.
I.
Exceptions. Notwithstanding the provisions of Subsections A, B, C, D, E, F and G of this section, smoking may be permitted in the following places and/or circumstances:
(1)
Private residences, except when used as a licensed
child-care facility or health-care facility.
(2)
Hotel and motel rooms that are rented to guests that
are designated as smoking rooms.
(3)
Hotel and motel conference/meeting rooms and private
and public assembly rooms while these places are being used for private
functions.
(4)
Private or semiprivate rooms of nursing homes and
long-term care facilities, occupied by one or more patients, all of
whom are smokers who have requested in writing to be placed in rooms
where smoking is permitted.
J.
Conflict with other laws or regulations. Notwithstanding the provisions of the foregoing Subsection I of this section, nothing in this chapter shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in other areas where it is prohibited by such fire, health or other regulations.
A.
Sales to minors. In conformance with MGL C. 270,
§ 6, the sale of cigarettes, chewing tobacco, snuff or any
tobacco in any of its forms to any person under the age of 18 shall
be prohibited in the Town of Groton. Similarly, it shall be prohibited
in the Town of Groton that a person shall give a cigarette, chewing
tobacco, snuff or tobacco in any of its forms to any person under
the age of 18 unless he/she is the parent or guardian of the minor.
B.
Posting state law. In conformance with MGL C. 270,
§ 7, a copy of MGL C. 270, § 6, shall be
posted conspicuously by the owner or other person in charge thereof
in the shop or other place used to sell tobacco products at retail.
The notice to be posted shall be that notice provided by the Massachusetts
Department of Public Health. Such notice shall be at least 48 square
inches and shall be posted at the cash register which receives the
greatest volume of single cigarette package sales in such a manner
so that it may be readily seen by a person standing at or approaching
the cash register. Such notice shall directly face the purchaser and
shall not be obstructed from view or placed at a height of less than
four feet or greater than six feet from the floor. All cash registers
that sell tobacco products shall post a notice no smaller than nine
square inches, which is the size of the sign provided by the Massachusetts
Department of Public Health. Such notice must be posted in a manner
so that a person standing at or approaching the cash register may
readily see it. Such notice shall directly face the purchaser and
shall not be obstructed from view or placed at a height of less than
four feet or more than six feet from the floor. No person shall remove
a copy so posted while said premises are used for the sale of tobacco
products.
C.
Sales permit required.[1]
(1)
No person or entity shall sell tobacco products at
retail within the Town of Groton without a tobacco sales permit issued
by the Board of Health.
(2)
The fee for this permit is $20, renewable annually
on or before October 31.
(3)
The tobacco sales permit shall not be issued until
the applicant reads the Board of Health regulations and MGL C. 270,
§§ 6 and 7, regarding the sale of tobacco. The applicant
shall then sign a statement on the application stating that s/he understands
the regulations. It shall be the responsibility of the permittee to
instruct all employees on the sale of tobacco products to minors.
(4)
The tobacco sales permit must be displayed no higher
than six feet and no lower than four feet, in clear and unobstructed
view, behind the cash register receiving the highest volume of tobacco
product sales.
[1]
Editor's Note: A Sample Application for Tobacco Retailer Permit is included at the end of this chapter.
D.
Penalties and suspension of permit for sales to minors
only.
(1)
Penalties and suspension of permit for violations of Subsection A of this section shall be as follows:
(a)
In the case of the first violation, the permittee
shall receive a fine in an amount of $100 and the permit shall be
suspended for one business day.
(b)
In the case of the second violation within a
twelve-month period, the permittee shall be subject to a fine in an
amount of $200 and the permit shall be suspended for three consecutive
business days.
(c)
In the case of three violations within a twelve-month
period, the permittee shall be subject to a fine in the amount of
$300 and the permit shall be suspended for 30 consecutive business
days.
(2)
A permit shall be suspended after notice and opportunity
to be heard as follows: The Board of Health shall provide written
notice to the permittee of the intent to suspend a tobacco sales permit.
The notice shall contain the reasons for the suspension and establish
a date and time for a hearing. The date of the hearing shall be no
earlier than seven days after the date of said notice. The permittee
shall have an opportunity to be heard at such a hearing and shall
be notified of the Board of Health's decision and reasons in writing.
E.
Identification required. No retailer may sell cigarettes
or smokeless tobacco to any person younger than 18 years of age. Each
retailer shall verify by means of photographic identification containing
the bearer's date of birth that no person purchasing the product is
younger than 18 years of age. No such verification is required for
any person over the age of 26.
F.
Self-service displays. Self-service displays of tobacco
products from which the customer may select individual packages or
cartons are to be prohibited. All tobacco products are to be kept
behind the counter and accessible only to store personnel.
G.
Sale of loose cigarettes. No manufacturer, distributor
or retailer may sell or cause to be sold or distribute or cause to
be distributed any cigarette package that contains fewer than 20 cigarettes.
H.
Vending machines. Effective 60 days after the effective
date of this regulation, cigarette vending machines or any other device
for the sale or distribution of tobacco products are prohibited in
the Town of Groton.
I.
Inspection/enforcement. The Board of Health shall
enforce this regulation through periodic inspections conducted by
the Board of Health or its enforcement officer(s) or designee(s).
Inspections may be conducted each quarter or more frequently at the
discretion of the Board of Health and may be conducted in cooperation
with the Groton Police Department.
J.
Penalties.
(1)
(a)
In the case of the first violation, the permittee
shall receive a fine in an amount of $100.
(b)
In the case of the second violation within a
twelve-month period, the permittee shall receive a fine in the amount
of $200.
(c)
In the case of three or more violations within
a twelve-month period, the permittee shall be subject to a fine in
the amount of $300 and shall be punished by a suspension of a permit
for 30 business days for each violation.
(2)
A permit shall be suspended after notice and opportunity
to be heard as follows: The Board of Health shall provide written
notice to the permittee of the intent to suspend a tobacco sales permit.
The notice shall contain the reasons for the suspension and establish
date and time for a hearing. The date of the hearing shall be no earlier
than seven days after the date of said notice. The permittee shall
have an opportunity to be heard at such a hearing by filing a written
petition to the board within seven days of the receipt of the order.
(3)
After the third violation, all tobacco products shall
be removed from the premises upon suspension of the tobacco sales
permit. Failure to remove shall constitute a separate violation of
this section.
If any provision of this chapter is declared
invalid or unenforceable, the other provisions shall not be affected
thereby but shall continue in full force and effect.
This regulation shall take effect 60 days after
publication of a summary of this chapter in a newspaper in the Town
of Groton. A public meeting regarding this chapter was conducted on
July 22, 1997. This chapter was voted by a majority of this Board
on October 21, 1997.
