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Tobacco Regulations
Tobacco Regulations for the Town of Brookline
SECTION 8.22.1 DEFINITIONSTobacco Regulations for the Town of Milton
Milton Board of Health Regulations - January
30,2001
Section I. PURPOSE
The Board of Health does hereby find that numerous studies have found that
tobacco smoke is a major contributor to indoor air pollution and that breathing
second-hand smoke is a cause of disease, including lung cancer, in non-smokers.
At special risk are elderly people, individuals with cardiovascular disease and
individuals with impaired respiratory function, including asthmatics and those
with obstructive airway disease.
Health hazards induced by breathing second-hand smoke include lung cancer, heart
disease, negative birth outcomes, respiratory infection, decreased respiratory
function, broncho-constriction, broncho-spasm, allergies, and irritations to the
eyes, nose and throat.
Further, the Board of Health finds cigarette smoking and other tobacco use by
minors to be a continuing problem with grave public health consequences. 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.
Accordingly, the Board of Health declares that the purposes of these Regulations
are:
1. To protect the public health and welfare by regulating smoking in certain
public
places.
2. To guarantee the right of non-smokers to breathe smoke-free air.
3. To recognize that the need to breath smoke-free air shall have priority over
the
desire to smoke.
4. To implement a strict and enforceable system to prevent the illegal sale of
cigarettes
and other tobacco products to minors.
Section 2. DEFINITIONS
A. II J1gŁ-11 means 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.
B. "Municipal Building" means any enclosed, indoor area
that is located in a building, or is a building, owned, rented, leased or
occupied by a department or agency of the Town of Milton.
C. "Municipal Vehicle" means
any vehicle owned, rented, leased or operated by the Town of Milton, including
without limitation, cars, trucks and buses.
D. "Non-Smoking Area " means an area designated and
posted by the proprietor or person in charge where smoking and the use of
tobacco products are prohibited.
E. "Pouring License" means a MGL, Chapter 138, section
12 License, approved by the Massachusetts Alcoholic Beverages Control
Commission, that permits the sale of alcoholic beverages for consumption on the
premises.
F ." Private Social Function " means a social gathering
associated with a single purpose that is under the control of the host,
hostess,-.9rganization, or person(s) renting the facility (ie. wedding
reception).
G. "Restaurant" means any coffee shop, cafeteria,
sandwich stand, private and public school cafeteria, and any other eating
establishment which gives or offers food for sale to the
public, members, guests, or employees, as
well as kitchens in which food is prepared on the premises for serving or
consumption elsewhere, including catering and function facilities. The term
restaurant shall not include a cocktail lounge or tavern if said cocktail lounge
or tavern is a "bar" as defined in Section 2 A.
H. "Retail Food Establishment" means any establishment
including without limitation, a supermarket or grocery store in which the
primary activity is the sale of food items to the public for off-premises
consumption.
I. II Retail Tobacco Store" means any retail store utilized
for the sale of tobacco products and accessories and in which the sale of other
products is merely incidental.
J .II Seating Capac~ " means the capacity designated on the
Certificate of Inspection issued by the Building Department.
K. " Self-Service Display" means any display from which
a customer selects tobacco products for purchase.
L. "Smoking" means inhaling, exhaling or burning any
lighted tobacco product in any manner
or in any form, or having the possession of
any lighted cigar, cigarette, pipe or other tobacco product.
M. "Smoking Section " means an area where smoking is
permitted.
N ." Tobacco Products "shall include, but are not
limited to, cigarettes, cigarette tobacco, smokeless tobacco [looseleaf, plug
and twist tobacco, moist and dry snuff], cigars, little cigars and pipe tobacco.
0. "Vending Machine" means any machine or device
designated for or used for the vending of cigarettes, cigars, tobacco, or
tobacco products upon the insertion of money, trade checks, or slugs.
P. "Ventilation System" means a mechanical system to
remove tobacco smoke and exchange inside air by bringing in fresh air.
Particulate air cleaners or filtration systems are not considered ventilation
systems.
Section 3. RESTRICTING SMOKING IN MUNICIPAL BUILDINGS
A. Smoking shall be prohibited in all municipal buildings and at the main
entryway(s) of all municipal buildings.
B. Smoking shall be prohibited in all municipal vehicles.
C. The owner, manager or person in charge of the municipal facility , building
or vehicle shall post signs in a conspicuous location at all entrances to the
facility or building indicating that the facility or building and related
vehicles are smoke-free or that smoking is prohibited.
Section 4. RESTRICTING SMOKING IN RESTAURANTS & BARS
Effective July 1, 1999
A. All restaurants shall be smoke-free except as provided for in Section 4B.
B. Restaurants with valid Pouring Licenses may have a smoking section provided:
I.
The smoking section is separated from the other areas of the restaurant by a
physical
barrier that fully encloses it and
2.
The smoking section is served by a ventilation system separate from the
ventilation system that serves the
other areas of the restaurant and is kept
under
negative air pressure, so as not to interfere with the smoke-free air in the
other areas of the restaurant and
3.
Entry to minors under the age of eighteen (18) years is strictly prohibited and
4.
Signs stating "Smoking Section; Entry by minors under the age of eighteen
(18) years is strictly prohibited"
are posted conspicuously in the smoking section and at all entrances to the
smoking section and
5.
Whenever possible, employees who wish to only work in the non-smoking section of
a restaurant shall be accommodated and
6.
Only one smoking section is allowed and the percentage of seating in the smoking
section shall not exceed 25% of the total seating capacity of the
restaurant.
C. Bars as defined in Section 2A of these regulations are
exempt from these regulations provided that minors under the age of eighteen (
18) years are prohibited from entry and signs stating this are posted
conspicuously in the bar and at all entrances.
D. Private Social Functions are not subject to these Regulations.
Section 5. TOBACCO SALES TO MINORS PROHIBITED
A. No person shall sell cigarettes or any other tobacco product to any
person younger than
eighteen (18) years of age. Each person
shall verify by means of photographic identification containing the bearer's
date of birth that no person purchasing the product is younger than eighteen
(18) years of age. No such verification is required for any person over the age
of twenty six (26).
B. No person or entity selling tobacco products shall allow anyone to sell
cigarettes or other tobacco products until such employee reads the Town of
Milton Regulations and State Laws regarding Sales of Tobacco and signs a
statement that he/she has read the Laws and Regulations. A copy of the signed
statement must be provided to the Board of Health, upon request.
In addition, copies of the Town of Milton
Regulations and Massachusetts Laws regarding Sales of Tobacco Products to Minors
must be posted in a conspicuous location in the establishment.
C. After January I, 1995 sale of cigarettes or other tobacco products by vending
machines or any other device is prohibited except in facilities where the
retailer ensures that no person younger than 18 years of age is present, or
permitted to enter, at any time, and the location of the machine is approved by
the Board of Health.
D. No person or entity may self or cause to be sold, or distribute or cause to
be distributed, any cigarette package that contains fewer than twenty (20)
cigarettes. Sale or distribution of
tobacco products in any form other than an
original factory wrapped package is prohibited.
E. No person or entity shall knowingly distribute or furnish, or cause to be
distributed or furnished, without charge or at less than full retail price:
cigarettes, other tobacco products, coupons for cigarettes or coupons for other
tobacco products, in any public place or at any 'event open to the public,
except in retail tobacco stores.
F. Self -service displays of cigarettes or tobacco products, from which
individual packages or cartons may be selected by the customer, are prohibited.
G. As of January 1,1998, any business entity that sells cigarettes or other
tobacco products
shall hold and maintain a valid Permit for
Tobacco Sales issued by the Milton Board of Health. The business entity shall
hereafter be referred to as the Holder of said Permit. Permits expire annually
on December 31 each year, unless revoked for cause. Permits are not transferable
to another person, entity or location. Applications for permits will be made
available by the Board of Health and are required to be submitted with the
appropriate fee for new and renewal permits.
Section 6. POSTING OF SIGNS
"No Smoking" signs, "Smoke-free" 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), as applicable, shall be clearly, sufficiently and conspicuously
posted in every building or other place where smoking is covered by these
Regulations. Posting of any signs required in these regulations shall be the
responsibility of the owner, operator, manager or other person having control of
such building or other place.
Section 7. VIOLATIONS AND PENALTIES
A. It shall be unlawful for any person who owns, manages,
operates or otherwise controls the use of any premises subject to these
Regulations to fail to comply with any of its provisions.
B. It shall be unlawful for any person to smoke in any
area where smoking is prohibited by these Regulations.
C. Any person who violates any provision of these
Regulations shall be punished by a fine of not less than one hundred dollars
($100.00) for the first offense, not less than two hundred dollars ($200.00) for
the second offense and not less than three hundred dollars ($300.00) for any
third or subsequent offense, for each separate violation. Each day such
violation exists shall be considered a separate violation.
D. Any holder of a Permit for Tobacco Sales in violation
of Chapter 5, section 5 is subject to permit suspension or revocation. The Board
of Health shall provide written notice to the Permit Holder of the intent to
suspend or revoke a tobacco sales permit. The notice shall contain the reasons
therefore and establish a date and time for a hearing. The date shall be no
earlier than seven (7) days after the date of said notice. The permit holder
shall have the opportunity to be heard at said hearing and shall be notified of
the Board of Health's determination of violations, if any, and its decisions and
reasons therefore, in writing.
During a suspension,
all tobacco products must be removed from the sales area and no sales shall be
permitted for the suspension period. A revocation entails removal of all tobacco
products from the premises and no further sales of tobacco products. Failure to
remove tobacco products shall constitute a separate violation on each day such
violation exists.
5. In the case of
one (I) violation of Chapter 5, section 5A or 3 violations of Chapter 5,
sections 5B through 50, in two calendar years, a Permit for Tobacco Sales may be
suspended for up to five (5) days.
6. In the case of
two (2) violations of Chapter 5, section 5A or 5 violations of Chapter 5, sections
5B through 5G, in two calendar years, a Permit for Tobacco Sales may be
suspended for up to ten (10) days.
7. In the case of three (3) violations of
Chapter 5, section 5A or 20 violations of Chapter 5, sections 5B through 5G, in
three consecutive calendar years, a Permit for Tobacco Sales may be revoked.
4. After revocation of a Permit for Tobacco
Sales, no holder may reapply for a Permit for Tobacco Sales for a period of at
least six (6) months from the date of the revocation. Said Permit may only be
reinstated upon satisfactory demonstration to the Board of Health that the
violations which necessitated the revocation have been corrected and measures
taken to ensure no reoccurrence of said violations.
5. Previous suspension or revocation periods
can not be considered as time served in calculating a Permit for Tobacco Sales
suspension or revocation period.
Section 8. NON-RETALIATION
No person or employer shall discharge, refuse to hire or in any manner
retaliate against any employee or applicant for employment because such employee
or applicant exercises any right to a smoke- free environment afforded by these
Regulations.
Section 9. PUBLIC EDUCATION
The Board of Health shall engage in a continuing program to explain and
clarify the purposes and requirements of these Regulations to citizens affected
by it, and to guide owners, managers and operators in their compliance with it.
Such programs may include publication of brochures or guidelines and on-site
consultations.
Section 10. OTHER APPLICABLE LA WS
These Regulations shall not be interpreted or construed to permit smoking
where it is otherwise restricted by other applicable health, safety or
fire codes, regulations or statutes.
Section 11. EFFECTIVE DATE
Unless otherwise noted, the effective date of these Regulations shall be
January 1, 1995.
Tobacco Regulations for the City of Newton
Sec. 20-16. Smoking prohibited in public
places.
(a) Statement of purpose: The board of aldermen
recognizes the right and need of those who wish to breathe smoke-free air and
finds and declares that the smoke of tobacco, tobacco related products and
tobacco substitutes and fillers is a hazard to the health of the general public.
Accordingly, smoking is hereby declared to be a public nuisance and dangerous or
hazardous to the public health, and, therefore, the board has determined that
the health, safety, and welfare of the residents of the city would be furthered
by the regulation of smoking in enclosed places and in places of employment.
(b) Definitions: For the purposes of this section, the
following words shall have the meanings respectively ascribed to them by this
paragraph:
City: City of Newton
Commissioner: The commissioner of health of the City of
Newton.
Health care facility: 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.
Person: 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.
Public place: Any building or facility owned or
operated by the city including school buildings or grounds; areas open to the
public in museums, libraries, theatres, auditoriums, indoor sports arenas and/or
recreation facilities, inns, hotel and motel lobbies, educational facilities,
shopping malls and any indoor facility open to the general public.
Public transportation vehicle: Buses, taxis, and other
means of transportation available to the general public while such means of
transportation is operating within the boundaries of the city including indoor
platforms by which such means of transportation may be accessed.
Restaurant: Any establishment whose business consists
of selling food and drink products for consumption by the general public on the
premises, including bars, taverns and fast food establishments.
Retail store: Any establishment whose primary purpose
is to sell or offer for sale to consumers, but not for resale, any goods, wares,
merchandise, articles or other things, including supermarkets and grocery
stores. "Retail store" shall not include retail stores selling
primarily tobacco products, and shall not include restaurants as defined herein.
Seating area: The area of a restaurant in which seats
may be located as determined under the applicable fire and zoning codes; revised
ordinances of the City of Newton; and/or the common victualler's license. For
purposes of calculating the total seating area of a tavern-style restaurant,
seats located in a dining room or dining area shall be included in the
calculation of the total square foot seating area for purposes of determining
eligibility for a waiver under the provisions of subsections (i)(2), (3) and
(4).
Smoking: Smoking, possessing or carrying a
f lighted or smoldering cigarette, cigar, or pipe of any
kind or any other smoking article.
Tavern-style restaurant: A restaurant that contains a bar and in which
twenty-five percent (25%) of the seats permitted under the common victualler's
license are located at the bar or within or in the bar area.
(c) Smoking prohibited: No person shall smoke nor shall any person be
permitted to smoke in any of the following places as defined herein: any
restaurant, retail store, supermarket, grocery store, public place or public
transportation vehicle, except as otherwise provided in subsection (g) of this
section.
(d) Election or coverage by private facilities: The owner, manager, or
other person in charge of a building or facility not covered by subsection ( c)
of this section may elect to have the provisions of this section apply by so
notifying the commissioner in writing, and by sending a copy of said notice to
the city clerk and the board of licensing commissioners, and by posting signs
prohibiting smoking as provided in subsection (e) of this section.
(e) Posting notice of prohibition: Every person having control of
premises upon which smoking is prohibited by and under the authority of this
section shall conspicuously display upon the premises a sign which shall state
"Smoking Prohibited By Law", consisting of letters of not less than
three (3) inches high on a contrasting background. Notice of this section shall
also be conspicuously displayed.
(f) No person shall smoke in any place in which a sign conforming to the
requirements of subsection (e) of this section is posted. No person shall remove
a sign posted under the authority of subsection (e) of this section.
(g) Exceptions: Notwithstanding the provisions of subsections ( c) and (
d) of this section, smoking shall be permitted in a designated smoking area as
provided in subsection 0) of this section, and in each of the following places
and or circumstances:
( I) in all private residences;
(2) hotel and motel rooms that are rented to guests;
(3) hotel and motel conference/meeting rooms and public and private assembly
rooms while these places are being used for private functions;
(4) private or semiprivate rooms of nursing homes and long-term care facilities
when occupied by one (1) or more patients, all of whom are smokers who have
requested in writing to be placed in rooms where smoking is permitted.
(h) Phase-in of smoking prohibition: The provisions of subsection (c) of
this section shall not apply to the following establishments until July 1, 1994:
restaurants as defined herein which were in operation at their present location
as of six (6) months prior to the effective date of this section and which have
a nonsmoking seating area consisting of not less than seventy-five percent (75%)
of all seats permitted under the common victuallers license applicable to said
restaurant, including in such calculation outdoor seating, if any. Each such
nonsmoking area must be clearly marked as provided in subsection (j) of this
section. The commissioner may grant extensions of this provision effective until
January 1, 1995, for good cause shown, including, but not limited to, additional
time needed to make physical alterations in order to comply with the terms of
the waiver available pursuant to subsection (i)(2) of this section.
(i) Waiver of Nonsmoking Provisions:
(1) The owner or operator of a restaurant as defined herein may file a
written request with the commissioner for a waiver of the provisions of
subsection ( c ) stating the reasons for the request. Following no less than two
(2) weeks' notice to the owner or operator, the commissioner shall conduct a
hearing on the request for a waiver at which said owner or operator shall have
an opportunity to be heard.
(2) The commissioner shall grant a request for a waiver of the provisions of
subsection (c) upon a determination that owner or operator has established a
smoking area that the smoking area does not exceed twenty-five percent (25%) of
the seating capacity of the restaurant, including in such calculation outdoor
seating, if any, and is (A) separated from the nonsmoking area by location in a
separate room or by means of physical barriers, and is (B) served by a
ventilation system that is separate from the ventilation system that serves the
nonsmoking portion of the restaurant so as not to interfere with the smoke-free
air of the nonsmoking area.
(3) Automatic Waiver for Tavern-Style Restaurants: Notwithstanding the
provisions of subsection (i)(2) of this provision, the commissioner shall waive
the requirements of subsection (c) of this section upon receipt and verification
of an application by the owner or operator of a tavern-style restaurant stating
that (A) the seating area of the restaurant contains less than two thousand
(2,000) square feet of seating area, including in such calculation outdoor
seating, if any, and (B) the restaurant has a license to sell all alcoholic
beverages in accordance with chapter 140, section 12 of the General Laws. A
waiver granted pursuant to this provision shall permit the designation of a
smoking area of up to a maximum of fifty percent (50%) of the seating capacity
of the restaurant, including in such calculation outdoor seating, 1f any,
provided that health department warning signs in regard to the effects of
secondhand smoke shall be posted by the owner or operator on all entrances to
the restaurant at all times when smoking is permitted. A waiver granted pursuant
to this provision shall be valid through January 1, 1996, subject to revocation
for violation of this subsection or any of the provisions of this section, in
accordance with paragraphs (7) through (9) of this subsection.
(4) Three-Year Waiver for Tavern-Style Restaurants As of January 1,
1996: After January 1, 1996, in addition to a waiver pursuant to subsection (i)(2)
of this section, the commissioner may grant a waiver of the provisions of
subsection (c) of this section to a tavern~style restaurant that contains less
than two thousand (2,000) square feet of seating area and has a license to sell
all alcoholic beverages in accordance ,with chapter 140, section 12 of the
General Laws, based upon the impact of the smoking prohibition upon the
restaurant as determined by the application of the following criteria:
(A) the potential
financial hardship to the restaurant if the waiver is denied; and
(B) whether the physical
layout of the restaurant is amenable to compliance with the requirements of the
waiver available pursuant to subsection (i)(2) of this section; and
(C) the number of smokers
who typically frequent the restaurant; and
(D) the number of
smoke-free and non-smoke-free tavern-style restaurants which are in existence in
the city and available to smoking and nonsmoking patrons.
A waiver granted pursuant
to this subsection may allow for the designation of a smoking area of up to
fifty percent (50%) of the seating capacity of the restaurant, including in such
calculation outdoor seating, provided that health department warning signs in
regard to the effect of secondhand smoke shall be posted by the owner or
operator on all entrances to the restaurant, and entrances to an outdoor seating
area where smoking is permitted, if any, at all times when smoking is permitted.
(5) Partial Waiver: In cases where the commissioner determines, based
upon the application of the criteria in subsection (i)(4) of this section, that
the reason for granting the waiver would be addressed by waiving some but not
all of the smoking prohibitions of this section, the commissioner may grant a
partial waiver. Said partial waiver may include the designation of a smoking
area of any percentage of from zero (0%) to fifty percent (50%) and may require
the use of separate rooms or barriers, separate ventilation systems and such
other measures as may be required to prevent the infiltration of smoke into the
smoking area.
(6) Appeal of granting or denial of a waiver:
(A) Review procedure: A decision of the commissioner to grant or deny
a waiver pursuant to this provision shall be subject to appeal to the board of
aldermen, provided that said appeal must be filed in writing with the clerk of
the board of aldermen within one (1) week after the commissioner issues the
decision. The board of aldermen shall have sixty {60) days from the date of the
filing of the appeal in which to modify or reverse the commissioner's decision,
provided, however, that if the board fails to act within such sixty (60) day
time period, then the commissioner's decision shall be final.
(B) Review criteria: In reviewing the commissioner's decision, the board
of aldermen shall apply the criteria contained in subsection (i)(4) of this
section. A decision by the board of aldermen to modify or reverse the
commissioner's decision shall be in writing stating the reasons therefor and a
copy of such decision shall be sent to the commissioner, the applicant, and the
city clerk.
(7) A violation of the provisions of the waiver shall be cause for revocation of
the waiver. In the event of such a
violation, the commissioner shall provide written notice of each such violation
and an opportunity to cure the same. If the owner or operator fails to cure said
violation within the time as stated in the notice, or fails to request a hearing
within ten (10) days of receipt of same, the commissioner shall revoke the
waiver. If the owner or operator requests a hearing, the waiver shall not be
revoked until after said hearing, which shall be held no earlier than seven (7)
days after the date of said notice.
(8) The commissioner shall notify the applicant in writing in each case of a
decision on an application for a waiver, an application to renew a waiver, or a
hearing to revoke a waiver and shall provide a copy of any such decision
granting or revoking a waiver to the clerk of the board of aldermen, the chief
of police, and the board of licensing commissioners.
(9) A permit for a waiver from the provisions of subsection (c) granted in
accordance with subsection (i)(2) of this section shall be valid as of the date
of the commissioner's issuance of the waiver and shall expire automatically
three (3) years from the date of issuance. The owner or operator may apply to
renew the waiver for an additional three (3) year term by filing a written
request with the commissioner, stating the reasons therefor, no later than
thirty (30) days prior to the expiration of the permit, provided, however, that
an owner or operator of a restaurant whose waiver has been revoked shall not be
eligible to apply for a waiver for a period of three (3) years calculated from
the date of the revocation.
(10) The owner or operator may appeal a denial of a waiver of the
provisions of subsection ( c ), or a denial of a request to renew such a wavier,
or a revocation of a waiver made in accordance with this section to any court of
competent jurisdiction.
(j) Designated smoking areas: The owner, proprietor, manager or
person in charge of any public place as defined herein in which smoking is
prohibited pursuant to the provisions of subsection (c) of this section, may
designate separate rooms or areas in which smoking is permitted, provided that:
(1) no area shall be
designated as a smoking area in which smoking is prohibited by the fire marshal
or other law or regulation;
(2) designated smoking
rooms and areas shall not include areas used by members of the public in their
use of the facility;
(3) public restrooms,
lobbies, staircases, entrances and exits shall not be designated as smoking
areas;
(4) in all such designated
smoking areas, existing physical barriers and ventilation systems shall be used
to prevent the toxic effect of smoke in adjacent nonsmoking areas . ,
(5) each such smoking area shall be marked by a sign or signs
conspicuously displayed which shall state "Designated Smoking Area",
consisting of letters not less than three (3) inches high on a contrasting
background.
(k) Conflict with other laws or regulations: Notwithstanding the
provisions of the foregoing subsections (g) and G) of this section, nothing in
this section 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.
(I) Violations:
(I) Any person who violates this
section shall be subject to a fine in an amount not exceeding fifty dollars
($50.00) for a first offense, one hundred dollars ($100.00) for a second
offense, and two hundred dollars ($200.00) for a third or subsequent offense.
(2) Notice of violations with
respect to applications for renewal of common victualler licenses: Notice of
each violation of any of the provision of this section shall be sent to the city
clerk, the commissioner and the board of licensing commissioners. A record of
violations of any of the provisions of this section shall be kept by each of the
aforementioned officials for a period of no less than three (3) years,
calculated from the date of the first offense. A record of three (3) or more
such violations by the same owner or operator within said three (3) year period
shall be grounds for non-renewal of a common victualler's license by the board
of license commissioners in accordance with General Laws chapter 140, section 2,
provided that said board shall retain full discretion in each such case as to
the decision to renew said license.
(3) Other laws: The fines and remedies as specified in this section
shall be in addition to such other fines and remedies as may exist pursuant to
other laws and regulations.
(m) Severability: The provisions of this section are severable. If
any provision of this section or its application to any person or circumstance
is held invalid, such invalidity shall not affect other provisions or
applications of this section which can be given effect without the invalid
provision or application. (Rev. Ords. 1973, § 14-16; Ord. No. 633, 3-4-74;
Ord.No. R-143, 4-21-81; Ord. No. T- 301,10-4-93)
Cross reference--Health, Ch. 12.
Sec. 20-18. Distribution of smoking products.
No person in the business of selling or otherwise distributing cigarettes
or other tobacco or smoking products for commercial purposes, or any agent or
employee of any such person, shall in the course of such business distribute any
cigarettes or other tobacco or smoking products free to any person on any public
street or sidewalk, or in any public park or playground, or any other public
ground, or in any public building.
Any person who violates the provisions of this section shall
be punished by a fine of not less than twenty ($20.00) nor more than fifty
($50.00) dollars for each violation. Every hour or part thereof in which a
person engages in the conduct prohibited by this section shall constitute a
single and separate violation. (Ord. No. R-224, 3-1-82)
Sec. 20-18A. Sale of tobacco products.
(a) Declaration of findings and policy: Whereas
there exists conclusive evidence that tobacco smoke causes cancer, respiratory
and cardiac diseases, negative birth outcomes, irritations to the eyes, nose,
and throat; and, whereas at least one-half of all smokers begin smoking before
the age of eighteen (18); and, whereas an estimated three thousand (3,000)
minors begin smoking every day in the United States; and, whereas nicotine in
tobacco has been found by the Surgeon General to be a powerfully addictive drug;
and, whereas despite state laws prohibiting the sale of tobacco products to
minors, access by minors to tobacco products is a major problem; and, whereas a
city ordinance requiring proof of age in order to purchase tobacco products is
necessary in order to restrict the access of minors to tobacco products in the
interest of public health; now, therefore, it is the policy of the City of
Newton to discourage minors from experimenting with tobacco and to make tobacco
products less accessible to minors.
(b) Definitions: For the purposes of this section, the following
words shall have the meanings respectively ascribed to them by this section:
City: City of Newton.
Commissioner: The commissioner of health of the City of Newton.
Free standing display: Any display of tobacco products which is so
located such that said products are accessible to customers without assistance
from an employee or store personnel.
Minor: Any individual who is under the age of eighteen (18).
Person: A person, employer, employee, retail store manager or
owner, or the owner or operator of any establishment engaged in the sale of
tobacco products.
(d) Tobacco sales permit:
(1) No person shall sell or otherwise distribute tobacco within the
city without first obtaining a tobacco sales permit issued by the commissioner,
provided, however, that a tobacco sales permit shall not be required for the
sale of tobacco products by means of a vending machine. The sale or free
distribution of individual or loose cigarettes is prohibited. The sale of
tobacco products by means of a free standing display is prohibited, except as
otherwise provided herein.
(2) An application for a tobacco sales permit shall be filed by each person
required to comply with this section no later that sixty (60) days following the
effective date of this section.
(3) The fee for an initial tobacco sales permit shall be determined by the
commissioner based on the cost of administering the permit process. All such
permits shall be renewed annually no later than June 1. The annual renewal fee
shall be in an amount determined by the commissioner based upon the actual cost
of administering the permit renewal process.
(4) Each tobacco sales permit shall be displayed on the premises in a
conspicuous place.
(e) No person in the business of selling or otherwise distributing cigarettes or
other tobacco or smoking products for commercial purposes, or any agent or
employee of such person, shall distribute a cigarette or other tobacco or
smoking product free to any person. Furthermore, no person shall sell or
otherwise distribute a cigarette or other tobacco smoking product to a minor.
(f) Tobacco products vending machines:
( I) No person shall distribute or sell tobacco products by the use of a
vending machine unless said machine is so located as to be under the supervision
of an adult responsible for the operation of said machine and who shall be
within ten (10) feet of said machine, and unless said machine is remotely
controlled by a switch which shall be inaccessible to the purchaser and shall
render the machine inoperable to the public.
(2) Each tobacco products vending machine shall be located fully within the
premises in which it is located and not less than ten (10) feet from all
entrance and/or exit ways.
(g) Free standing displays:
(1) No person shall sell or offer for sale tobacco products by means of a
free standing display, provided, however, that the commissioner shall, upon
request, grant a waiver of said prohibition for a free standing display that is
located on the main selling counter within five (5) feet of the main sales
register and which is supervised by store personnel at all times when the store
is open to the public.
(2) A violation of any of the provisions of this section shall be cause for
revocation of the waiver. In the event of such a violation, the commissioner
shall provide written notice of each such violation and, following no less than
two (2) weeks notice to the permit holder, the commissioner shall conduct a
hearing on such violation. If the commissioner determines that the permit holder
has violated any of the, provisions of this section or any of the provisions of
the waiver, then the commissioner shall revoke the waiver. A permit holder whose
waiver has been so revoked shall not be eligible to apply for a waiver for a
period of three (3) years calculated from the date of the revocation.
(3) The commissioner shall notify the applicant in writing in each case of
a decision on an application for a waiver or to revoke a waiver and shall
provide a copy of any such decision granting or revoking a waiver to the clerk
of the board of aldermen, the chief of police, and the board of licensing
commissioners.
(h) Violations and penalties:
(1) A person who violates the provisions of subsection (d)(I) of this
section shall be subject to a fine of one hundred dollars ($100.00) for each
violation. Every hour or part thereof in which a person engages in conduct
prohibited by subsection ( d)( 1 ) of this section shall constitute a single and
separate violation.
(2) A violation of any provision of this section other than subsection (d)(l)
shall be subject to a fine of seventy-five dollars ($75) for the first offense,
one hundred and fifty dollars ($150) for the second offense and three hundred
dollars ($300) for the third and each subsequent offense. The tobacco permit
holder shall be assessed a fine according to the schedule stated in this
subsection for each violation of any provision of this section, other than
subsection (d)(l), occurring on the premises governed by the permit. In the
event of a sale or free distribution of a tobacco product to a minor made by an
employee of the permit holder, such employee shall also be subject to fine in
accordance with the schedule stated in this paragraph. In addition, three (3)
violations of this section within three (3) years, calculated from the date of
the first offense, by the same permit holder shall be cause for revocation or
suspension of the tobacco sales permit, pursuant to subsection (h)(3) of this
section.
(3) The commissioner shall revoke a tobacco sales permit granted pursuant to
this section upon determination that a permit holder has committed three (3)
violations of this section within three (3) years, calculated from the date of
the first offense. The commissioner shall provide notice to the permit holder of
the intent to suspend or revoke a tobacco sales 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 (7) 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 commissioner's decision, and the reasons therefor, in writing.
All tobacco products shall be removed from the premises upon suspension or
revocation of the tobacco sales permit. Failure to remove shall constitute a
separate violation of this section. A permit holder whose permit has been
revoked may not apply for a new permit prior to the expiration of one (1)
calendar year following the date of revocation.
(i) Severability: The provisions of this section are severable. If any
provision of this section or its application to any person or circumstance is
held invalid, such invalidity shall not affect other provisions or applications
of this section which can be given effect without the invalid provision or
application. (Ord. No. T-241, 10-21-91; Ord. No. T- 293, 8-9-93; Ord. No. T-295,
9-7-93)
Sec. 20-19. Smoking in the workplace.
Statement of purpose: The board of aldermen recognizes the right and need
of those who wish to breathe smoke-free air and finds and declares that the
smoke of tobacco, tobacco related products and tobacco substitutes and
fillers is a hazard to the health of the general public. Accordingly, smoking is
hereby declared to be a public nuisance and dangerous or hazardous to the public
health, and, therefore, the board has determined that the health, safety , and
welfare of the residents of the city would be furthered by the regulation of
smoking in enclosed places and in places of employment.
(a) Definitions. For purposes of this section the following words shall
have the meanings respectively ascribed to them by this section:
Employer: An individual person, partnership, association, corporation,
trust, or other organized group of individuals, including the City of Newton or
any agency thereof, which utilizes the services of two (2) or more employees.
Employee: Any individual person who performs services for an employer.
Workplace: Any enclosed area of a structure or portion thereof at which
two (2) or more employees perform services for their employer, but not including
lobbies of buildings open to the public, areas where smoking is regulated under
the provisions of section 20-16 of the Revised Ordinances, or within the
personal residence of the employer.
Smoking: The burning of a lighted cigar, cigarette, pipe or other
tobacco smoking equipment.
(b) It shall be unlawful for any person to smoke in any workplace in
the city, except in a smoking area designated in a written policy governing
smoking in such workplace. Each employer who operates a workplace in the city
shall establish and post such a written policy governing smoking in such
workplace and file a copy of said policy with the commissioner. Such policy
shall be readily available for viewing by said employer's employees and the
employer shall provide a copy of such policy to an) such employee upon request.
Smoking shall be prohibited in all areas of the workplace, except as provided
for in subsection (c).
(c) The policy may allow the employer to
designate specific enclosed areas in which employees may smoke, provided,
however, that nonsmoking areas of comparable size and capacity and with
comparable amenities are available and provided that physical barriers and/or
ventilation systems are used which prevent the infiltration of environmental
tobacco smoke into nonsmoking areas. Areas designated smoking and nonsmoking
must be conspicuously marked. The policy must protect the right of all employees
to clean, breathable air free of environmental tobacco smoke. No individual
shall be refused employment in the city because he or she does not want to
breathe environmental tobacco smoke in the workplace.
(d) In drafting the policy governing smoking in the workplace, each employer
shall make a reasonable effort to determine the needs of his employees located
in such workplace relative to the required policy. An employer may satisfy this
requirement of the ordinance by utilizing one or more of the following
procedures in establishing a policy:
(I) a joint committee of labor and management;
(2) interviews with employees;
(3) written questionnaires completed by employees;
(4) any other appropriate method which allows for broad
employee participation.
(e) Each employer shall within six (6) months of the adoption of this section,
adopt and implement a policy governing smoking in the workplace or
workplaces operated by such employer in the City of Newton. Employers not in
existence or not covered by this section at the date of its adoption shall have
ninety (90) days from the date this section does apply to them in which to adopt
and implement the required policy.
(f) Each employer shall
review and revise if necessary its policy governing smoking in its workplace or
workplaces in the city not later than twelve (12) months after the original
implementation of the policy, and not less than every two (2) years thereafter.
(g) Each employer or
other person having control of premises upon which smoking is prohibited by this
section, or the agent or designee of such person, shall conspicuously display
upon the premises an appropriate number of signs reading "Smoking
Prohibited by Law."
(h) It shall be
unlawful for any employer or other person having control of premises upon which
smoking is prohibited by this section, or the agent or designees of such person,
to permit a violation of this section.
(i) Nothing in this
section shall be construed to require smoking areas. A policy which prohibits
smoking throughout a workplace shall always satisfy the requirement that a
smoking policy be established, but shall not exempt the employer from the other
provisions of this section.
(j) If an employee
believes that the current policy fails to protect his or her right to clean,
breathable air free of environmental tobacco smoke while in the workplace or
workplaces operated by such employee's employer in the city, such employee may
give written notice to his or her employer of such objection. Upon receipt of
such notice, the employer shall make a reasonable and diligent attempt to
mediate the employee's objection by following any grievance procedure which may
be set forth in the policy or by informal conference.
(k) If the
employer's decision resulting from the grievance procedure or informal
conference does not satisfy the objecting employee, or if the employer has
failed to take any action within thirty (30) days after receiving written notice
of the employee's objection, such employee may file a complaint with the City of
Newton Health Department. The Commissioner of Health shall promptly thereafter
designate a person from that department to investigate the employee's complaint,
said investigation to include a hearing to be held before the Commissioner if
such hearing is requested by either the employee or employer. The Commissioner
shall then determine if the complaint is reasonable, giving due consideration to
reasonable protection of the health of the complaining employee and to the
reasonable needs of the employer's business. If the Commissioner determines that
the complaint is reasonable, the Commissioner ,shall order the employer to
implement a policy which is, in the view of the Commissioner, adequate to
provide reasonable protection for the health of the complaining employee, giving
due consideration to the reasonable needs of the employer's business. The
employer shall implement any such order of the Commissioner, provided, however,
that the employer shall not be required to make -any structural changes to the
workplace.
(l) Any party to a complaint proceeding undertaken pursuant to
the provisions of subsection (k) who is aggrieved by the order of the
commissioner in such proceeding may seek relief therefrom by any court of
competent jurisdiction as provided by the laws of the Commonwealth of
Massachusetts.
(m) Employers found not to be in compliance with the
provisions of this section shall be subject to a fine of not more than fifty
dollars ($50.00) for each seven (7) day period of non-compliance. Enforcement
proceedings against an employer for violations of this section shall only be
undertaken by the Commissioner of Health.
(n) If any section or provision of this section is found
to be illegal or against public policy or unconstitutional, it shall not affect
the legality of any remaining section being in force. (Ord. No. S- 72, 6-4-84;
Ord. No. T -293, 8-9-93)
(b) HEALTH DEPARTMENT: The commissioner of health, and/or his or her designee, sanitary inspectors of the health department, the chief of police and/or his or her designee, and the administrative director of the board of license commissioners and/or his or her designees shall be authorized to issue written notice of the following violations:
Section 20-16. Smoking prohibited in public places
PENALTY
( ) First offense
$50.00
( ) Second offense
$100.00
( ) Third offense
$200.00
Section 20-18A. Sale of tobacco products
( ) First offense of any
provision of §20-18A,
except subsection (d)(I)
$75.00
( ) Second offense of any provision of §20-18A,
except subsection (d)(I)
$150.00
( ) Third or subsequent offense
of any provision of
§20-18A,
except subsection (d)(I)
$300.00
( ) Any offense of the provisions of §20-18A,
subsection (d)(l)
$100.00
Tobacco Regulations for the City of Waltham
In accordance with the provisions of G.L.C. 111 sec.31, and any other applicable law, the Board of Health of the City of Waltham hereby enacts and adopts the following health regulation: WHEREAS, tobacco use is a leading public health problem in the City of Waltham and throughout the United States; and WHEREAS, 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 of both the smoker and non-smoker exposed to secondhand smoke; and WHEREAS, tobacco use by minors is a continuing problem with grave public health consequences because more than 80% of all smokers begin before the age of eighteen and more than 3,000 people begin smoking every day in the United States; and WHEREAS, the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin, action is needed to curtail the easy access of tobacco products to minors. NOW THEREFORE BE IT ORDAINED that a strict and enforceable system to prevent access to, and the illegal sale of tobacco products to, minors be enacted as follows:
Section I: Definitions
"Employee" means any individual who performs services for an employer
in return for wages or
profit. "Employer" means any individual,
partnership, association, corporation, trust or other organized group of
individuals which regularly uses the services of two (2) or more employees.
"Individual" means any employee, volunteer, or any other person who
patronizes an area where tobacco products are sold.
"Retail Store" means any establishment selling goods or articles or
personal services to the public.
"Self Service Display" {also known as "free-standing
display") means a display from which individual packs or cartons of tobacco
products may be selected by a customer.
"Tobacco Vending Machine" means any machine or device
designated for or used for the vending of cigarettes,
cigars, tobacco, or tobacco products upon the insertion of coins,
trade checks, swipe cards, slips, or any other form of payment,
Section II: Tobacco Sales to Minors Prohibited
A. Sale to Minors - In conformance with Massachusetts General Laws,
Chapter 270, Section 6, whoever sells a cigarette, chewing
tobacco, snuff or any tobacco in any of its forms to any person
under the age of eighteen or, not being his parent or guardian, gives a
cigarette, chewing tobacco, snuff, or tobacco in any of its forms to any person
under the age of eighteen, shall be a violation of this regulation.
B. Posting State Law - In conformance with
Massachusetts General Laws, Chapter 270, sec. 6, shall be posted conspicuously
by the owner or other person in charge thereof in the shop or other place used
to sell cigarettes at retail. The notice to be posted shall be provided
and made available from the Board of Health of the City of Waltham. Such
notice shall be at least 48 square inches and shall be posted at the cash
register which receives greatest volume of single cigarette I 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 (4)
feet or greater than nine (9) feet from the floor. For all other cash
registers that sell cigarettes, a notice shall be attached which is no smaller
than nine {9) square inches. Such notice must be posted in 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 no
less than four ( 4) feet or more than nine (9) feet from the floor.
C. Permit for Location and Sales of Tobacco
1. After the effective date of this Regulation, the Board of Health of
the City of Waltham will issue a Permit for Location and Sales that will
specify the name, address, and approved location per the Board of
Health of the City of Waltham or their designated agent(s) for retailers
who sell tobacco
products.
2. After the effective date of this Regulation all retailers who
are required to hold a state license to sell cigarettes of Waltham for
each location at which tobacco products are sold.
3. After receiving the permit, the merchant will receive signage that states
88ta "Sale of cigarettes or any tobacco products to persons under age
eighteen (18) is illegal, M.G.L. Chapter 270,sec. 6 & 7." Any merchant
not posting said signage will be in violation of this Regulation.
4. A "Permit for Location and Sales" is non-transferable,
except a new permit will be issued to a tobacco retailer who changes
locations.
5. During such time that a "Permit for Location and Sales"
of tobacco products has been suspended for violations of this Regulation, all
tobacco products must be removed from the portion of the retail store
accessible to the general public.
D. Tobacco Vending Machines
Vending machines dispensing tobacco products shall be located in
plain view and control of a responsible employee, and all such vending machines
must be equipped with a lockout device approved by the Board of Health.
E. Out-of-Package Sales Prohibited
No person or entity may sell or cause to be sold, or distribute
or cause to be distributed, any cigarette package that
contains fewer than twenty (20) cigarettes.
F. Self-service Display Restrictions
No retailer shall sell or offer for sale tobacco products by
means of a self-service display (also known as "free-standing"
display) unless such display is located within ten (10) feet of the check-out
counter and in plain view of the cashier or person on duty and in charge of the
establishment.
G. Sales by Employees
1. In the event of a prospective purchase of cigarettes or other
tobacco products at retail by a person age twenty-six (26) years old or
younger. The employee responsible for the completion of the sale shall
request and examine photographic identification establishing the purchasers age
as eighteen (18) years or greater as long as such is not in conflict with
federal law.
2. No commercial entity selling tobacco products at retail shall allow any
employee to sell cigarettes or other tobacco products until such employee reads
this regulation and state laws regarding the sale of tobacco and signs a
statement, a copy of which will be placed on file in the office of the
employer that he/she understands the Regulation.
H. Revocation of Permit, Hearing
The Board Health of the City of Waltham shall provide written notice to the
permitee of the intent to suspend or revoke a Permit for Location and Sale
of Tobacco for any violation of this Regulation .The notice shall contain the
reasons for the suspension or revocation and establish a date and time for a
hearing. The date of the hearing shall be no earlier than seven (7) days
after the date of said notice. The permitee shal1all have an opportunity to be
heard at such hearing and shall be notified of the boards decision and reasons
in writing.
Section III. Enforcement - Enforcement of this Regulation shall be
implemented by the Board of Health of the City of Waltham or its designated
agent(s). Any citizen who desires to register a complaint of
non-compliance under the Ordinance may do so by contacting the Board of Hea1th
of the City of Waltham or its designated agent(s).
Section V: Public Education
The Board of Health of the City Waltham shall engage in a continuing program to
explain and clarify the purposes and requirements of this Regulation to citizens
affected by it and to guide owners, operators and managers in their compliance
with it. Such program may include publication of a brochure for
affected businesses and individuals explaining the provisions of this
Regulation. The Board of Health of the City of Waltham shall respond to any
requests from tobacco retailers for assistance in training sales personnel.
Section VI: Severability
If any provision, clause, sentence or paragraph of this Regulation or the
application thereof to any person or circumstance shall be held invalid, such
invalidity shall not affect the other provisions of this article which can
be given effect without the invalid provision or application, and to this
end the provisions of this Regulation are declared to be severable.
Section VII: Effective Date
This Regulation shall take effect on July 1, 2000.
1. Tobacco
Vending Machines –
Tobacco Regulations for the Town of Wellesley
The Wellesley Board of Health, in recognition of
tobacco use as the primary avoidable cause of death, and the fact that a
majority of adult smokers began smoking before the age of eighteen, on September
16, 1992 approved the following regulation acting under the authority of M.G .L.
Chapter 111, Section 31. The effective date of this regulation shall be January
1, 1993. Amended on February 10, 1993.
TOBACCO SALES TO MINORS
1.00 Permits. No person may sell or distribute tobacco in any form
without possession of a valid retail tobacco sales permit issued by the
Wellesley Health Department. Such a permit shall be renewed annually on June
first of each year at a cost established by the Board of Health.
1.01 A retail tobacco sales permit may be suspended up to seven days by
Health Department if a permittee fails to comply with any of these regulations
1.02 The Board of Health may revoke a retail tobacco sales permit for up to 365
calendar days for any repeat offenses. A history of repeat offenses shall be
sufficient cause for the Board to deny renewal of such a permit. A public
hearing shall be held before a permit is revoked.
1.03 The holder of a retail tobacco sales permit may not subject any employee to
any form of reprisal for reporting violations of these regulations. Any such
action by a permittee shall be punishable by a fine of $200 and revocation of
the sales permit for up to one year.
2.00 Signs. Store managers shall post and maintain appropriate signs wherever
any tobacco products are displayed notifying all purchasers that proof of age is
required for the purchase of any type of tobacco product.
3.00 It shall be unlawful to sell, give, or furnish tobacco in any form to
anyone less than eighteen years of age. Establishments selling tobacco products
shall establish the purchaser's age to be eighteen years or greater.
4.00 A free standing display of tobacco products, from which a customer may
select such items, must be located within the unobstructed view of the regular
location of an appropriate person designated to supervise the purchase of
products from the display.
5.00 Vending machines. Vending machines for the sale of tobacco products shall
be equipped wit~ a lockout device to prevent sales to anyone under eighteen
years of age. The release mechanism must prevent continuous operation of the
vending machine and shall not be accessible to customers.
5.01 Vending machines must be located within the unobstructed view of a
responsible employee, so that any purchases are controlled in the same manner as
over the counter sales. 6.00 Food Establishments. Any food establishment selling
tobacco products shall be in compliance with all the requirements of ,105 CMR
590.001(D) .Failure to comply with any portion of same shall be considered to be
a violation of these regulations and subject to the punitive sanctions described
in section 8.00 of these regulations.
7.00 The regulations shall be enforced by periodic inspections. Such
inspection may include attempted purchases by individuals under 18 years of age
under the supervision of either the Health Department or the Police Department
or their appointed agents. Such inspections may be conducted at the discretion
of either of these agencies.
8.00 Whoever sells or gives tobacco in any form to a person under the age of
eighteen shall be punished by a fine of not less than $100 for a first offense,
and not less than $200 for any subsequent offense ,~; -All fines shall be
assessed against the holder of the tobacco sales permit unless that person can
demonstrate that the employee who violated these regulations was given training
regarding their responsibilities under these regulations. If such evidence is
presented to the Board of Health, the Board may require the employee to pay up
to 50% of any fines levied for violation of these regulations.
CHAPTER
VIII
SMOKING POLLUTION CONTROL AT THE WORK SITE
1.00
General Requirements. It shall be the responsibility of employers to provide a
smoke free area for non-smoking employees within existing enclosed facilities
whenever it is reasonably possible, but employers shall not be required to make stnlctura1 d1anges or physical
modifications. 1.01 Reserved.
2.00
Written Policy. Within sixty (60) days after adoption of this
regulation by the Wellesley Board of Health every
employer having an enclosed place of employment shall establish a written policy
regarding smoking in the workplace .The policy must provide the following
minimum requirements :
a.
Any employee may have right to designate his/her work area as a no-smoking
zone and to post an appropriate sign indicating it as such. However , if the
proximity of smokers, size of work area, poor ventilation or other factors
do not mitigate the effects of the smoke to tile satisfaction of the employee,
the employer shall make additional accommodation by expanding the size of tile
no-smoking zone. If sufficient accommodation cannot be accomplished it shall be
necessary for the employer to prohibit smoking within the employee's work area.
b.
The employee's work area shall be considered to extend to all permanent
architectural walls. Partitions that do not extend from floor to ceiling
shall not be used to define a non-smoking area. An employer is not required to
make any stnlctura1 d1anges to satisfy the preferences
of either smoking or non-smoking employees.
c.
When an employer prohibits smoking in specific areas of tile workplace he/she
shall be responsible for posting and maintaining conspicuous signs indicating
the non-smoking policy. The signs shall also be in a foreign language
wherever appropriate.
d.
It is unlawful for any employer to discharge, refuse to hire or in any manner
retaliate or discriminate against any employee or applicant for employment who
exercises any rights afforded by this article.
e.
Anyone seeking relief afforded by this regulation must file a written complaint
with the Wellesley Health Department.
2.01
Reserved.
FREE DISTRIBUTION OF TOBACCO PRODUCTS
1.00
No tobacco products shall be freely distributed as samples or as part of any
form of promotion within the Town of Wellesley.
1.01
Reserved.
This regulation shall become part of Chapter VIII of the Wellesley Board of
Health Regulations. This regulation shall take effect after publication of a
summary of the regulation in a newspaper published in the Town of Wellesley.
SMOKING ON SCHOOL PROPERTY
1.00- PURPOSE
There exists substantial evidence that demonstrates the harmful effects of tobacco smoke are not confined to only smokers, but also may cause
severe discomfort, and in some cases grave illness to non-smokers. Therefore,
these regulations are adopted pursuant to Massachusetts General Laws Chapter
111, section 31, as health regulations designed to protect and improve the
health of the residents of the Town of Wellesley.
2.00- SCHOOLS
In accordance with these regulations, Massachusetts General Laws, Chapter 71,
section 37H of the Executive Office of Education and Chapters of the Fire
Prevention Laws, there shall be no smoking by any person within the school
buildings, the school facilities, the school grounds or on school buses by any
individuals.
3.00- POSTING OF SIGNS
"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 article, by the owner, operator, manager or other person having control
of such building or other place.
4.00- ENFORCEMENT
Enforcement of this article shall be implemented by the Health Department,
Police and/or other agents appointed by the Board of Health. The Principals and
Vice Principals of the Wellesley School System are authorized to enforce the
provisions of this regulation.
5.00- VIOLATIONS AND PENALTIES
Any person who violates any provision of this regulation shall be guilty of an
infraction punishable by a fine not exceeding thirty ($30) dollars.
6.00- OTHER APPLICABLE LAWS
This article shall not be interpreted or construed to permit smoking where it is
otherwise restricted by other applicable health, safety, or fire codes,
regulations or
statutes.
Tobacco Ban in Restaurants
7.00- SEVERABILITY
If any provision, clause, sentence or paragraph of this regulation or the
application thereof to any person or circumstances shall be held invalid, such
invalidity shall not effect the provisions of this article which can be given
effect without the invalid provisions application, and to this end the
provisions are declared to be severable.
8.00- RESERVED
Adopted July 10, 1996
G. Violations:
Any person who violates this regulation shall be subject to a
fine in an amount of one hundred dollars ($100) for a first offense,
two hundred dollars ($200) for a second offense and three hundred dollars ($300)
for a third or subsequent offense.
H. Enforcement:
As an alternative to initiating criminal proceedings, violations of this
regulation may be enforced in the manner provided in M.G.L. c. 40, Sect. 21D, by
the Board or its agents. Any fines imposed under the provisions of this
regulation shall enure to the Town of Wellesley for such use as the town may
direct.
I. Severability:
If any paragraph or provision of this regulation is found to be illegal or
against public policy or unconstitutional, it shall not affect the legality of
any remaining paragraphs or provisions being in force.