ARTICLE 26
Smoking in Public Places
Section 1. Definitions. As used in this regulation:
Public Meetings means all meetings which are regulated by Commonwealth's Open Meeting Law (found in Chapter 39, Sections 23A, B, and C of the General Laws).
Public Place means an enclosed, indoor area when open to and used by the general public, but limited to the following facilities:
public elevators, retail food outlets, museums, libraries,
hospitals, nursing homes, and entire room or hall in a public
building when used for a public meeting.
An entire 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.
Smoking means the possession of a lighted tobacco product, including a cigarette, cigar, pipe, or any other lighted smoking equipment.
Section 2. Prohibition. No person shall smoke in any public place except that smoking shall be permitted in specifically designated smoking areas as hereinafter provided.
Section 3. Reserved.
Section 4. Museums, libraries, hospitals, nursing homes. Museums, libraries, hospitals, and nursing homes may designate smoking areas provided that comparable non_smoking facilities are available and so situated as to effectively eliminate the presence of smoking by_products in non_smoking areas.
Section 5. Enforcement. (a) The proprietor(s) or other person(s) in charge of a public place shall make reasonable efforts to prevent smoking in non_smoking areas by:
(1) Posting appropriate signs.
(2) Arranging seating to provide a smoke_free area.
(3) Any other means which may be appropriate and reasonable or determined to be necessary by the Board of Health after a hearing at which the proprietor(s) or other person(s) in charge of a public place shall have an opportunity to be heard.
Section 6. Penalties.
(a) Any person who smokes in a non_smoking area shall be subject to a fine of not less than ten dollars ($10.00), nor more than thirty dollars ($30.00) for each offense.
(b) Any proprietor(s) or other person(s) in charge of a public place who fail(s) to comply with these regulations shall be subject to:
(1) A fine of up to two hundred dollars ($200.00) each day of non_compliance, and
(2) Suspension of any license issued by the Board of Health or the Board of Selectmen for that public place for a period of up to two (2) days for each day of non_compliance.
Section 7. (DELETED per Attorney General '96) Variances.
(a) The proprietor(s) of a public place may make written application to the Board of Health for a variance from these regulations.
(b) Notice of a hearing upon an original application for a variance must be posted with the public notice of the Board of Health meeting at which it is to be considered.
(c) The Board of Health may vary the application of any provision of these regulations with respect to any particular case, when, in its opinion, the enforcement thereof would do manifest injustice.
(d) Any variance granted by the Board of Health shall be in writing.
(e) Variances may be granted for up to one (1) year and extended for like periods upon submission of a renewal application which states that no permits for alteration of the premises or of the ventilation system(s) have been applied for or granted and that no such alterations have been made since the original variance was granted.
(f) A copy of any variance granted under this Section shall be available for public inspection on the premises for which it is issued.
(g) Nothing in these regulations shall make smoking lawful in any area in which smoking is or may hereafter be prohibited by law. (AG Deletion/Ratified ATM97)
Section 8. Severability. If any provision of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect. (ATM85)
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