TOWN OF BOURNE
BOARD OF
HEALTH
24 Perry
Avenue
Buzzards Bay, MA 02532
TOBACCO
REGULATIONS
Pursuant to Chapter 111, Section 31 of the Massachusetts General Laws, the Bourne Board of Health, at its regular meeting on April 10, 2002 voted to amend the following regulation, last amended on March 24, 1999, as follows in order to make the Board of Health regulation consistent with the Town of Bourne By-Law adopted at the Annual Town meeting of May 14, 2001 and effective September 6, 2001:
Section 1- Findings and Purpose
The 1986 Surgeon General's Report on “The Health Consequences of Involuntary Smoking” clearly documents that non-smokers are placed at risk of developing diseases as a result of exposure to environmental tobacco smoke or second hand smoke. Numerous studies have found that tobacco smoke is a major contributor to indoor pollution, and that breathing secondhand smoke is a cause of disease, including lung cancer, in non-smokers. At special risk are children, the elderly, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease.
Exposure to environmental tobacco smoke presents a serious and substantial public health risk. Of particular concern is the workplace environment of non-smokers, where they may be subjected to sustained, involuntary exposure.
Studies have shown that vending machines afford an opportunity for unauthorized sale of cigarettes to minors. Evidence further demonstrates that tobacco is extremely addictive. Approximately 8O% of all smokers begin smoking before age eighteen and more than 3,000 young people begin smoking every day in this nation.
Section 2 - Authority
The Town of Bourne, pursuant to Massachusetts General Laws, Chapter 111, Section 31, adopts these regulations as reasonable health regulations designed to protect the health and welfare of its residents. These regulations do not supersede any other applicable laws, regulations or rules that are more stringent.
Section 3 - Definitions
a. Bar/Lounge - an establishment with a food service license, devoted primarily to serving alcoholic beverages for consumption by guests on the premises, in which the consumption of food is only incidental to the consumption of such beverages.
b. Employee - a person who performs services for wages or other compensation, or as a volunteer
c. Employer - a person,
partnership, association, corporation, trust, or other organized group,
including the County
of Barnstable and any department or agency thereof, and any municipal entity
which use the services of two or more employees.
d. Enclosed – A space bound by walls continuos from the floor to ceiling, and enclosed by doors and/ or windows. For the purposes of this regulation, an outside deck and/or patio, which is open (unobstructed for at least 50% of the total perimeter) will not be considered enclosed. (These outside areas, if used for smoking, will not include formal seating or food/beverage service and are strictly to be used for waiting areas or outside smoking.)
e. Food Service
Establishment/restaurant - an establishment with a food service license having one or more seats at
which food is served, that is a covered area and/or located within a permanent
structure.
f. Minor - A person under eighteen years of age.
g. Public Place - an enclosed, indoor area
that is open to and used by the general public, including but not limited to
the following facilities: food service establishments/restaurants, bars/lounges,
private clubs, any building or facility owned, leased, operated or
occupied by the municipality, including school
buildings or grounds, licensed
child care facilities, educational facilities, clinics, nursing homes, elevators,
stairways, halls, lobbies and entrances accessible to the general public, common areas of
guest houses/bed and breakfast
establishments/inns/hotels/motels, public
restrooms, laundromats, hair salons, barbershops, libraries, museums, indoor sports
arenas, enclosed shopping malls, theaters, auditoriums, public transit
facilities.
h. Seating/Building Capacity - the capacity of seating and/or the capacity of the building as determined by any license/permit issued by the town.
i. Smoking - the lighting of, or having in one's possession any lighted cigarette, cigar, pipe or other tobacco product
j. Tobacco - cigarettes, cigars,
snuff, chewing tobacco or tobacco in any of its forms.
k. Tobacco
Vending Machine - a mechanical or electrical device which dispenses products by
self-service, with or without the assistance of a clerk or operator.
l.
Workplace - any area within a structure or portion thereof in
which employees perform services for
their employer. It also includes
employee lounges, restrooms, dining areas,
conference rooms, hallways, stairways and entrances.
Section 4 - Vending Machines
No vending machines for
the dispensing of cigarettes and/or other tobacco products, which are
accessible to the public, are allowed in the Town of Bourne.
Section 5 - Prohibition of Smoking in Public Places
a. Smoking shall be prohibited in all public places.
Section 6 - Prohibition
of Smoking in the Workplace
It shall be unlawful for any person to smoke in any workplace.
Section 7 - Posting
Each person having control of a premises where smoking is restricted and/or prohibited by this regulation, shall conspicuously display on the premises, including the primary entrance doorway signs reading "No Smoking" or the international symbol for No Smoking.
Section 8 - Sale and Distribution of Tobacco Products
a. Permit - to monitor compliance of the sale of tobacco products, permits will be issued. No person, firm, corporation, establishment or agency, shall sell tobacco products within the Town of Bourne without a valid tobacco sales permit issued by the Board of Health. Permits must be posted in a manner conspicuous to the public. Tobacco sales permits must be renewed annually at a time and fee set forth by the Board of Health.
b. Sales to Minors - In conformance with Massachusetts General Laws, Chapter 270, Section 6, no person, firm, corporation, establishment, or agency, shall sell tobacco products to a minor. Each employee working in an establishment licensed to sell tobacco products shall be required to read the Board of Health regulations pertaining to this Section and State Laws regarding the sale of tobacco to minors, and sign a form indicating that such regulations/laws have been read, a copy of which must be placed on file in the office of the employer and retained. Such signed forms must be made available for inspection during the holder’s normal business hours, upon request of the agent of the Board of Health.
c. Free Distribution - 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.
d. Identification
- Each retailer shall verify, by means of photographic identification containing the bearer's date
of birth (including but not limited to government identification), 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 27.
e. Restriction of Self Service and/or Freestanding Displays- It has been shown that self-service and/or freestanding displays encourage illegal activity by youth and provide youth with easier access to tobacco products. Tobacco products on self-service and/or freestanding displays in retail locations, where a tobacco product may be selected by the customer, shall be prohibited .
Section 9 Violations, Enforcement and Penalties
a. The Bourne Board of Health, its enforcement officer(s) and/or anyone with police powers may enforce this regulation.
b. Violations of this smoking regulation will be subject to the provisions of Massachusetts General Laws, Chapter 40, Section D, regarding non-criminal dispositions as adopted by the Town of Bourne.
c. Any person who violates any provision of this regulation, by smoking in an area prohibited by this regulation, shall be punished by a fine of $50.00 for each offense, one hundred ($100.00) dollars for the second offense, and two hundred ($200.00) dollars for the third or subsequent violations during any one calendar year.
d. 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 the following actions for each offense.
1.
A warning shall be issued for the first offense, a fine of
$100.00 may be issued for the second offense, a fine of $200.00 may be
issued for the third offense, and a fine of $300.00 may be issued for any
subsequent offenses.
2. Following a third offense, the Board of Health may suspend or revoke an existing permit and/or license or renewal of same, as determined by the Board of Health, after holding a public hearing of which due notice has been given in writing to the affected proprietor(s) or other person(s).
3. Persons, firms, corporations or agencies selling tobacco products without a "Tobacco Sales Permit" issued by the Board of Health, shall be punished by a fine of $100.00 per day for each day of non-compliance.
Section 10 – Complaints
a. Any customer and/or employee exposed to smoke and/or smoking by-products because of poor ventilation or inadequate non-smoking areas may object to the person having control of the establishment, if after seven days, the owner(s) of the establishment has(have) not satisfied the objecting customer and/or employee, a complaint may be filed with the Board of Health.
Section 11 – Severability
If any provisions of these regulations is declared invalid or unenforceable, the other provisions shall not be affected thereby but shall continue in full force and effect.
Section 12 - Effective Date
These regulations shall become effective on May 1, 2002. .