There exists substantial evidence that tobacco smoke causes cancer,
heart disease, and various lung disorders. Increasing evidence further demonstrates
that the harmful effects of tobacco smoke are not confined to smokers but
may also cause severe discomfort and illnesses to nonsmokers. Therefore, these
regulations are adopted pursuant to MGL c. 111, §§ 31 and 31C,
as health regulations designated to protect and improve the health of the
residents of the Town of Marblehead. These regulations supersede the regulations
affecting smoking in certain places which became effective on June 1, 1988.
As used in this article, the following terms shall have the meanings
indicated:
BAR
A counter at which alcoholic beverages are served and consumed.
NONSMOKING AREA
All areas in bars, public places, retail food establishments and
restaurants except where smoking is permitted under this regulation.
PUBLIC PLACE
An enclosed, indoor area when open to and used by the general public,
including but not limited to the following facilities: restaurants, public
elevators, retail food outlets, museums, libraries, hospitals, nursing homes,
single vehicle mass transit conveyances operated by the Town of Marblehead
or any department, agency or subdivision thereof, and other mass transit conveyances,
and an entire room or hall in a public building when used for a public meeting
where a meeting of elected or appointed officials is taking place in public.
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, during the
private use of such facility.
RESTAURANT
Any establishment which serves food for consumption on the premises
and which maintains tables for the use of its customers. This includes all
food service establishments licensed by the Board of Health or required to
be licensed by the Board of Health.
RETAIL FOOD ESTABLISHMENT
Any establishment which sells food for consumption off the premises,
including but not limited to grocery stores, theaters and all other food service
establishments not included in the definition of a "restaurant" in this section.
SEATING CAPACITY
That capacity designated on the occupancy permit of a restaurant.
SMOKING
The possession of a lighted tobacco product, including a cigarette,
cigar, pipe, or any other lighted smoking equipment.
SMOKING AREA
Those areas within bars, public places, retail food establishments
and restaurants that are designated pursuant to this regulation as smoking
areas.
Smoking areas may be designated by the proprietor(s) or other person(s)
in charge of any facility subject to these regulations and in conformity with
these regulations, except in places in which smoking is prohibited by the
Fire Marshal or by other law or regulation.
The proprietor(s) or other person(s) in charge of a facility subject
to these regulations shall make reasonable efforts to prevent smoking in nonsmoking
areas by:
A. Conspicuously posting "No Smoking" signs in order to
clearly designate which areas are smoke free and conspicuously posting "Smoking
Area" signs to clearly designate the same.
B. In the case of restaurants, asking patrons if they would
like to be seated in the smoking or nonsmoking area.
C. Arranging seating so that existing physical barriers
and ventilation systems effectively eliminate the presence of smoking by-products
in nonsmoking areas (i.e., nonsmoking areas would be situated near the fresh
air intake vent of the facility).
D. Maintaining smoke eaters and ventilation systems in clean,
efficient working order.
These regulations as amended shall become effective August 3, 1993.