[HISTORY: Adopted by the Town Meeting of the Town of Chatham as indicated in article histories. Amendments noted where applicable.]
[1]
Editor's Note: As of 1-1-1999, smoking is prohibited in all enclosed public places within the Town of Chatham pursuant to Board of Health "Smoking Regulations" adopted September 1998 under MGL c. 111, § 31.
[Adopted May 1997 ATM by Art. 11 as Ch. 27 of the 1997 Bylaws]
The following words, for the purposes of this article of these bylaws, shall, unless another meaning is clearly apparent for the way in which the word is used, have the following meanings:
RESTAURANT
Means any establishment which serves food for consumption on the premises and provides seating for 75 or more persons indoors.
SMOKING
Means the lighting of or the having in one's possession of any lighted cigar, cigarette, pipe, or other tobacco product.
Smoking shall be permitted in any restaurant except in specifically designated no-smoking areas and areas prohibited by the Fire Marshal, law, or regulation.
A. 
Smoking and no-smoking areas may be designated by the proprietor(s) or other person(s) in charge of a restaurant, except in places where smoking is prohibited by the Fire Marshal, law or regulation.
B. 
No-smoking areas are determined by vote of the Board of Health.
The proprietor(s) or other person(s) in charge of a restaurant shall make reasonable efforts to prevent smoking in the no-smoking areas by:
A. 
Posting appropriate signs.
B. 
Arranging seating to provide a smoke-free area.
C. 
Asking smokers to refrain from smoking in the no-smoking area.
Exempted from this article are inns and hotels where a majority (50% or more) of the diners are on the American plan (room and board), and also private functions unless determined otherwise by vote of the Board of Health.