Town of Cohasset, MA
Norfolk County
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[HISTORY: Adopted by the Town Meeting of the Town of Cohasset as Art. VII, § 33, of the 1988 General Bylaws; amended 6-6-2003. Subsequent amendments noted where applicable.]
No person shall smoke in any public place or workplace.
[Amended 4-30-2018 ATM by Art. 18]
For the purpose of this chapter, the following terms, phrases, words and their derivations shall have the meaning given herein:
BAR
An area within a food service establishment which is devoted primarily to serving alcoholic beverages for consumption by guests on the premises and in which the consumption of food is only incidental to the consumption of such beverages.
EMPLOYEE
Any individual who performs services for an employer in return for wages or profit.
EMPLOYER
Any individual, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Cohasset or any department thereof, which regularly uses the services of two or more employees.
ENCLOSED
An area separated from another area by walls and under a roof.
PUBLIC PLACE
An enclosed, indoor area and outdoor eating areas associated with restaurants when open to and used by the general public, including but not limited to the following facilities: auditoriums; licensed child-care locations; educational facilities; elevators; hotel and motel lobbies; stairwells, halls, entranceways and public rest rooms; libraries; municipal buildings; museums; retail stores; restaurants; retail food establishments; sports arenas; theaters; transit facilities; and any other rooms or halls when used for public meetings. A room or hall used for a private social function in which the sponsor of the private function and not the owner, proprietor or person normally in charge has control over the seating arrangements shall not be construed as a public place.
RESTAURANT
Any establishment serving food for consumption on the premises, which maintains tables for the use of its customers. This includes, without limitation, cafeterias and cafeterias in the workplace.
RETAIL FOOD ESTABLISHMENT
Any establishment in which the primary activity is the sale of food items to the public for off-premises consumption, including, without limitation, supermarkets and grocery stores.
RETAIL STORE
Any establishment selling goods or articles to the public.
SEATING CAPACITY
That capacity designated on the occupancy permit of any restaurant, theater or sports arena.
SMOKING
The lighting of any cigar, cigarette, pipe or other tobacco product or having the possession of any lighted cigar, cigarette, pipe or other tobacco product.
SPORTS ARENA
Any sports pavilion, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink, bowling alley or other place where members of the general public assemble to engage in physical exercise, participate in athletic competition or witness sports events.
WORKPLACE
Any area within a structure or portion thereof where an employee(s) performs services for his employer; it includes employee lounges, rest rooms, conference rooms, hallways, stairways and entranceways within the structure where employees perform services for their employer. It also includes an area outside the structure within 20 feet of any entrance to the structure.
The prohibition against smoking in public places shall apply to the interior of all restaurants, bars and bar areas within restaurants in their entirety.
A. 
Any person having control of premises upon which smoking is prohibited by this chapter shall conspicuously display upon the premises an appropriate number of signs reading "Smoking Prohibited by Law."
B. 
It shall be unlawful for any person having control of any premises in which smoking is prohibited by this chapter to knowingly permit, or for its, his, or her agent to knowingly permit, a violation of this chapter.
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 rights afforded by this chapter.
The Board of Health may promulgate regulations for the administration of this chapter of the bylaws.