[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:
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.
Any individual who performs services for an employer in return
for wages or profit.
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.
An area separated from another area by walls and under a
roof.
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.
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.
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.
Any establishment selling goods or articles to the public.
That capacity designated on the occupancy permit of any restaurant,
theater or sports arena.
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.
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.
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.
[Amended 5-24-2021 ATM by Art. 28]
The Board of Public Health may promulgate regulations for the
administration of this chapter of the bylaws.
