Town of Deerfield, MA
Franklin County
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Table of Contents
Table of Contents
[HISTORY: Adopted as indicated in article histories. Amendments noted where applicable.]
[Adopted 4-29-1996 ATM, Art. 41]
A. 
Statement of purpose. Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke (ETS), which includes both exhaled smoke and the sidestream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Town of Deerfield recognizes the right of those who wish to breathe smoke-free air and establishes this article to protect and improve the public health and welfare by prohibiting smoking in public places and workplaces.
B. 
Definitions. For the purposes of this § 162-1 of this article, the following words shall have the meanings respectively ascribed to them by this subsection:
BAR
An establishment whose business is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.
BAR AREA OF RESTAURANT
An area of a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests or restaurant patrons on the premises and in which the serving of food is only incidental to the consumption of such beverages.
BOARD
The Board of Health of the Town of Deerfield.
HEALTH-CARE FACILITY
Any office or institution providing individual care or treatment of diseases, whether physical, mental or emotional, or other medical, physiological or psychological conditions, including but not limited to rehabilitation hospitals or other clinics, including weight control clinics, nursing homes, homes for the aging or chronically ill, laboratories, offices of any surgeon, chiropractor, physical therapist, physician, dentist and all specialists within these professions.
PERSON
Any person, firm, partnership, association, corporation, company or organization of any kind, including but not limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business or restaurant or retail store, or the agents or designees of any of the foregoing.
PUBLIC PLACE
Any building or facility owned or operated by the Town, including school buildings or grounds; and areas open to the general public, including but not limited to libraries, museums, theaters, auditoriums, indoor sports arenas and/or recreational facilities, inns, hotel and motel lobbies, educational facilities, shopping malls, public rest rooms, lobbies, staircases, halls, exits, entranceways, elevators accessible to the public and licensed child-care locations.
PUBLIC TRANSPORTATION VEHICLE
Buses, taxis and other means of transportation available to the general public while such means of transportation is operating within the boundaries of the Town, including indoor platforms by which such means of transportation may be accessed.
RESTAURANT
Any coffee shop, cafeteria, sandwich stand or private establishment which gives or offers food for sale to the public, guests or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities.
RETAIL STORE
Any establishment whose primary purpose is to sell or offer for sale to consumers, but not for resale, any goods, wares, merchandise, articles or other things, including supermarkets and grocery stores. "Retail store" shall not include restaurants as defined herein.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weeds, plants or other combustible substance in any manner or in any form.
TOWN
The Town of Deerfield.
VENTILATION SYSTEM
A mechanical system to remove tobacco smoke and exchange inside air by bringing in fresh air. Particulate air cleaners or filtration systems are not considered a ventilation system.
C. 
Smoking prohibited. No person shall smoke nor shall any person be permitted to smoke in any of the following places as defined herein: restaurants, retail stores, supermarkets, grocery stores, health-care facilities, public places or public transportation vehicles, except as otherwise provided in Subsection G of this § 162-1 of this article.
D. 
Election for coverage by private facilities. The owner, manager or other person in charge of a building or facility not covered by Subsection C of § 162-1 of this article may elect to have the provisions of this § 162-1 of this article apply by so notifying the Board, in writing, and by sending a copy of said notice to the Town Clerk and the Board of Selectmen and by posting signs prohibiting smoking as provided in Subsection E of this § 162-1 of this article.
E. 
Posting notice of prohibition. Every person having control of premises upon which smoking is prohibited by and under the authority of this § 162-1 of this article shall conspicuously display upon the premises "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
F. 
No person shall smoke in any place in which a sign conforming to the requirements of Subsection E of this § 162-1 of this article is posted. No person shall remove a sign posted under the authority of Subsection E of this § 162-1 of this article.
G. 
Exceptions. Notwithstanding the provisions of Subsections C and D of this § 162-1 of this article, smoking shall be permitted in the following places and/or circumstances: private residences, except when used as a licensed child-care facility or health-care facility; hotel and motel rooms that are rented to guests that are designated as smoking rooms; hotel and motel conference/meeting rooms and private and public assembly rooms while these places are being used for private functions; private or semiprivate rooms of nursing homes and long-term-care facilities, occupied by one or more patients, all of whom are smokers who have requested, in writing, to be placed in rooms where smoking is permitted; and the bar area of a restaurant, provided that it is separated from the nonsmoking area of the restaurant by location in a separate room or by means of physical barriers that completely enclose the bar area of the restaurant and is served by a ventilation system that is separate from the ventilation system that serves the nonsmoking portion of the restaurant so as not to interfere with the smoke-free air of the nonsmoking area of the restaurant.
H. 
Bars that permit smoking must conspicuously post signage approved and supplied by the Board at the entrance prohibiting persons under 18 and advising patrons of the health hazards of environmental tobacco smoke.
I. 
Conflict with other laws or regulations. Notwithstanding the provisions of the foregoing Subsection G of this § 162-1 of this article, nothing in this § 162-1 of this article shall be deemed to amend or repeal applicable fire, health or other regulations so as to permit smoking in areas where it is prohibited by such fire, health or other regulations.
J. 
Violations. Any person who violates this § 162-1 of this article shall be subject to a fine in an amount of $50 for a first offense, $100 for a second offense and $200 for a third or subsequent offense.
K. 
Enforcement.
(1) 
As an alternative to initiating criminal proceedings, violations of this § 162-1 of this article may be enforced in the manner provided in MGL c. 40, § 21D, by the Board or its designees. Any fines imposed under the provisions of this § 162-1 of this article shall enure to the Town of Deerfield for such use as the Town may direct.
(2) 
Any citizen who desires to register a complaint under this § 162-1 of this article may initiate enforcement with the Board of Health.
L. 
If any subsection or provision of this § 162-1 of this article is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining section being in force.
A. 
Nothing in the foregoing § 162-1 of this article shall apply to the following § 162-2 of this article. Nothing in this § 162-2 of this article shall apply to the foregoing § 162-1 of this article.
B. 
Statement of purpose. Whereas conclusive evidence exists that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and the harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers; and whereas environmental tobacco smoke (ETS), which includes both exhaled smoke and the sidestream smoke from burning cigarettes, causes the death of 53,000 Americans each year; and whereas the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure; now, therefore, the Town of Deerfield recognizes the right of those who wish to breathe smoke-free air and establishes this article to protect and improve the public health and welfare by prohibiting smoking in public places and workplaces.
C. 
Definitions. For the purposes of this § 162-2 of this article, the following words shall have the meanings respectively ascribed to them by this subsection:
BOARD
The Board of Health of the Town of Deerfield.
EMPLOYEE
Any individual person who performs services for an employer.
EMPLOYER
An individual person, partnership, association, corporation, trust or other organized group of individuals, including the Town of Deerfield or any agency thereof, which utilizes the services of two or more individual employees.
SMOKING
Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weeds, plants or other combustible substance in any manner or in any form.
TOWN
The Town of Deerfield.
VENTILATION SYSTEM
A mechanical system to remove tobacco smoke and exchange inside air by bringing in fresh air. Particulate air cleaners or filtration systems are not considered a ventilation system.
WORKPLACE
Any enclosed area of a structure or portion thereof at which two or more employees perform services for their employer but not including lobbies of buildings open to the public, areas where smoking is regulated under the provisions of § 162-1 of this article or within the personal residence of the employer.
D. 
It shall be unlawful for any person to smoke in any workplace in the Town of Deerfield except in smoking areas designated in a written policy governing smoking in such workplace. Each employer who operates a workplace in the Town shall establish and post such a written policy governing smoking in such workplace and file a copy of said policy with the Board. Such policy shall be readily available for viewing by said employer's employees, and the employer shall provide a copy of such policy to any such employees upon request. Smoking shall be prohibited in all areas of the workplace, except as provided for in Subsection E of this § 162-2 of this article.
E. 
The policy may allow the employer to designate specific enclosed areas in which employees may smoke; provided, however, that nonsmoking areas of comparable size and capacity and with comparable amenities are available and provided that physical barriers and/or ventilation systems are used which prevent the infiltration of environmental tobacco smoke into nonsmoking areas. Areas designated smoking and nonsmoking must be conspicuously marked. The policy must protect the rights of all employees to clean, breathable air free of environmental tobacco smoke. No individual shall be refused employment in the Town because he or she does not want to breathe environmental tobacco smoke in the workplace.
F. 
In drafting the policy governing smoking in the workplace, each employer shall make a reasonable effort to determine the needs of his employees located in such workplace relative to the required policy. An employer may satisfy this requirement of this § 162-2 of this article by utilizing one or more of the following procedures in establishing a policy: a joint committee of labor and management; interviews with employees; written questionnaires completed by employees; any other appropriate method which allows for broad employee participation.
G. 
Each employer shall within six months of the effective date of this § 162-2 of this article adopt and implement a policy governing smoking in the workplace or workplaces operated by such employer in the Town. Employers not in existence or not covered by this § 162-2 of this article at the date of its adoption shall have 90 days from date this § 162-2 of this article does apply to them in which to adopt and implement the required policy.
H. 
Each employer shall review and revise if necessary its policy governing smoking in its workplace or workplaces in the Town not later than 12 months after the original implementation of the policy, and not less than every two years thereafter.
I. 
Each employer or other person having control of premises upon which smoking is prohibited by this § 162-2 of this article, or the agent or designee of such person, shall conspicuously display upon the premises an appropriate number of "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it).
J. 
It shall be unlawful for any employer or other person having control of premises upon which smoking is prohibited by this § 162-2 of this article, or the agent or designee of such person, to permit a violation of this § 162-2 of this article.
K. 
Nothing in this § 162-2 of this article shall be construed to require smoking areas. A policy which prohibits smoking throughout a workplace shall always satisfy the requirement that a smoking policy be established, but shall not exempt the employer from the other provisions of this § 162-2 of this article.
L. 
Employers found not to be in compliance with the provisions of this § 162-2 of this article shall be subject to a fine of $50 for each seven-day period of noncompliance.
M. 
As an alternative to initiating criminal proceedings, violations of this § 162-2 of this article may be enforced in the manner provided in MGL c. 40, § 21D, by the Board or its designees. Any fines imposed under the provisions of this § 162-2 of this article shall enure to the Town of Deerfield for such use as the Town may direct. Any citizen who desires to register a complaint under this § 162-2 of this article may initiate enforcement with the Board of Health.
N. 
Severability. If any subsection or provision of this § 162-2 of this article is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining subsection or provisions being in force.
[Adopted 4-29-1996 ATM, Art. 42]
Whereas there exists conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes, irritations to the eyes, nose and throat; and whereas at least 1/2 of all smokers begin smoking before the age of 18; and whereas an estimated 3,000 minors begin smoking every day in the United States; and whereas nicotine in tobacco has been found by the Surgeon General to be a powerfully addictive drug; and whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major problem; and whereas a Town article requiring proof of age in order to purchase tobacco products is necessary in order to restrict the access of minors to tobacco products in the interest of public health; now, therefore, it is the policy of the Town of Deerfield to discourage minors from experimenting with tobacco and to make tobacco products less accessible to minors.
For the purposes of this article, the following words shall have the meanings respectively ascribed to them by this section:
BOARD
The Board of Health of the Town of Deerfield.
FREESTANDING DISPLAY
Any display of tobacco products which is so located such that said products are accessible to customers without assistance from an employee or store personnel.
MINOR
Any individual who is under the age of 18.
PERSON
A person, employer, employee, retail store manager or owner or the owner or operator of any establishment engaged in the sale of tobacco products.
TOBACCO PRODUCT
Cigarettes, cigars, chewing tobacco, pipe tobacco, snuff or tobacco in any of its forms.
TOWN
The Town of Deerfield.
VENDING MACHINE
Any automated, self-service device which, upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.
A. 
No person shall sell tobacco products or permit the same to be sold to a minor.
B. 
Notice of state law. No person shall sell or permit the sale of tobacco products unless the location at which the tobacco products are available for purchase is posted with a notice which is clearly visible to anyone purchasing such products and which states: "Massachusetts state law prohibits the sale of tobacco products to any person under the age of 18 years of age. See MGL c. 270, § 6." Said notice shall be that notice provided by the Massachusetts Department of Public Health and available from the Board.
C. 
Identification. A person selling tobacco products shall request and examine identification from any purchaser suspected of being a minor and shall positively establish the purchaser's age as 18 years or older before allowing the purchase. The following shall constitute positive identification: a valid Massachusetts driver's license, or a certified birth certificate along with a picture identification card, or two other similar forms of identification, one of which shall be a picture identification card.
A. 
No person shall sell or otherwise distribute tobacco within the Town without first obtaining a tobacco sales permit issued by the Board. The sale or free distribution of individual or loose cigarettes is prohibited. The sale of tobacco products by means of a freestanding display is prohibited.
B. 
An application for a tobacco sales permit shall be filed by each person required to comply with this section no later than 60 days following the effective date of this article.
C. 
The fee for an initial tobacco sales permit shall be determined by the Board based on the cost of administering the permit process. All such permits shall be renewed annually on the anniversary of the effective date of this article. The annual renewal fee shall be determined by the Board based on the actual cost of administering the permit renewal process.
D. 
Each tobacco sales permit shall be displayed on the premises in a conspicuous place.
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. Furthermore, no person shall sell or otherwise distribute a cigarette or other tobacco product to a minor.
No person shall distribute or sell tobacco products by the use of a vending machine.
A. 
A person who violates the provisions of § 162-6A of this article shall be subject to a fine of $100 for each violation. Every day or part thereof in which a person engages in conduct prohibited by § 162-6A of this article shall constitute a single and separate violation.
B. 
A violation of any provision of this article other than § 162-6A shall be subject to a fine of $50 for the first offense, $100 for the second offense and $200 for the third and subsequent offense. The tobacco permit holder shall be assessed a fine according to the schedule stated in this subsection for each violation of any provision of this article, other than § 162-6A, occurring on the premises governed by the permit. In the event of a sale or free distribution of tobacco product to a minor made by an employee of the permit holder, such employee shall also be subject to a fine in accordance with the schedule stated in this subsection. In addition, three violations of this article within three years, calculated from the date of the first offense, by the same permit holder shall be cause for revocation or suspension of the tobacco sales permit, pursuant to § 162-9C of this article.
C. 
The Board shall revoke a tobacco sales permit granted pursuant to this article upon determination that a permit holder has committed three violations within three years, calculated from the date of the first offense. The Board shall provide notice to the permit holder of the intent to suspend or revoke a tobacco sales permit, which notice shall contain the reasons therefor and establish a time and date for a hearing, which date shall be no earlier than seven days after the date of said notice. The permit holder shall have an opportunity to be heard at such hearing and shall be notified of the Board's decision, and the reasons therefor, in writing. All tobacco products shall be removed from the premises upon suspension or revocation of the tobacco sales permit. Failure to remove all tobacco products shall constitute a separate violation of this article. A permit holder whose permit has been revoked may not apply for a new permit prior to the expiration of one calendar year following the date of revocation.
D. 
As an alternative to initiating criminal proceedings, violations of this article may be enforced in the manner provided in MGL c. 40, § 21D, by the Board or its designees. Any fines imposed under the provisions of this article shall enure to the Town of Deerfield for such use as the Town may direct.
If any paragraph or provision of this article is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining section being in force.