Health Department

Section 1 _ PURPOSE AND AUTHORITY

The Southborough Board of Health finds that tobacco use by minors and involuntary exposure to environmental tobacco smoke ( ETS ) poses a severe health risk. These regulations are made pursuant to Chapter 111 of the Massachusetts General Laws,
Section 31, to prevent illegal sales of tobacco to minors and to minimize exposure of ETS in public places.

Section 2 _ DEFINITIONS

As used in this regulation:

Bar Area of Restaurant means 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.

Bar/Lounge means any freestanding establishment that is primarily dedicated to the serving of alcoholic beverages for the consumption of guests on the premises and in which the serving of food is only incidental to the consumption of such beverages.

Business means any sole proprietorship, partnership, joint venture, corporation or other business entity, including retail establishments where goods or services are sold as well as professional corporations and other entities where services are delivered.

Employee means any individual who performs services for an employer in return for wages or profit or who performs services as a volunteer.

Municipal Building means any building owned, leased, or occupied by the Town of Southborough.

Municipal Vehicle means any vehicle owned or under the control of the Town of Southborough, including but not limited to police, fire, DPW vehicles that are assigned to departments that work out of the Town Hall.

Non_Profit Agency means any individual, partnership, corporation, or other entity that provides goods or services on a not_for_profit basis.

Public Place means an enclosed indoor area that is used by or otherwise accessible by the general public, including bar/lounges.

Smoking means inhaling or exhaling smoke, burning, or carrying any lighted tobacco product.

Workplace means any establishment where employees normally frequent during the course of employment, including, but not limited to, work areas, employee lounges, rest rooms, conference and classrooms, employee cafeterias, and hallways.

APPLICATION OF THIS REGULATION TO PUBLIC PLACES means an indoor area or the interior of a building, or the area within 15 feet of an entranceway to a building accessible to the general public or municipal employees, and including but not limited to the following facilities:

auditoriums;
automobile sales rooms, dealerships, repair shops, and service stations;
bank and automatic teller machine (ATM) lobbies;
bars and lounges;
bus (es) and other public transportation vehicles, municipal vehicles;
clinics and other health care facilities;
clubs, rooms, and halls when used for public meetings or gatherings;
common areas of apartment buildings and condominiums;
elevators accessible to the public;
funeral homes;
game arcades;
gasoline stations;
grocery stores, supermarkets, and convenience stores;
halls and rooms used for public meetings or gatherings;
hallways accessible to the public;
hair salons, barber shops and cosmetology establishments;
health and fitness centers;
indoor sports arenas;
indoor stairwells accessible to the public laundromats;
libraries;
licensed child care locations, including child care homes;
municipal buildings;
museums and galleries;
nursing homes;
places of public worship;
public rest rooms;
retail food establishments;
retail stores;
schools and other educational facilities;
theaters or other facilities used for a stage production, play, lecture, musical
recital, or other similar performance, except when smoking is part of said
performance;
video rental stores;
the area within fifteen (15) feet of an entranceway accessible to the public,
except that this shall not apply to a smoker transiting through such fifteen (15)
foot area nor to a smoker approaching an entranceway with the intention of
extinguishing a tobacco product.

Restaurant means any coffee shop, cafeteria, sandwich stand, private or school cafeteria, and any other eating establishment including bar areas of dining establishments 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.

Smoking means the lighting of any cigar, cigarette, pipe or other tobacco product.

Workplace means the enclosed area where (2) or more employees perform services for their employer, including but not limited to conference rooms, elevators, crawlspaces, closets, basements and attics, employee lounges, entrances, hallways, rest rooms and stairway.

Section 3 _ PROHIBITION OF SMOKING IN PUBLIC PLACES

Smoking or the use of any tobacco product is prohibited in all public places within the Town of Southborough.

It shall be unlawful for any owner, manager or person in charge of a public place covered by these regulations, to permit or for his other agent or designee to permit any violation of this regulation.

The owner, operator, manager, or person in charge of any public place shall prevent smoking by requiring patrons or others who may be smoking to refrain from smoking or to leave the premises and to use any legal means that may be appropriate and reasonable to enforce this regulation.

Board of Health agents may, upon witnessing a person in possession of a burning tobacco product in a public place, issue a fine of $100.00 to that person.

In the case of the first violation of Section 3, the owner, manager or person in charge shall be fined one hundred dollars ($100.00). In the case of the second violation of Section 3 within a twelve (12) month period, the owner, manager, or person in charge shall be fined two hundred dollars ($200.00). In the case of three or more violations of Section 3 within a twelve (12) month period, the owner, manager or person in charge shall be fined three hundred dollars ($300.00) for each violation.

Section 4 _ PROHIBITION OF SMOKING IN RESTAURANTS

Smoking in restaurants, including bar areas of restaurants is prohibited.

A sign must be conspicuously posted identifying the restaurant/bar as a smoke-free establishment.

It shall be unlawful for any owner, operator, manager, or person in charge of any workplace to permit, or for his or her agent or designee to permit, a violation of
this regulation. Owners, operators, managers, or person in charge must ask patrons to refrain from smoking or to leave the premises, using any legal means, which may be appropriate and reasonable to enforce this regulation.

In the case of the first violation of Section 4, the owner, manager or person in charge shall be fined one hundred dollars ($100.00). In the case of the second violation of Section 4 within a twelve (12) month period, the owner, manager or person in charge shall be fined two hundred dollars ($200.00). In the case of three or more violations of Section 4 within a twelve (12) month period, the owner, manager or person in charge shall be fined three hundred dollars ($300.00) for each violation.

The Board of Health shall provide written notice to the permit holder of the intent to suspend or revoke a food establishment permit. The notice shall contain the reasons for the suspension or revocation and establish a date and time for a hearing. The date of the hearing shall be no earlier than seven (7) days after the date of notice. The permit holder shall have an equal opportunity to be heard and shall be notified of the Board of Health’s decision and reasons in writing.

SEVERABILITY

If any provision of these regulations is declared invalid or unenforceable, the
other provisions shall not be affected thereby but shall continue in full force and
effect.

Section 5 – PROHIBITION OF SMOKING IN THE WORKPLACE

The Southborough Board of Health finds that involuntary exposure to environmental tobacco smoke (ETS) poses a severe health risk therefore smoking in workplaces is prohibited.

Smoking is prohibited in all municipal vehicles.

It shall be unlawful for any owner, operator, manager, or person in charge of any workplace to permit, or for his or her agent or designee to permit a violation of this regulation.

In the case of the first violation of Section 5, the owner, manager, or person in charge shall be fined one hundred dollars ($100.00). In the case of the second violation of Section 5 within a twelve-month period, the owner, manager or person in charge shall be fined two hundred dollars ($200.00). In the case of three or more violations of Section 5 within a twelve-month period, the owner, manager, or person in charge shall be fined three hundred ($300.00) for each violation.

Section 6 _ VARIANCES

A. Written application must be made to the Board of Health for a variance from these regulations.
B. Every variance is subject to a public hearing. Notice of a hearing, upon an original application for a variance, shall be posted as part of a public notice of the Board of Health meeting, at which the Board of Health will consider the application. The notice shall be posted not less than one week before the meeting.
C. By vote of a majority of its full authorized membership, the Board of Health may vary the application of any provision of these regulations with respect to any particular case in which, in the Board’s opinion, both of the following requirements are fulfilled:

1. The enforcement of the regulations would do manifest injustice.
2. The applicant has proved that the degree of protection of the public health, safety and welfare can be achieved without strict application of the particular provision. The alternative means of protection shall be detailed and documented by the applicant to the satisfaction of the Board.

D. Any variance granted by the Board shall be in writing.
E. A variance may be granted up to one year and extended for like periods upon submission of a renewal application.
F. A copy of the variance granted under this section shall be available for public inspection on the premises for which it is issued. G. Variances are not transferable.
H. No new applications will be accepted after February 28, 2002, however, businesses that were in existence at the time of the adoption of the regulations will be allowed to request a variance.

EFFECTIVE DATE

These regulations shall be effective as of September 1, 2001.

Section 7 _ INSPECTIONS / ENFORCEMENT

The Board of Health may enforce this regulation through periodic inspections conducted by the Board of Health or its enforcement officer(s) or designee(s).

Chairman ___________________
Mr. Philip G. Mauch

Member ___________________ Date________________________
Dr. Timothy Stone Board of Health
Southborough, Massachusetts
Member ____________________
Ms. Suzanne H. Traini