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Departments: Board of Health

T0bacco/Smoking Regulations

TOWN of HINGHAM
REGULATION
“PROHIBITING SMOKING in WORKPLACES and PUBLIC PLACES”

Section 1. Authority:
This regulation is adopted under the authority of MGL chapter 111, section 31, and MGL chapter
270, section 22(j).

Section 2. Statement of Purpose:
Whereas conclusive evidence exists that smoking and exposure to tobacco products causes various forms of cancer, respiratory and cardiovascular diseases, adverse birth outcomes, irritations to the eyes, nose and throat, and other maladies; and whereas smoking is recognized as a drug delivery mechanism that can result in the indiscriminate exposure of the general public to a drug which is known to impair human health; and to promote a tobacco-free and drug-free lifestyle for the youth of our community; the Hingham Board of Health establishes this regulation to protect the health and welfare of the inhabitants, employees, and visitors within the Town of Hingham relative to workplaces and public places.

Section 3. Definitions:
For the convenience of this regulation, the following definitions may contain an abbreviated version of a corresponding definition within MGL chapter 270, § 22(a). In all instances, the full statutory definition shall also apply in addition to any abbreviated version listed below.
Employee: Any person who performs services for an employer.
Employer: A person, partnership, association, corporation, trust, or other organized group of individuals, including the Town of Hingham or any agency thereof, which utilizes the services of one (1) or more employees.
Enclosed: A space bounded by walls, with or without windows, continuous from the floor to the ceiling and enclosed by doors, including, but not limited to, offices, rooms and halls.
Membership Association: A not-for-profit entity that has been established and operates for a charitable, philanthropic, civic, social, benevolent, educational, religious, athletic, recreation or similar purpose, and is comprised of members who collectively belong to:

1. a society, organization or association of a fraternal nature that operates under the lodge system, and having one (1) or more affiliated chapters or branches incorporated in any state; or
2. a corporation organized under Massachusetts General Laws Chapter 180; or
3. an established religious place or worship or instruction in the town of Hingham whose real or personal property is exempt from taxation;
4. a veterans organization incorporated or chartered by the Congress of the United States, or otherwise, having one (1) or more affiliated chapters or branches incorporated in any state.

Public Places: Any building, facility or vehicle owned, leased, operated or occupied by the Commonwealth of Massachusetts or Town of Hingham, including courtrooms or courthouse; school buildings and grounds; any enclosed area open to the general public including, but not limited to, bars, restaurants, retail stores, retail food stores, supermarkets, libraries, museums, theaters, banks, laundromats, indoor sports arenas, auditoriums, inn/hotel/motel lobbies, private and public educational facilities, shopping malls, museums, common areas of residential buildings, public restrooms, lobbies, staircases, halls, exits, entrance ways, elevators accessible to the public, public transportation conveyances and indoor and outside platforms, open meetings of a governmental body as defined in section 11A of chapter 30A, section 23A of chapter 39 and section 9F of chapter 34, and licensed child-care locations.
Retail Tobacco Store: An establishment whose primarily purpose is to sell or offer for sale tobacco products and tobacco paraphernalia, in which the sale of other products is merely incidental and neither possesses nor is required to possess a retail food permit.
Smoking: Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, pipe, or other tobacco or non-tobacco product (including but not limited to clove and marijuana) in any form.
Smoking Bar: An establishment that primarily is engaged in the retail sale of tobacco products for consumption by customers on the premises and is required by Mass. General Law Ch. 270, §22 to maintain a valid permit to operate a smoking bar issued by the Massachusetts Department of Revenue.
Tobacco Products: Includes, but is not limited to, cigarettes, cigars, pipe tobacco, chewing tobacco, and snuff.
Town: The municipality of the Town of Hingham
Workplace: Any enclosed area of a structure or portion thereof at which one (1) or more employees perform services for their employer.

Section 4. Smoking Prohibited:

1. It shall be the responsibility of the Employer to provide a smoke-free environment for all Employees working in an Enclosed Workplace in Hingham.
2. Smoking shall be prohibited in all Workplaces, private and public, in Hingham.
3. Smoking shall be prohibited in all indoor and outdoor food service areas in Hingham
4. including, but not limited to, restaurant decks and patios, take-out establishment tables and benches, and in any place where food or drink is sold to the public and consumed on the premise.
5. Smoking shall be prohibited in all Public Places in Hingham.
6. Smoking and the use of Tobacco Products shall be prohibited in any vehicle, building, or school grounds owned, operated or leased by the Town.
7. Smoking and the use of Tobacco Products shall be prohibited in all Town-owned playgrounds, parks and recreational facilities, including the recreational facilities at the South Shore Country Club. This includes both indoor and outdoor areas, unless specifically excluded within Section 6 of this regulation.
8. A twenty (20) foot radius “No Smoking” buffer zone shall exist outside of each entrance of all buildings owned, operated, leased or occupied by the Town.
9. Smoking is prohibited within all Enclosed spaces used by any Membership Association in Hingham.
10. Smoking shall be prohibited within all Retail Tobacco Stores in Hingham.
11. Smoking Bars shall be prohibited in Hingham.

Section 5. Posting Notice of Smoking Prohibition:
An owner, Employer, or person having control of a premises in Hingham where Smoking is prohibited 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). These signs shall be comparable in size to the sign provided by the Massachusetts Department of Public Health, which are available from the Hingham Board of Health.

Section 6. Exceptions:
Notwithstanding the provisions of this regulation, the Smoking of tobacco products may be permitted in Hingham in the following places and/or circumstances:

1. Private residences, except those portions used as a childcare or health care office when operating as such.
2. A guest room in a hotel, motel, inn, bed and breakfast or lodging home rented to guests that are designated as “smoking rooms”.
3. The tees, fairways, and greens at the Hingham South Shore Country Club.
4. An outdoor location where the public may gather that is under Federal or State jurisdiction, which has a policy on smoking accepted by the Board of Health.
5. An outdoor location where the public may gather that is owned and under the control of a Membership Association, which has a policy on smoking accepted by the Board of Health.
   

Section 7. Enforcement:
A. The Hingham Board of Health and its designees, including the Hingham Police Department shall enforce this regulation.
B. Any person may register a complaint to initiate an investigation with the Board of Health.

Section 8. Violations:

1. An Employer, owner, manager, or other person in control of a building, vehicle or vessel who violates this regulation, in a manner other than by Smoking in a place where smoking is prohibited, shall be punished by a fine of:
   (1) $100 for the first violation;
   (2) $200 for a second violation occurring within 2-years of the date of the first offense;
   (3) $300 for a third or subsequent violation occurring within 2-years of the previous offence.
   Each calendar day on which a violation exists may be considered a separate offense.
   
2. An individual or person who violates this regulation by Smoking in a place where smoking is prohibited, shall be subject to a civil fine of $100 for each violation.

Section 9. Severability:
Each provision of this regulation shall be considered as separate to the extent that if any section, item, sentence, clause, or phrase is determined to be invalid for any reason, the remainder of this regulation shall continue in full force and effect.

Section 10. Conflict with Other Laws or Regulations:
Notwithstanding the provisions of the foregoing Section 4 of this regulation, nothing in this regulation 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 regulations.

Section 11. Effective Date:
These regulations were adopted on February 26, 2009.
These regulations shall be effective as of April 1, 2009.

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Regulations of the Hingham Board of Health
Sale of Tobacco Products to Minors

A. Statement of Purpose:

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 more than eighty percent of all smokers begin smoking before the age of eighteen years (Centers for Disease Control and Prevention, "Youth Surveillance - United States 2000," 50 MMWR 1 (Nov. 2000); and whereas nationally in 2000, sixty nine percent of middle school age children who smoke at least once a month were not asked to show proof of age when purchasing cigarettes (Id.); and whereas the U.S. Department of Health and Human Services has concluded that nicotine is as addictive as cocaine or heroin; and whereas despite state laws prohibiting the sale of tobacco products to minors, access by minors to tobacco products is a major problem; now, therefore it is the intention of the Hingham Board of Health to curtail the access of tobacco products by minors.

B. Authority:

This regulation is promulgated pursuant to the authority granted to the Hingham Board of Health by Massachusetts General Laws Chapter 111, Section 31 that "Boards of Health may make reasonable health regulations"

C. Definitions:

For the purpose of this regulation, the following words shall have the following meanings:Business Agent: An individual who has been designated by the owner or operator of any establishment to be the manager or otherwise in charge of said establishment.Employee: Any individual who performs services for an employer.Employer: Any individual, partnership, association, corporation, trust or other organized group of individuals, including Hingham or any agency thereof, which uses the services of one (1) or more employeesMinor: Any individual who is under the age of eighteen (18).Permit Holder: Any person engaged in the sale or distribution of tobacco products directly to consumers who applies for and receives a tobacco sales permit or any person who is required to apply for a tobacco sales permit pursuant to these regulations, or his or her business agent. Person: An individual, employer, employee, retail store manager or owner, or the owner or operator of any establishment engaged in the sale or distribution of tobacco products directly to consumers.Self Service Display: Any display from which customers may select a tobacco product without assistance from an employee or store personnel, excluding vending machines.Tobacco Product: Cigarettes, cigars, chewing tobacco, pipe tobacco, bidis, snuff or tobacco in any of its forms.

Vending Machine: Any automated or mechanical self service device, which upon insertion of money, tokens or any other form of payment, dispenses cigarettes or any other tobacco product.

D. Tobacco Sales to Minors Prohibited:

1. No person shall sell tobacco products or permit tobacco products to be sold to a minor; or not being the minor's parent or legal guardian, give tobacco products to a minor.In conformance with and in addition to Massachusetts General Law, Chapter 270, Section 7, a copy of Massachusetts General Laws, Chapter 270, Section 6, shall be posted conspicuously by the owner or other person in charge thereof in the shop or other place used to sell tobacco products at retail. The notice shall be provided by the Massachusetts Department of Public Health and made available from the Hingham Board of Health. The notice shall be at least 48 square inches and shall be posted conspicuously by the permit holder in the retail establishment or other place in such a manner so that it may be readily seen by a person standing at or approaching the cash register.  The notice shall directly face the purchaser and shall not be obstructed from view or placed at a height of less than four (4) feet or greater than nine (9) feet from the floor. Identification: Each person selling or distributing tobacco products shall verify the age of the purchaser by means of government-issued photographic identification containing the bearer's date of birth that the purchaser is 18 years old or older. Verification is required for any person under the age of 27.
2. All retail sales of tobacco must be face-to-face between the seller and the buyer

E. Tobacco Sales Permit:

1. No person shall sell or otherwise distribute tobacco at retail within Hingham without first obtaining a tobacco sales permit issued annually by the Hingham Board of Health.As part of the tobacco sales permit application process, the applicant will be provided with the Hingham Board of Health regulation. Each applicant is required to sign a statement declaring that the applicant has read said regulation and that the applicant is responsible for instructing any and all employees who will be responsible for tobacco sales regarding both state laws regarding the sale of tobacco and this regulation.Each applicant is required to provide proof of a current tobacco sales license issued by the Massachusetts Department of Revenue before a tobacco sales permit can be issued.The fee for a tobacco sales permit shall be determined by the Hingham Board of Health annually. All such permits shall be renewed annually. A separate permit is required for each retail establishment selling tobacco.Each tobacco sales permit shall be displayed at the retail establishment in a conspicuous place.No tobacco sales permit holder shall allow any employee to sell cigarettes or other tobacco products until such employee reads this regulation and state laws regarding the sale of tobacco and signs a statement, a copy of which will be placed on file in the office of the employer, that he/she has read the regulation and applicable state laws.A tobacco sales permit is non-transferable, except a new permit will be issued to a retailer who changes location.
2. Issuance of a tobacco sales permit shall be conditioned on an applicant's consent to unannounced, periodic inspections of his/her retail establishment to ensure compliance with this regulation.

F. Free Distribution:

No person shall distribute, or cause to be distributed, any free samples of tobacco products.             

 G. Out-of-Package Sales:

No person may sell or cause to be sold or distribute or cause to be distributed, any cigarette package that contains fewer than twenty (20) cigarettes, including single cigarettes.

H. Self Service Displays:

All self-service displays of tobacco products are prohibited. All humidors including, but not limited to, walk-in humidors must be locked.

I.  Tobacco Vending Machines:

All tobacco vending machines are prohibited

J. Violations:

1. It shall be the responsibility of the permit holder and/or his or her business agent to ensure compliance with all sections of this regulation pertaining to his or her distribution of tobacco. The violator shall receive:
   1. a. In the case of a first violation, a fine of one hundred dollars ($100.00).b. In the case of a second violation within (24) months of the date of the current violation, a fine of two hundred dollars ($200.00) and the tobacco sales permit shall be suspended for seven (7) consecutive business days.
   2. c. In the case of three or more violations within a (24)-month period, a fine of three hundred dollars ($300.00) and the tobacco sales permit shall be suspended for thirty (30) consecutive business days.
2. Refusal to cooperate with inspections pursuant to this regulation shall result in the suspension of the tobacco sales permit for thirty (30) consecutive business days.  In addition to the monetary fines set above, any permit holder who engages in the sale or distribution of tobacco products directly to a consumer while his or her permit is suspended shall be subject to the suspension of all board of health issued permits for thirty (30) consecutive business days.The Hingham Board of Health shall provide notice of the intent to suspend a tobacco sales permit, which notice shall contain the reasons therefore and establish a time and date for a hearing which date shall be no earlier than seven (7) days after the date of said notice. The permit holder or its business agent shall have an opportunity to be heard at such hearing and shall be notified of the Board of Health's decision, and the reasons therefore in writing. The Hingham Board of Health after a hearing, may suspend the tobacco sales permit. All tobacco products shall be removed from the retail establishment upon suspension of the tobacco sales permit.  Failure to remove all tobacco products shall constitute a separate violation of this regulation.
3. Any permit holder who does not pay the assessed fine within twenty-one days from fine issuance may be subject to criminal proceedings.

 K. Enforcement:

Enforcement of this regulation shall be by the Board of Health of Hingham or its designated agent(s).

Any citizen who desires to register a complaint pursuant to the regulation may do so by contacting the Board of Health of Hingham or its designated agent(s) and the Board shall investigate.

L: 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.

M. Effective Date:

This regulation shall take effect on July1, 2003.