SECTION 202-1 ~ PURPOS E In order to protect the hea lth, safety and welfare of the public, including but its younger Population, not limited to by restricting the sale of and public exposure to tobacc cigarette products know o and en to be related to var ious and serious health cancer, this by-law shall lim con dit ion s such as it and restrict the sale of and public exposure to tob cigarette products within acco and ethe Town of Bellin gham, SECTION 202-2 — DEFINI TIONS a, Tobacco - Any product con taining, made, or derived from tobacco that is intend for human consumption, whether smoked, chewed, ed abs orb ed, dissolved, inhaled, sno sniffed, or ingested by any oth rted, er means, including, but not limited to: cigarettes, cigars, cigars, chewing tobacco, pip little e tobacco or snuff. “Tobac co” doe s not include any product has been approved by the that United States Food and Dru g Administration either use cessation product or for as a tob acc o other medical purposes and which is being marketed or prescribed solely for and sold the approved purpose, b, E-Cigarette ~ Any electroni c nicotine delivery produc t composed of a mouthpiec heating element, battery, e, and/or electronic circuits that provides a vapor of liq to the user or relies on vapori uid nic oti ne zation of solid nicotine or any liquid, with or without nicoti This term shall include suc ne. h devices whether they are manufactured as e-cigarettes e-pipes, hookah pens, or , e-cigars, under any other product name. c. Smoking - Lighting of, or hav ing in one's possession any lighted cigarette, cigar, pipe or other tobacco product or non-tobacco product design ed to be combusted and inhaled. The activation of or inhalation of vapor from an e-cigarette shall be considered smoking this by-law, under a. Tobacco Vending Machine - A mechanical or electrical tobacco or e-cigarette produc device which dispenses ts by self-service, with or wit hout assistance by a clerk or operator. e, Self-Service Display — Any dis £. Minor - A person under twenty -one years of age, play from which customers cigarette products without may select a tobacco or eassistance from an employee or store personnel, g. Employee - An individual who performs services for an employer, h, Employer - An individual, partnership, association, organized group of individua corporation, trust or other ls that utilizes the services of one (1) or more employees . i. Workplace - An indoor are a, structure or facility or a portion thereof, at which more employees perform one or a service for compensation for the employer, other enc losed Spaces rented to or otherwise used by the public, where the employer has the right or authority to exercise control over the spac e, 5. Food Service Estab lishme nt - An establishment having one or more seats at which food is served to the public k. Health Care Institution - An individu al, partnership, association, corpor or any person or group of persons ation or trust that provides health care services and employs health care providers licensed, or subject to lice nsing, by the Massachusetts Depart ment of Health under M.G.L. c, 112, Health care institution includes hospitals, clin ics, health centers, pharmacies, drug stores and doctors’ and dentists’ offices. 1. Entity - any Single individual, group of individuals, corporation, institution, employer, association, partnership, firm or any other legal entity whe ther public or private. m. Educational Institution - any publ ic or private college, normal scho ol, professional school, scientific or technical institut ion, university or other institution furn ishi of higher education. ng a program n, Retail Establishment - any store that sells goods or articles of personal services to the public. °. Blunt Wrap - Any tobacco produc t manufactured or packaged as a wrap or as a hollow tube made wholly or in part from tobacco that is designed or inte nded to be filled by the consumer with loose tobacco or other fillers. Pp. Characterizing flavor - A distingu ishable taste or aroma, other than the taste or aroma of tobacco, imparted or dete ctable either prior to or during con sum pti on ofa tobacco or e-cigarette products or compon ent part thereof, including, but not limited to, tastes or aromas relating to any fruit, choc olate, vanilla, honey, candy, coco a, dessert, alcoholic beverage, herb or spice; provided, however, that no tobacco product shall be determined to q. Component part - Any element of a tobacco or e-cigarette products, including, but not limited to, the tobacco, filter and paper, but not including any constitu ent. =. Constituent - Any ingredient, subs tance, chemical or compound, othe r than tobacco, water or reconstituted tobacco shee t, that is added by the manufacturer to a tobacco or ecigarette products during the proc essing, manufacturing or packag ing of the tobacco or ecigarette products. Such term Shal l include a smoke constituent, s. Distinguishable - Perceivable by either the sense of smell or taste. t. Smoke Constituent - Any chemical or chemical comp secondhand tobacco smoke ound in mainstream or that either transfers from any component of the tobacc cigarette product to the smo o or eke or that is formed by the combustion or heating of tob additives or other component acco, of the tobacco or e-cigarette product. u. Flavored tobacco or e-cigarette product - Any tobacco pro component part thereof tha duct or e-cigarette t contains a constituent tha t has or produces a characterizi flavor. A public statement, cla ng im or indicia made or disseminated by the manufa tobacco or e-cigarette Produc cturer of a ts, or by any person aut horized or permitted by the manufacturer to make or dis seminate public statements con cerning such tobacco or ecigarette products, that such tobacco or e-cigarette products has characterizing flavor shall con or produces a stitute presumptive evidence that the tobacco or e-cigaret products is a flavored tobacc te o or e-cigarette products, v. Retail tobacco store - An est ablishment that is not requir ed to possess a retail food permit whose primary purpos e is to sell or offer for sale but not for resale, tobacco and/or cigarette products and tobacc eo paraphernalia, in which the sale of other products is merely incidental, and in which the entry of persons under the min imum legal sales age is prohib at all times, and maintains a ited valid permit for the retail sale of tobacco products as requir to be issued by the Bellingha ed m Board of Health. Ww. Cigar - Any roll of tobacco that is wra pped in leaf tobacco or in any sub tobacco with or without a stance containing tip or mouthpiece not otherw ise defined as a cigarette Massachusetts General Law, under Chapter 64C, Section 1, Paragr aph 1, SECTION 202-3 — REGULA TED CONDUCT a. Public Places no person shall smoke in any rooms or interior areas in which the pub includes, but is not limited lic is permitted. This to, any food service establish ment, health care institution, classroom, lecture hall, museum , motion pictur e theater, school, day care area, waiting room, restroom facility, reception or lavatory, retail Store, ban k (including ATMs), hair sal or barber shops and meetings ons of government agencies open to the public, (2) Licensed Inns, Hotels, Motels and Lodging Houses in the Town of Bellingham provide smoke-free common must areas. Licensed Inns, Hotels and Motels in the Town Bellingham must designate of 100% ofindividual dwelling units or rooms as non-smoki ng. (3) The use of tobacco or e-c igarette products by minors or school personnel is prohib or upon any public sidewalk ited in or other public property loc ated within four hundred (400 Bellingham School grounds, ) feet of (4). Such signage shall be erected to notify the public of the smoking prohibition and the areas affected thereby, b. Workplaces (1) Smoking in workplaces is prohibited. (2) Notwithstanding subsection (1), smoking may be permitted in private residences; except during such time when the residence is utilized as part of a business as a group childcare center, school age child care center, school age day or overn ight camp, or a facility licensed by the department of early educa tion and care or as a health care related office or facility. (3) Every establishment in which smoking is permitted pursuant to this by-law shall designate all positions where the employee’s presence in an area in which smoking is permitted to be "smoking positions." The estab lishment shall notify every applicant for employment in a smoking position, in writing, that the position may cause continuous exposure to secondhand smoke, which may be hazardous to the employee’s health. (4) No establishment in which smoking is permi tted pursuant to this by-law may require any employee to accept a designated smoki ng position as a condition of continued employment by the employer. (5) No establishment in which smoking is permitted pursuant to this by-law may discharge, refuse to hire, or otherwise discriminate against any employee or applicant for employme nt by reason of such person's unwillingness to be subjected to secondhand smoke exposure unless the employee has been hired for a designated smoking position and has been so notified in writing at the time of hiring. (6) Itis the intent of this by-law that a designated smoki ng position shall not be considered suitable work for purposes of M.G.L. ¢. 151A, and'that an employee who is required to work in a smoking position shall have good cause attributable to the employer for leavin g work. (7) E-cigarette Usage — Locations Prohibited (1) In addition to the smoking prohibitions set forth in this bylaw, the use of e-cigarettes is further prohibited wherever smoking is prohibited under M.G.L, Chapter 270, Section 22 (the “Smoke-F ree Workplace Law”), and in all locations listed in Section 202-3 of this by-law. The Health Agent and/or their designee(s) shall enforce this section in accordance with Section 202-6. SECTION 202-4 - POSTING REQUIREMENTS: Every person having control of a premise where smok ing is prohibited by this by-law, shall conspicuously display on the premises, including the primary entrance doorways, signs reading "Smoking Prohibited By Law." Posti ng of the international symbol for ''No Smoking" shall be deemed as compliance, tobacco or e-cigarette products. This incl udes all educational institutions as well as any retail establishments that operate on the prop erty of an educational institution. h. Required Signage 1. 2, The owner or other person in charge of an entity authorized to sell tobacco or ecigarette products at retail shall conspicuousl y post signage provided by the Town of Bellingham that discloses current referral information about smoking cessation. The owner or other person in charge of an entity auth orized to sell tobacco or ecigarette products at retail shall conspicuousl y post a sign Stating that “The sale of tobacco or e-cigarette products to someone born on or after 1/1/2004 is prohibited.” The notice shall be no smaller than 8.5 inches by 11 inches and shall be posted conspicuously in the retail establishment in such a manner so that they may be readi ly 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 eight (8) feet from the floor. i. Tobacco Sales 1. No Tobacco Product Sales Permit holder shall allow any employee to sell tobacco or ecigarette products until such employee has received a copy of this by-law and federal and state laws regarding the sale of tobacco and e-cigarette and signs a statement, a copy of which will be placed on file in the office of the employer, that they have read the regulation and applicable state and feder al laws 2, Identification: Each person selling or distr ibuting tobacco products, as defined herein, shall verify the age of the purchaser by means of a valid government-issued photographic identification containing the bearer's date of birth that the purchaser was born prior to 1/1/2004, 3. Allretail sales of tobacco or e-cigarette prod ucts within the Town of Bellingham must be face-to-face betw een the seller and the buyer and occur at the perm itted location. 4, Original Cigar Package Price - All single cigar s shall be sold for no less than two dollars and fifty cents ($2.50). No person shall sell or distribute or cause to be sold or distributed any original factory-wrapped package of two or more cigars, unless such package is priced for retail sale at $5.00 or more, This section shall not apply to a perso n or entity engaged in the business of sellin g or distributing cigars for commercial purposes to.another person or entity engaged in the business of selling or distributing cigars for commercial purposes with the intent to sell or distribute outside the boundaries of Bellingham. 5. No entity shall sell or distribute or cause to be sold or distributed any flavored tobacco or e-cigarette products, except in retail tobacco stores. 6. No entity shall sell or distribut e or cause to be sold or distri buted blunt wraps. SECTION 202-6 - VIOLATIONS AND PENALTIES a. Any person who violates any provision of this by-law, or who smo kes in any area in which a "Smoking Prohibited By Law" sign, or its equivalent, is conspicuo usly displayed, shall be punished by a fine of $100 for each offense, For a first violation of this section, subsequent Violation, the violator and for any may be afforded the option of enro llin g in a smoking cessation/education program app roved by the Health Agent or their designee(s). Proof of completion of such approved Pro gram shall be in lieu of the fines set forth in this Section. b. Any person having control of any premises or place in which smoking is prohibit allows a person to smoke or otherw ed who ise violate this bylaw, shall be pun ished by a fine of $100 for a first offense, $250 for a sec ond offense, and $500 for a third or subsequent offense. ¢. Employees who violate any provisio n of Section 202-3(b) shall be pun ished bya fine of $100 per day for each day of such violation da. Any entity violating any othe r section of this by-law shall rece ive a fine of $500.00 for each offense. e. Violations of this by-law may be dealt with in a noncriminal manner as provided in Part 1 Chapter 1 Article III Section 1-8 of the Town by-laws. £. Each calendar day an entity operates in violation of any provision of this by-law shall be deemed a separate violation, g. No provision, clause or sentence of this section of this by-law shal l be interpreted as prohibiting the Bellingham Heal th Department or a Town dep artment or Board from suspending, or revoking any license or permit issued by and within the jurisdiction of such departments or Board for repeated violations of this by-law. SECTION 202-7 — SEVERABILITY Each provision of this by-law shal l be construed as Separate to the extent that if any section, sentence, clause or phrase is held to be invalid for any reason, the remainder of the by-law shall continue in full force and effe ct.