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<br /> Motion made to dispense with reading of article. restrooms, lobbies, staircases, halls, exits, entrances,
<br /> elevators accessible to the public and licensed child-
<br /> Motion to dispense with reading of article passes at care locations.
<br /> 10:43 p.m.
<br /> Public Transportation: Buses, taxis, and other means
<br /> Motion passes at 10:43 p.m. of transportation available to the general public while
<br /> ARTICLE 34 such means of transportation is operating within the
<br /> "To see if the Town will vote to amend the Code of the boundaries of the town including indoor platforms by
<br /> which such means of transportation may be accessed.
<br /> Town of Mashpee by adding the following Chapter: !;
<br /> Restaurant: Any coffee shop, cafeteria, sandwich °
<br /> Chapter _. Prohibition of Smoking in Certain shop,private and public school cafeteria and other eat-
<br /> Places within the Town of Mashpee ing establishment which gives or offers food for sale to
<br /> r
<br /> Section 1. Definitions. the public, guests, or employees for on-premises con- p
<br /> sumption, as well as kitchens in which food is pre- ;4
<br /> As used in this chapter: pared on the premises for serving elsewhere,including
<br /> Board: The Board of Health of the Town of Mashpee. catering facilities. i
<br /> Bar: An establishment whose business is devoted to Retail Food Store: Any establishment commonly
<br /> the serving of alcoholic beverages for consumption by known as a supermarket, grocery store,bakery or con-
<br /> guests on the premises and in which the serving of venience store in which the primary activity is the sale [
<br /> food is only incidental to the consumption of such of food items to the public for off-premises consump- f
<br /> beverages. (Incidental food is limited to prepackaged tion.
<br /> snack foods and food that only requires minimum Retail Store: Any establishment whose primary pur-
<br /> preparation.) pose is to sell or offer for sale to consumers,but not for
<br /> Employee: Any person who performs services for an resale, any goods, wares, merchandise, articles or
<br /> employer. other things, including retail food stores. "Retail
<br /> store" shall not include restaurants as defined herein.
<br /> Health Care Facility: Any office or institution provid-
<br /> ing care or treatment of diseases, whether physical, Smoking: Inhaling, exhaling, burning or carrying any
<br /> mental or emotional, or other medical, physiological lighted cigar,cigarette,or other tobacco product in any
<br /> or psychological conditions including but not limited form.
<br /> rehabilitation hospitals or other clinics, including Town: Town of Mashpee.
<br /> weight control clinics, nursing homes, homes for the
<br /> aging or chronically ill, laboratories, offices of any Work Place: Any enclosed area of a structure or por-
<br /> surgeon, chiropractor, physical therapist, physician, tion thereof at which one (1) or more employees per-
<br /> dentist and all specialists within these professions. form services for their employer.
<br /> Indoor Sports Arena: Any sports pavilions, gymnasi- Section 2. Notice of Prohibition.
<br /> ums, health spas, boxing arenas, swimming pools, Every person having control of premises upon which
<br /> roller and ice rinks, bowling alleys and other similar smoking is prohibited by and under the authority of
<br /> recreational facilities where members of the general this chapter shall conspicuously display upon the
<br /> public assemble either to engage in physical exercise,
<br /> participate in athletic competition, or witness sports premises No Smoking" signs provided by the
<br /> Massachusetts Department of Public Health and avail-
<br /> events. able from the Mashpee Board of Health.
<br /> Person: Any person, firm, partnership, association, Section 3. Smoking Prohibited.
<br /> corporation, company or organization of any kind +'
<br /> z!
<br /> including, but not limited to an owner, operator, man- No person shall smoke nor shall any person,employer,
<br /> ager proprietor or person in charge of any building, or other person having control of the premises upon
<br /> establishment,business, or restaurant or retail store, or which smoking is prohibited by this chapter, or the
<br /> the agents or designees of the foregoing. agent or designee of such person, permit a person to
<br /> r,
<br /> smoke in any of the following places as defined,
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<br /> Public Place: Any building or facility owned, leased, herein: bars, health care facilities, public places, pub-
<br /> operated or occupied by the municipality, including lic transportation, restaurants, retail stores, and work
<br /> school buildings or grounds; any area open to the gen-
<br /> places except as otherwise provided in Section 4 of
<br /> eral public including, but not limited to, libraries, this chapter.
<br /> museums, theaters, auditoriums, indoor sports arenas,
<br /> and/or recreational facilities,inns,hotel and motel lob- Additionally, no person shall smoke in any place in
<br /> bies, educational facilities, shopping malls, public which a sign conforming to the requirement of Section
<br /> 63
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