2014 Massachusetts General Laws
PART IV CRIMES, PUNISHMENTS AND PROCEEDINGS IN CRIMINAL CASES
TITLE I CRIMES AND PUNISHMENTS
CHAPTER 270 CRIMES AGAINST PUBLIC HEALTH
Section 23 Flea markets; smoking prohibition; penalty
Section 23. (a) As used in this section, “flea market” shall mean that portion of a building then occupied by one or more vendors, other than retail stores, for sale to the public of new or used goods or products on a seasonal, limited or full schedule of operation. No person shall smoke in any building used for the purpose of operating a flea market, except as otherwise provided in this section. The owner, manager or other person in charge of such a building, shall post a notice in a conspicuous place at each entrance to such building indicating that smoking is prohibited therein, except in an area specifically designated as a smoking area. An area shall be designated as a smoking area only if nonsmoking areas of sufficient size and capacity are available to accommodate nonsmokers and if smoke from said smoking area is prevented from entering the no smoking area.
(b) Except as otherwise provided herein, no person shall smoke in any snack bar operated in conjunction with a flea market, except in such designated smoking area as may be provided. Said smoking area shall be physically separated from the no smoking area and separately ventilated to the outside to prevent smoke from entering the no smoking area. The owner, manager or other person in charge of a snack bar shall not permit the smoke from such smoking area to be vented to the no smoking area.
(c) The owner, manager or other person in charge of such snack bar shall post a notice or sign in a conspicuous place at each entrance to such snack bar indicating that smoking is prohibited therein except in specifically designated areas, shall post signs identifying the no smoking area and the smoking area, and shall make a reasonable effort to insure that no person shall smoke in a no smoking area. Said reasonable effort shall include, but not be limited to, requesting that a person smoking in a no smoking area to either extinguish his cigarette, cigar or pipe, or move to a designated smoking area.
(d) Any person aggrieved by the willful failure or refusal to comply with any of the provisions of this section may complain in writing to a local health officer in the case of a snack bar or to the local building inspector in the case of all other facilities described in this section. Said authority shall respond in writing within 15 days to the complainant that the area described in the complaint has been inspected and said authority has enforced the provisions of this section. Said authority shall file a copy of the original complaint and its response thereto with the department of public health.
(e) No employer shall terminate or otherwise discriminate against any employee, independent contractor, or other worker for refusing to work in a smoking area or for exercising his rights under this section.
(f) Any person who violates this section by smoking where smoking is prohibited shall be subject to a civil fine not exceeding $25. Any person who violates this section in any way other than by smoking in an area where smoking is prohibited shall be subject to a civil fine of $50. Each day during which a violation of this section occurs shall be considered a separate violation.
(g) Fines assessed pursuant to this section shall be payable to the city or town in which the violation of this section occurs. A local board of health or health department shall enforce this section through noncriminal disposition.
(h) A city or town may, by ordinance or by-laws, establish a fund for the disposition of revenues received from fines levied in accordance with the provisions of this section. Said fund shall be expended under the authority of the municipal health department or local board of health for the purpose of public education on the hazards posed by secondhand smoke, also known as environmental tobacco smoke.
(i) Nothing in this section shall be construed to permit smoking in any area in which smoking is prohibited by law, including, without limiting the generality of the foregoing, any other provision of the law or ordinance or any fire, health, or safety regulation. This section shall not pre-empt the authority of any city or town to enact any ordinance, by-law or any fire, health, or safety regulation that limits or prohibits smoking in any place.
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