Environmental Tobacco Smoke Regulations for Resturuants.

Sec. 1. Statement of Purpose: There is conclusive evidence that tobacco smoke causes cancer, respiratory and cardiac diseases, negative birth outcomes and irritations to the eyes, nose and throat. The harmful effects of tobacco smoke are not confined to smokers but also cause severe discomfort and illness to nonsmokers, especially children. Environmental tobacco smoke (ETS), more commonly known as 'secondhand smoke,' includes both exhaled smoke and the side stream smoke from burning cigarettes and causes the death of 53,000 Americans each year. And the Environmental Protection Agency (1993) has designated environmental tobacco smoke to be a Class A carcinogen similar to radon and asbestos with no known safe levels of exposure. In recognition of these facts, the Town of Colebrook, recognizes the right of those who wish to breathe smoke-free air and establishes this regulation to protect and improve the public health and welfare by prohibiting smoking in restaurants.

Sec. 2  Authority:  The regulation is a warrent article on the 2002 Town Warrant of the Town of Colebrook to be submitted to the Colebrook Town meeting on March, 12, 2002.

Sec. 3. Definitions: For the purposes of this regulation, the following terms shall have the meanings respectively ascribed to them by this paragraph:
 

Cocktail Lounge: That portion or specified area of a restaurant, hotel, motel, convention center or resort, whether inside an enclosed area or not, and used primarily to serve liquor or other alcoholic beverages, irrespective of whether or not food is also served there.

Effectively Segregated: An enclosed place separating the no-smoking area from the smoking-permitted area.  For cocktail lounges, up to 30 cubic feet per minute of outdoor air per occupant shall be provided for 100 people per 1,000 square feet.  Room air shall be discharged directly outdoors rather than recirculated.  More air shall be exhausted from the room than is supplied to it.

Employee:  Any individual person who performs services for an employer.

Person: Any person, firm, partnership, association, corporation, company or organization of any kind including, but limited to an owner, operator, manager, proprietor or person in charge of any building, establishment, business, or restaurant or retail store, or the agents or designees of any of the foregoing.   Person in charge shall not include the owner of the property unless he/she is routinely present and controls the day-to-day activities or sets the policy carried out on the premises upon which smoking is prohibited.

Private Club: Places owned by social, fraternal, or religious organizations.

Restaurant: Any enclosed coffee, cafeteria, sandwich stand, private and public school cafeteria and other eating establishment 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: Inhaling, exhaling, burning or possessing any lighted cigar, cigarette, or other tobacco product in any form.

Town:  The Town of Colebrook

Sec. 4. Posting Notice of Prohibition: Every person having control of premises upon which smoking is prohibited by and under the authority of this regulation shall conspicuously display upon the premisis “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.)

Sec. 5. Smoking Prohibited: No person shall smoke nor shall any person, employer or other person in charge of the premises upon which smoking is prohibited by this regulation or the agent or designee of such person, permit or person to smoke in any restaurant.  Additionally, no person shall smoke in any place in which a sign conforming to the requirements of this regulation is posted.   No person shall remove a sign posted under the authority of the preceding paragraph.

Sec. 6. Exemptions for Cocktail Lounges and Private Clubs:

Sec. 6.1 Cocktail lounges, as defined in RSA 175.1, XXIII and licensed pursuant to RSA 178.28, are exempted from this regulation provided that they are effectively segregated from any non-smoking area.  An enclosed place must separate the no-smoking area from the smoking-permited area.  In addition, there must be a continuous, physical barrier such as a wall, partition or furnishing (that spans from the floor to the ceiling) that separates the no-smoking  from a smoking-permitted area.  The barrier may contain doors or portals for exit and entry.

Sec. 6.2  Buildings owned and operated by private clubs when used by the membership of the organization, their guests or families, or when they are rented or leased for private functions from which the public is excluded and arrangements are under the control of the sponsor of the functions and not the organizations are exempted.  Smoking shall be prohibited when said buildings are made available to the general public.

Sec. 7. Conflict with Other Ordinances or Regulations: Notwithstanding the provisions of the foregoing, 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 fire, health or other regulations.

Sec. 8.  Violations: Any person who violates this regulation shall be subject to a fine in the amount of Two Hundred Dollars ($200) for a first offense, Three Hundred Dollars ($300) for a second offense and Five Hundred Dollars ($500) for a third or subsequent offense.  Failure by any person or employer to comply with this ordinance shall be grounds for withholding, suspension or revocation of any food service establishment or other permit required by Colebrook Town Ordinances.  To constitute a violation of Section 5 of this ordinance by a customer or employee the person in charge must first inform the customer or employee that smoking is prohibited.

Sec 9.  Enforcement:

Sec 9.1  Public Health - Food Service Establishment Permit:  Upon application for a food service establishment permit, the applicant shall attest that the restaurant is in compliance with this ordinance.  If the applicant does not attest that it is in compliance with this ordinance no permit may be issued.  The person in charge of the restaurant shall allow access to the restaurant by Health/Inspections Department personnel of the Town of Colebrook to inspect the restaurant for compliance with this ordinance.   Any person in charge attesting on a food service establishment permit application found not to be in compliance with this ordinance is a violation.  Failure to comply with this ordinance shall be grounds for withholding, suspension or revocation of the foods service establishment permit required by the Town of Colebrook Health Ordinance.

Sec 9.2 Investigation:  Any complaint of violation of this ordinance relative to ventilation, signage, physical barriers or related facility non-compliance shall be investigated by the Town of Colebrook Health/Inspections Department.  All other complaints of violation shall be investigated by the Town of Colebrook Police Department.  Any violation requiring a summons shall be served by the Town of Colebrook Police Department.

Sec. 10  Severability: If any paragraph or provision of this regulation is found to be illegal or against public policy or unconstitutional, it shall not affect the legality of any remaining paragraphs or provisions being in force.

Sec. 11 Effective Date:  These regualtions shall be effective three (3) months after passage of the ordinance.