1983-03-07 to 1983-05-16-ATM-min

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a (Annual Town Meeting - April 4, 1983.) 215a Article 18. (Article 18 as set forth in the article: (Cont.) (Cont.) The board of health shall adopt rules and regulations necessary and reasonable to implement the provisions of this section of the by -law. Nothing in this section shall make lawful smoking in any area in which smoking is or may hereafter be prohibited by law. or act in any other manner in relation thereto.) Mr. Doran gave a short explanation of the article. 10:17 P.M. James W. Lambie, Chairman of the Board of Health, voiced the support of the Board on this article and added, that if adopted, the Board of Health would adopt rules and regulations for implementation. He did say that the Health Department would not be able to monitor on a day to day basis. 10:19 P.M. Mary W. Miley urged passage of this motion and said that it had the support of the Board of Health, Board of Selectmen, Council on Aging and the League of Women Voters. 10:22 P.M. George E. Foote, after speaking in favor, asked that Dr. Julian L. Pearlman be recognized. Dr. Pearlman, as a physician for children, spoke from the balcony in support of the motion. 10:27 P.M. James F. Crain voiced the unanimous support of the Board of Selectmen. 10:27 P.M. Motion as presented by Mr. Doran declared adopted unanimously. 10:27 P.M. (Motion as adopted under Article 18: (As MOTION: That Article XXVI of the General By -Laws of the Town of adopted) Lexington be amended by adding a new Section 7 thereto: (Approved CLEAN INDOOR AIR by Atty. Gen., Section 7. As used in this section, "smoking" means the lighting August of or the having in ones possession of any lighted cigar, cigarette, 10, 1983. pipe or other tobacco product. Advertised in Lexington As used in this section "restaurant" means a restaurant with a Min. Man, seating capacity of fifty (50) or more persons. The term "restaurant" September does riot include company cafeterias. 1 and 8, No person shall smoke in any restaurant except in specifically 1.983.) designated smoking areas. This prohibition does not apply in cases in which an entire room or hall is used for a private social function and seating arrangements are under the control of the sponsor of the function and not of the proprietor or person in charge of the restaurant. Smoking areas may be designated by proprietors or other persons in charge of restaurants, except in places in which smoking is prohibi- ted by the fire marshall or by other law or regulation. Smoking areas designated by proprietors or other persons in charge of restau- rants shall comprise no more than seventy -five (75) percent of the seating capacity of the restaurant. Where smoking areas arc desig- nated, existing physical barriers and ventilation systems shall be used to minimize the toxic effect of smoke on persons in adjacent no- smoking areas. In the case of restaurants consisting of a single room, the provisions of this by -law shall be considered met if one side of the room is reserved and posted as a no- smoking area, pro- vided that the no- smoking area comprises no less than twenty -five (25) percent of the seating capacity of the restaurant. The proprietor or other person in charge of a restaurant shall make reasonable efforts to prevent smoking in the no- smoking areas of the restaurant by: (a) posting appropriate signs; (b) arranging seating to provide a smoke -free area; (c) asking smokers to refrain from smoking upon request of a customer or employee suffering discomfort from the smoke; or