Board debates definition of 'establishment' and private-club smoking in local tobacco rules

Board members debated proposed changes to the local regulation that governs smoking and other smoke-product consumption, focusing on whether the ordinance’s definition of "establishment" could lead to enforcement in private residences and how private clubs and hookah use fit under state law.

"I feel it is important to define establishment clearly or as not to infringe upon the private rights of our citizens, residents of Lawrence," said Speaker 5, a board member who proposed adding a definition. The speaker urged adding language to exclude private residences: "I would like definition to be established and referred to any business organization or public institution upon the general public subject to MGL C 2 70 S 22. So I really want to defend, the ability to separate private and public." (Speaker 5)

Why it matters: Board members cautioned that vague definitions could create enforcement problems, could inadvertently allow fines for activity in private homes, and could conflict with state law governing private clubs.

Details and discussion

Several board members and counsel questioned the proposed language. A fellow board member (Speaker 6) said the definition as written raised concerns and recommended further review of state law and local consequences: "I think that, we need to look more into what the state law says, what the local regulation says, and find the best definition for the purpose that you have." (Speaker 6)

Speakers discussed private clubs and state exemptions. Speaker 6 noted state rules that allow some smoking at member-only areas of private clubs if strict criteria such as segregation and signage are met; at the same time the local regulation had previously distinguished hookah smoking over infectious-disease concerns: "At that time, the reason the original concerns were that, are the spread of disease. People showing the tips... They're sharing the hoses. They're sharing the tips and spreading hepatitis b.…