(A) Smoking shallbe prohibited in an enclosed indoor space of a membership association during the time that the space is:

1. (1) open to the public. A membership organization shallbe regarded as open to the public when it has signs or advertising inviting or encouraging non-members to enter the premises or takes other action that may reasonably be regarded as inviting or allowing non-members to enter the premises;

2. (2) occupied by a non-member who is not a guest. A non-member shall be regarded as a guest if entering the premises:

   1. (a) accompanied by a member, provided the member remains on the premises while the guest is present; and
   2. (b) signing a guest register that clearly specifies the name and address of the guest and the inviting member;
3. (3) rented from the association for a fee or other compensation; or
4. (4) occupied by a contract employee, temporary employee or independent contractor.

(B) Smoking may be permitted if the premises are occupied solely by the following:

1. (1) members of the association. A person shall not be regarded as a member if entering the premises under terms of a membership that differ in duration, cost or privileges from the terms of a full membership in the association;
2. (2) one or more salaried employees of the association;
3. (3) invited guests of the members, as determined in accordance with 105 CMR 661.100(A); and
4. (4) visiting members of an affiliated chapter or branch of a fraternal lodge organization.

(C) Smoking may be permitted in a distinct part of the premises of a membership association, provided that this part:

1. (1) is physically separated from any area open to the public or occupied by a non-member who is not a guest. The separation shallbe sufficient to prevent any migration of smoke into the public area. Any doors separating the areas shall be self closing;
2. (2) is occupied solely by those persons specified in 105 CMR 661.100(B). The membership association shall adopt and effectively implement a policy that ensures only such persons are permitted to enter the part of the premises where smoking is permitted; and
3. (3) there are no signs inviting or encouraging the public or non-members who are not guests to enter.