Ch. 5                                            1995 LAWS OF MARYLAND

(II) AN ENTITY DESCRIBED IN PARAGRAPH (2) OF THIS
SUBSECTION AND A PROPRIETOR OF A RESTAURANT, HOTEL, OR MOTEL DESCRIBED
IN PARAGRAPH (3) OF THIS SUBSECTION MAY RESTRICT OR PROHIBIT SMOKING TO
A GREATER EXTENT THAN REQUIRED BY REGULATIONS ADOPTED UNDER THIS
SUBSECTION.

Article - Labor and Employment

2-106.

(a) . The Commissioner shall adopt regulations that govern procedure for boards of
arbitration under Title 4, Subtitle 1 of this article..

(b) [In] EXCEPT AS PROVIDED IN SUBSECTION (C) OF THIS SECTION, AND IN
addition to authority to adopt regulations that is set forth elsewhere, the Commissioner
may adopt regulations that are necessary to carry out:

(1)     Title 3, Subtitle 3 of this article;

(2)     Title 3, Subtitle 5 of this article;

(3)     Title 4, Subtitle 2, Parts I through III of this article;

(4)     Title 5 of this article;

             (5) Title 6 of this article; and

(6) Title 7 of this article;.

(c) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
COMMISSIONER MAY NOT PROPOSE OR ADOPT ANY REGULATION THAT RESTRICTS
THE SMOKING OR POSSESSION OF TOBACCO PRODUCTS IN ANY OF THE FOLLOWING
ESTABLISHMENTS:

(I) ANY ESTABLISHMENTS OR RESTAURANTS THAT POSSESS AN
ALCOHOLIC BEVERAGE LICENSE ISSUED UNDER ARTICLE 2B OF THE CODE;

(II)    BARS;

(III)   TAVERNS;

(IV)   HOTELS; AND

(V)     MOTELS.

(2) THE COMMISSIONER MAY ADOPT REGULATIONS TO PROHIBIT THE
SMOKING OF TOBACCO PRODUCTS IN SPECIFIED AREAS. OF AN ESTABLISHMENT
DESCRIBED IN PARAGRAPH (1) OF THIS SUBSECTION, PROVIDED THAT THE AREAS
OF THE ESTABLISHMENT WHERE SMOKING IS ALLOWED SHALL:

(I) BE ENTITLED TO RECEIVE THE SAME SERVICES, ALLOW THE
SAME ACTIVITIES, AND BE AT LEAST THE SAME AREA SIZE AS THE AREAS IN THE
ESTABLISHMENT THAT PROHIBIT SMOKING; AND

- 354 -