PARRIS N. GLENDENING, Governor                                    Ch. 5

(II) BE ESTABLISHED WITHOUT ANY REQUIREMENTS TO MODIFY
THE STRUCTURAL OR ATMOSPHERIC CONDITIONS OF THE AREAS OF THE
ESTABLISHMENT.

(1) (I) NOTWITHSTANDING ANY REGULATIONS ADOPTED BY THE
COMMISSIONER MAY NOT PROPOSE OR ADOPT ANY REGULATION THAT RESTRICTS
UNDER THIS SECTION, THE SMOKING OF TOBACCO PRODUCTS IS PERMITTED IN ANY
OF THE FOLLOWING LOCATIONS UNLESS RESTRICTED AS AUTHORIZED UNDER
PARAGRAPH (3) OF THIS SUBSECTION:

1. ANY PORTION OF A PRIVATE RESIDENCE WHICH IS NOT
OPEN TO THE PUBLIC FOR BUSINESS PURPOSES;

2. ANY ESTABLISHMENT THAT:

A. IS NOT A RESTAURANT OR HOTEL AS DEFINED IN
ARTICLE 2B, § 1-102 OF THE CODE AND THAT;

B. POSSESSES AN ALCOHOLIC BEVERAGES LICENSE ISSUED
UNDER ARTICLE 2B OF THE CODE THAT ALLOWS CONSUMPTION OF ALCOHOLIC
BEVERAGES ON THE PREMISES OF THE ESTABLISHMENT; AND

C. IS GENERALLY RECOGNIZED AS A BAR OR TAVERN; OR

3. 3. A BAR IN A HOTEL OR MOTEL; OR

4.        A CLUB AS DEFINED IN ARTICLE 2B, § 1-102 OF THE CODE
AND THAT POSSESSES AN ALCOHOLIC BEVERAGES LICENSE ISSUED UNDER ARTICLE
2B OF THE CODE AND THAT ALLOWS CONSUMPTION OF ALCOHOLIC BEVERAGES ON
THE PREMISES OF THE CLUB;

5.        IN THE CASE OF A RESTAURANT AS DEFINED IN ARTICLE 2B,
§ 1-102 OF THE CODE;

A. IF THE RESTAURANT DOES NOT POSSESS AN ALCOHOLIC
BEVERAGES LICENSE ISSUED UNDER ARTICLE 2B OF THE CODE, A SEPARATE ENCLOSED
ROOM NOT TO EXCEED 40% OF THE TOTAL AREA OF THE RESTAURANT; OR

B. IF THE RESTAURANT POSSESSES AN ALCOHOLIC
BEVERAGES LICENSE ISSUED UNDER ARTICLE 2B OF THE CODE, A BAR OR BAR AREA, A
SEPARATE ENCLOSED ROOM NOT EXCEEDING 40% OF THE RESTAURANT, OR A
COMBINATION OF A BAR OR BAR AREA AND A SEPARATE ENCLOSED ROOM NOT
EXCEEDING 40% OF THE TOTAL AREA OF THE RESTAURANT INCLUDING THE BAR OR
BAR AREA;

6.        UP TO 40% OF THE SLEEPING ROOMS IN A HOTEL OR MOTEL;

7.       A SEPARATE ENCLOSED ROOM OF AN ESTABLISHMENT
OTHER THAN AN ESTABLISHMENT SPECIFIED IN ITEMS 1 THROUGH 6 OF THIS
SUBPARAGRAPH THAT POSSESSES AN ALCOHOLIC BEVERAGES LICENSE ISSUED UNDER
ARTICLE 2B OF THE CODE THAT ALLOWS CONSUMPTION OF ALCOHOLIC BEVERAGES ON
THE PREMISES OF THE ESTABLISHMENT; OR

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