Ch. 5

1995 LAWS OF MARYLAND

8. UP TO 40% OF THE PREMISES OF A FRATERNAL, RELIGIOUS,
PATRIOTIC, OR CHARITABLE ORGANIZATION OR CORPORATION OR FIRE COMPANY OR
RESCUE SQUAD THAT IS SUBJECT TO THE AUTHORITY OF THE SECRETARY DURING AN
EVENT THAT THE ORGANIZATION OR CORPORATION HOLDS ON ITS OWN PROPERTY AND
WHICH IS OPEN TO THE PUBLIC.

(II) THE PROHIBITION ON REGULATIONS UNDER SUBPARAGRAPH
(I)2 AND 3, 3, AND 4 OF THIS PARAGRAPH APPLIES ONLY TO THE AREA IN WHICH
ALCOHOLIC BEVERAGES MAY BE CONSUMED.

(2) THE COMMISSIONER MAY ADOPT REGULATIONS TO PROHIBIT THE
SMOKING OF TOBACCO PRODUCTS IN SPECIFIED AREAS OF A FRATERNAL,
RELIGIOUS, PATRIOTIC, OR CHARITABLE ORGANIZATION OR CORPORATION OR
FIRE COMPANY OR RESCUE SQUAD THAT IS SUBJECT TO THE AUTHORITY OF THE
COMMISSIONER AND THAT HOLDS AN EVENT OPEN TO THE PUBLIC ON ITS OWN
PROPERTY WHILE THE EVENT IS OCCURRING IF THE REGULATIONS DO NOT
REQUIRE:

(I) THAT LESS THAN 50% NOR MORE THAN 60% OF THE PREMISES
BE SUBJECT TO THE SMOKING PROHIBITION; OR

(II) THAT THE STRUCTURAL OR ATMOSPHERIC CONDITIONS OF
THOSE PREMISES BE MODIFIED.

(3) THE COMMISSIONER MAY ADOPT REGULATIONS TO PROHIBIT THE
SMOKING OF TOBACCO PRODUCTS IN SPECIFIED AREAS OF A RESTAURANT AS
DEFINED IN ARTICLE 2B, § 1-102 OF THE CODE THAT POSSESSES AN ALCOHOLIC
BEVERAGES LICENSE ISSUED UNDER ARTICLE 2B OF THE CODE, A HOTEL, OR A
MOTEL, IF THE REGULATIONS DO NOT REQUIRE:

(I) THAT LESS THAN 50% NOR MORE THAN 60% OF THE PREMISES
OF THE RESTAURANT, OR LESS THAN 50% NOR MORE THAN 60% OF THE HOTEL OR
MOTEL ROOMS BE SUBJECT TO THE SMOKING PROHIBITION; OR

(II) THAT THE STRUCTURAL OR ATMOSPHERIC CONDITIONS OF
THE AREAS OF THE RESTAURANT, HOTEL, OR MOTEL BE MODIFIED.

(II) A SEPARATE ENCLOSED ROOM IN WHICH SMOKING IS PERMITTED
UNDER SUBPARAGRAPH (I) OF THIS PARAGRAPH IS NOT REQUIRED TO HAVE A
SPECIALLY MODIFIED VENTILATION SYSTEM FOR THE ROOM.

(2) FOR THE PURPOSES OF PARAGRAPH (1)(I)5B OF THIS SUBSECTION, "BAR
OR BAR AREA" MEANS AN AREA WITHIN A RESTAURANT THAT IS DEVOTED TO THE
SERVING OF ALCOHOLIC BEVERAGES FOR CONSUMPTION BY GUESTS ON THE PREMISES
AND IN WHICH THE SERVING OF FOOD IS INCIDENTAL TO THE CONSUMPTION OF THE
ALCOHOLIC BEVERAGES, AND THE IMMEDIATELY ADJACENT SEATING AREA.

(4) (3) NOTWITHSTANDING THE PROVISIONS OF THIS SUBSECTION:

(I), A PROPRIETOR OF AN ESTABLISHMENT DESCRIBED IN
PARAGRAPH (1) OF THIS SUBSECTION MAY RESTRICT OR PROHIBIT SMOKING ON
THE PREMISES OF THE ESTABLISHMENT; AND

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