Ch. 5

1995 LAWS OF MARYLAND

(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

(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;

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