PARRIS N. GLENDENING, Governor

Ch. 5

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

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

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