Ch. 5                                            1995 LAWS OF MARYLAND

(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

(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.
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall bo construed
retroactively and shall be applied to and interpreted to affect the enforcement of any
regulations, including COMAR 09.12.23.01 through .05, that have been proposed or
adopted by the Secretary of Licensing and Regulation or the Commissioner of the
Division of Labor and Industry that address the smoking or possession of tobacco
products in establishments affected by this Act.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act is not intended to
preempt the authority of a county or municipal corporation to enact any law or ordinance that
is more restrictive of smoking in establishments open to the public in which smoking is
permitted under Section 1 of this Act.

SECTION 3. AND BE IT FURTHER ENACTED, That this Act is an emergency
measure, is necessary for the immediate preservation of the public health and safety, has
been passed by a yea and nay vote supported by three-fifths of all the members elected to
each of the two Houses of the General Assembly, and shall take effect from the date it is
enacted.

Approved March 27, 1995.

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