S.B. 860

VETOES

(5)     Title 6 of this article; and

(6)     Title 7 of this article.

(c) (1) EXCEPT AS PROVIDED IN PARAGRAPH (2) OF THIS SUBSECTION, THE
COMMISSIONER MAY. NOT PROPOSE OR ADOPT ANY REGULATION THAT RESTRICTS
THE SMOKING OR POSSESSION OF TOBACCO PRODUCTS IN ANY OF THE FOLLOWING
ESTABLISHMENTS:

(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) THE COMMISSIONER MAY NOT PROPOSE OR ADOPT ANY
REGULATION THAT RESTRICTS THE SMOKING OR POSSESSION OF TOBACCO
PRODUCTS IN ANY OF THE FOLLOWING:

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

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

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 THAT ALLOWS CONSUMPTION OF ALCOHOLIC BEVERAGES ON THE
PREMISES OF THE CLUB.

- 3646 -