PARRIS N. GLENDENING, Governor                                S.B. 860

(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
VOLUNTEER 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.

(4) 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.

(D) (1) After a public hearing and with the approval of the Advisory Committee
on Wage and Hour Law, the Commissioner may adopt regulations that are necessary to
carry out Title 3, Subtitle 4 of this article.

(2) Unless the Commissioner provides otherwise, a regulation that the
Commissioner adopts under this subsection takes effect on publication.

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