PARRIS N. GLENDENING, Governor H.B. 132
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; OR
9. UP TO 40% OF A PREMISES SUBJECT TO THE AUTHORITY
OF THE SECRETARY WHERE A GAME OF BINGO IS BEING CONDUCTED FOR PROFIT
AND THAT IS OPEN TO THE PUBLIC.
(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 (l)(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.
(3) Notwithstanding the provisions of this subsection, a proprietor of an
establishment described in paragraph (1) of this subsection may restrict or prohibit
smoking on the premises of the establishment.
Article - Labor and Employment
2-106.
(c) (1) (i) Notwithstanding any regulations adopted by the Commissioner
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:
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