PARRIS N. GLENDENING, Governor                            H.B. 132

(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.

5-314.

(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:

A.      is not a restaurant or hotel as defined in Article 2B, § 1-102
of the Code;

B.      possesses an alcoholic beverages license issued under Article
2B of the Code that allows consumption of alcoholic beverages on the premises of the
establishment; and

C.      is generally recognized as a bar or tavern;

3.       a bar in a hotel or motel;

4.       a club as defined in Article 2B, § 1-102 of the Code that
possesses an alcoholic beverages license issued under Article 2B of the Code and that
allows consumption of alcoholic beverages on the premises of the club;

5.       in the case of a restaurant as defined in Article 2B, § 1-102
of the Code[;]:

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

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