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Martin O'Malley, Governor
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Ch. 502
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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 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.
(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.
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- 3317 -
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