Except as otherwise specified in this subtitle, smoking is prohibited in: any enclosed area to or in which the public is invited or permitted; or any enclosed area that is part of a place of employment. Ord. 07-392

This subtitle does not apply to the following: any part of a private residence that is not open to the public for business purposes, except as required by COMAR 13A.14.01. a private vehicle. a sleeping room in a hotel or motel, as long as that hotel or motel maintains at least 75% of all its sleeping rooms as smoke-free. smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. smoking as an integral part of a religious ceremony. smoking at an analytical or educational laboratory as an integral part of scientific research into the health effects of smoke. smoking that is permitted in a hospital, nursing home, or other health care facility under State Health-General Article, § 24-205. Ord. 07-392

This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section. A retail tobacco establishment qualifies under this section only if it:derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and prohibits the entry of minors at all times. In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances. A hookah lounge qualifies under this section only if it:meets the criteria listed in State law; derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories; has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and prohibits the presence of minors at all times. Ord. 07-392 Ord. 18-124

This subtitle does not apply to the use of electronic smoking devices in a business establishment in which: the primary activity is the retail sale of electronic smoking devices, accessories, and related products; the sale of other products is incidental; and the entry of minors is prohibited at all times. Ord. 14-310

In this section, the following terms have the meanings indicated. “Restaurant” means a business establishment that:is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and might or might not also serve alcoholic beverages. “Tavern” means a business establishment that:is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and might or might not also serve food. This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be. The notification required by this section must be provided both:by a prominently posted notice, at least 17" x 22", that is clearly readable by all patrons on entry to the establishment; and by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons. The tenor of the notices must be substantially as follows: “This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}.” Ord. 14-310

This subtitle does not apply to the use of electronic smoking devices in a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. Ord. 14-310

On written application, the Commissioner may grant a waiver from the application of a specific provision of this subtitle, if the applicant for the waiver establishes that:compliance with that provision would cause undue financial hardship; or other factors exist that would render compliance unreasonable. The Commissioner may impose conditions or restrictions on the waiver as necessary or appropriate to:minimize the adverse effects of the waiver on individuals involuntarily exposed to second-hand smoke; and ensure that the waiver is consistent with the purposes of this subtitle. Ord. 07-392

In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of:an environmental citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 40 {“Environmental Control Board”}; or a civil citation as authorized by City Code <cite data-path="|1">Article 1</cite>, Subtitle 41 {“Civil Citations”}. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. Ord. 07-392

Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. Any employer or other person in charge who violates a provision of this subtitle or who knowingly allows a violation is subject to a civil fine of not more than $750 for each offense. It is an affirmative defense that the employer, other person in charge, or an agent of the employer or other person in charge:posted a “No Smoking” sign at each entrance used by the public; and removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and in a bar or restaurant:refused to seat or serve any person who smoked where smoking is prohibited; and if the person continued to smoke after an initial warning, asked the person to leave the establishment. Each day that a violation continues is a separate offense. Ord. 07-392 Ord. 10-340