Eating and drinking establishment shall mean any business for which a use and occupancy permit is required or has been obtained for a food or drinking establishment pursuant to Subtitles 4 and 27. Person shall mean any person, firm, partnership, association, corporation, company or organization of any kind. Smoking or to smoke shall mean the act of smoking or carrying a lighted or smoldering cigar, cigarette, cigarillo, or pipe or lighting a cigar, cigarette, cigarillo, or pipe of any kind. Electronic cigarette shall mean any electronic device that can be used to deliver nicotine or other substance to the person inhaling from the device, including, but not limited to, an electronic cigarette, cigar, cigarillo, or pipe, or any cartridge or other component of the device or related product.

It shall be unlawful for any person to smoke or use an electronic cigarette in any eating and drinking establishment open to the public except as provided in (b) below. Smoking is not prohibited by this Section in the bar and dining area of an eating and drinking establishment that: Is a club as defined in the State alcoholic beverages law and has a valid use and occupancy permit issued by the Department of Permitting Inspection and Enforcement; Has an alcoholic beverages license issued to private clubs under the State alcoholic beverages law; and Allows consumption of alcoholic beverages on its premises; or Is licensed pursuant to Section 6-201(r)(13) of the State alcoholic beverages law. Use of an electronic cigarette is not prohibited by this section 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. Smoking is not prohibited by this Section in a retail tobacco business as defined by Subtitle 27 of the County Code, where a food and beverage area are incidental, provided that it complies with the standard for ventilation of such a facility as defined under Subtitle 4 of the County Code.

Signs either allowing or prohibiting smoking shall be displayed conspicuously by the owner or person having control of the eating or drinking establishment at each entrance to the premises. If prohibited by this section, the appropriate signs shall contain symbols or language that smoking is prohibited and that violators are subject to a Two Hundred Dollar ($200.00) fine.

The owner or person in control of an eating or drinking establishment where smoking is prohibited by this Division must refuse to serve or seat any person who smokes where smoking is prohibited and must ask the person to leave the establishment if the person continues to smoke after an initial warning. Any person found guilty of refusing to comply with a request to cease smoking shall be guilty of a misdemeanor which shall be punishable by a fine not to exceed Two Hundred Dollars ($200.00). An owner or person in charge of an eating or drinking establishment found guilty of the following specific violations shall be guilty of a misdemeanor and shall be punished by a fine not to exceed One Thousand Dollars ($1,000.00) and costs: Failure to post appropriate signs as provided in this Division. Failure to comply with Subsection (a) of this Section.

The County Executive shall adopt and promulgate reasonable and necessary rules and regulations for the implementation, administration and enforcement of this Division.