<?xml version='1.0' encoding='utf-8'?>
<section number="19-131" name="Smoking prohibited" law="code" slug="sec-19-131" node_id="PTIITI17PULOLAPRGECOMA_SUBTITLE_19PO_DIV3SMEADRES_S19-131SMPR">
  <level label="a">
    <text>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.</text>
  </level>
  <level label="b">
    <text>Smoking is not prohibited by this Section in the bar and dining area of an eating and drinking establishment that:</text>
    <level label="1">
      <level label="A">
        <text>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;</text>
      </level>
      <level label="B">
        <text>Has an alcoholic beverages license issued to private clubs under the State alcoholic beverages law; and</text>
      </level>
      <level label="C">
        <text>Allows consumption of alcoholic beverages on its premises; or</text>
      </level>
    </level>
    <level label="2">
      <text>Is licensed pursuant to Section 6-201(r)(13) of the State alcoholic beverages law.</text>
    </level>
  </level>
  <level label="c">
    <text>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.</text>
  </level>
  <level label="d">
    <text>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.</text>
  </level>
</section>
