Maryland State Statutes - Maryland Attorney Directory

(b) Before a unit in the Department publishes a proposed regulation under § 10-112 of the State Government Article, the unit shall submit the proposed regulation to the Secretary.

(2) Within 30 days after submission of a proposed regulation on a regulatory, supervisory, quasi-judicial, disciplinary, or enforcement function of a unit, the Secretary may disapprove the proposed regulation but only if the Secretary finds that it:

(i) would discourage competition within a regulated occupation or profession;

(ii) would unfairly restrict entry of applicants into a regulated occupation or profession; or

(iii) otherwise is contrary to the public interest.

(3) The Secretary may disapprove or revise any other proposed regulation.

(d) (1) (i) Notwithstanding any regulations adopted by the Secretary 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 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.

(2) For the purposes of paragraph (1)(i)5B of this subsection, "bar or bar area" means an area within a restaurant that is devoted to the serving of alcoholic beverages for consumption by guests on the premises and in which the serving of food is incidental to the consumption of the alcoholic beverages, and the immediately adjacent seating area.

(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.

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