§ 19-131. Smoking prohibited.

(a)

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.

(b)

Smoking is not prohibited by this Section in the bar and dining area of an eating and drinking establishment that:

(1)

(A)

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;

(B)

Has an alcoholic beverages license issued to private clubs under the State alcoholic beverages law; and

(C)

Allows consumption of alcoholic beverages on its premises; or

(2)

Is licensed pursuant to Section 6-201(r)(13) of the State alcoholic beverages law.

(c)

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.

(d)

Smoking is not prohibited by this Section in a retail tobacco business as defined by Section 27-107.01(a)(202.1) 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.

(CB-68-2005; CB-34-2015; CB-20-2017)