Maryland Labor and Employment Section 5-314
§ 5-314.
(a) Except as provided in subsection (c) of this section, and notwithstanding any other provision of this subtitle but subject to the limitations on emergency adoption in Title 10, Subtitle 1 of the State Government Article, the Commissioner may adopt immediately an emergency occupational safety and health standard that the Commissioner determines is needed to protect employees from the grave danger of:
(1) a new hazard; or
(2) exposure to an agent or circumstance determined to be toxic or physically harmful.
(b) An emergency occupational safety and health standard adopted under this section remains in effect until the earlier of:
(1) expiration of a period that the Joint Committee on Administrative, Executive, and Legislative Review sets;
(2) expiration of a period, not exceeding 6 months, that the Commissioner sets; or
(3) replacement of the emergency occupational safety and health standard by another regulation.
(c) (1) (i) Notwithstanding any regulations adopted by the Commissioner 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.
