Local Tobacco Laws

• Barton
• Cumberland
  • Sec. 15-54: Unless a particular area in a park is designated by the parks and recreation board as being an area where tobacco use is permitted, said designation to be indicated by signage, tobacco use, including smoking and the use of smokeless tobacco products, is prohibited.
  • Sec. 15-55: Violation of any provision of this article is declared to be a municipal infraction, punishable by a fine of up to two hundred fifty dollars ($250.00). If the assessed fine is not paid within the period set forth in the citation and no notice of intent to stand trial for the offense is filed, the city may double the fine, not to exceed a total amount of five hundred dollars ($500.00), pursuant to provisions of Ann. Code of Md. art. 23A. The sanction set forth herein shall not preclude the city from seeking such other and further relief as may be appropriate, including but not limited to, criminal prosecution for the violation of the provisions of this article.
• Frostburg
• Luke
• Lonaconing
• Midland
• Westernport

• Annapolis
  • Sec. 10.12.070: Employees shall not expectorate or use tobacco in any form in rooms in which food is prepared or served.
  • Sec. 11.12.100B: A person may not smoke or carry a lighted pipe, cigar or cigarette on any public passenger motor bus.
  • Sec. 11.12.100C: Smoking is prohibited in all city government buildings.

• Highland Beach

• Hampstead
• Manchester
  • Sec. 130-1: While in a public park or recreation area, all persons shall conduct themselves in a proper and orderly manner, and, in particular, no person shall drop, throw or otherwise scatter lighted matches, burning cigarettes or cigars, tobacco paper or other flammable materials within any park or on any highways, roads or street abutting or contiguous thereto.
  • Sec. 130-6: Violation of this chapter is declared to be a municipal infraction. The penalty for violation shall be $50 for the initial offense and $100 for each repeat offense. Each day that a violation occurs shall be deemed a separate offense.
• Mount Airy
  • Sec. 80-1: Use of tobacco products and tobacco substitute products such as vapor products is prohibited in Town parks, including the Town's Rails to Trails pathways and associated properties, with the exception of specifically designated areas. Violation of this section shall constitute a municipal infraction subject to a fine of $25 for each violation.
  • Sec. 112-12: Sales as a regular course of business or trade with the principal objective of profit (to include by way of Internet, arm's-length or mail-order transactions) of alcohol, tobacco, or firearms shall be permitted if and to the extent otherwise permitted as a use of right or special exception in the Downtown Zone and the Limited Commercial, Community Commercial and Industrial Districts, but shall be prohibited in all other zoning districts.
• New Windsor
• Sykesville
• Taneytown
  • Sec. 153-16: No food, beverages or smoking is allowed within the fenced area of the skate park facility.
• Union Bridge
• Westiminster

The State of Maryland requires all persons who sell or distribute tobacco products and as of 2017, Electronic Nicotine Device Systems (“ENDS”) products, to possess a business license issued by the local county clerks office. In addition to this license requirement, Cecil County requires that all persons, firms, associations, or corporation distributing cigarettes and other tobacco products via vending machine to obtain a license from Cecil County officials for each vending machine.

§ 136-2. License required for tobacco products vending machines.

Every person, firm, association or corporation distributing cigarettes and other tobacco products by means of a vending machine shall obtain a license from the County for each machine, and shall pay annually a fee set by resolution for each license.

Cecil County requires tobacco vending machines and devices to bear a Cecil county-issued tag or sticker.

§ 136-3. Tags and stickers.

Every machine or device required to be licensed under this chapter shall bear a tag or sticker issued by the County.

Cecil County has established civil penalties for failure to obtain a license for a tobacco product vending machine, and failure to display the requisite tag or sticker on the licensed tobacco product machine.

§ 136-4. Display of tags and stickers.

It is unlawful to own, operate, keep, or maintain a machine required to be licensed under this chapter without displaying the required tag or sticker. It is unlawful to maintain an establishment containing a machine required to be licensed under this chapter without displaying a tag or sticker for each machine. The owner of the machine, the proprietor, and the manager of the establishment may be prosecuted for violating the requirement to prominently display a tag or sticker for each machine required to be licensed.

Cecil County has established criminal law penalties for failure to comply with the tobacco vending machine license and tag/sticker requirement.

§ 136-5. Violations and penalties.

Each violation of the provisions of this chapter is a misdemeanor punishable by fine of not more than $1,000 and imprisonment for not more than 90 days for each day of the violation.

Charles County provides the following definitions for purposes of Article I of the Charles County Code, which concerns tobacco products.

§ 127-2. Definitions.

As used in this article, the following terms shall have the meanings indicated:

RETAIL SELLER — The owner or proprietor of a business establishment.

TOBACCONIST ESTABLISHMENT — A retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental.

TOBACCO PRODUCT — Any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.

Maryland law has both civil and criminal penalties for underage tobacco sales. Charles County provides for civil penalties for unlawful display and storage of tobacco products, which is enforced at the local level by the Charles County Health Department.

§ 127-3. Placement of tobacco products by retail sellers.

A retail seller of tobacco products shall not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller. Violation of the provisions of this article shall be a civil infraction subject to the penalties provided herein.

§ 127-4. Exceptions.

This section does not apply to:

A. The sale of any tobacco product from a vending machine that complies with all requirements of state law; or

B. A tobacconist establishment.

Charles County requires state and County agencies to report suspected violations of local tobacco laws to the Charles County Department of Health for further investigation. Individuals are also able to file complaints for alleged violations of tobacco laws with the Charles County Department of Health. If further investigation demonstrates that there has been a violation, the Charles County Department of Health may issue written warnings and civil citations consistent with the violation.

§ 127-5. Enforcement.

A. Any person who desires to report an alleged violation of this article may file a written complaint with the Charles County Department of Health. Upon receipt of a complaint, representatives of the Charles County Department of Health shall inspect the premises and document their findings.

B. If, during routine inspections of retail establishments covered by this subsection, any state or County agency finds that the requirements of this article are not being met, they shall report such noncompliance to the Charles County Department of Health.

C. Written warnings and civil citations for violations of this article shall be issued by representatives of the Charles County Department of Health in accordance with the procedures and requirements pertaining to civil infractions set forth in Article 25B

Charles County has established civil monetary penalties for violations of Section 127-3, which varies depending on the type of infraction and if applicable, number of prior violations.

§ 127-6. Violations and penalties.

Any person who violates any provision of this article shall be guilty of a civil infraction and shall be punished as follows:

A. For the first and second violation, upon a written acknowledgment of the violation by the retail seller, representatives of the Charles County Department of Health shall provide information concerning the requirements of this subsection and issue a written warning. A subsequent violation shall be treated as a first offense.

B. All violations other than those disposed of pursuant to the above subsection shall be punished by a fine in accordance with the following schedule:

. (1)  For a first offense: $100.

. (2)  For a second offense: $200.

. (3)  For a third or subsequent offense: $300.

Charles County provides the following definitions for Article II of Chapter 127 of the Charles County Code, which prohibits smoking indoors.

§ 127-8. Definitions.

In this article, the following words and phrases have the meanings indicated:

EATING AND DRINKING ESTABLISHMENT — Any enterprise that prepares or sells food or drink for human consumption on or off the premises. "Eating and drinking establishment" includes:

A. Any restaurant, coffee shop, cafeteria, short-order cafe, luncheonette, sandwich stand, soda fountain; and

B. Any food service facility in an industry, institution, hospital, club, school, church, catering kitchen, or camp.

NON-RESTAURANT BAR — An establishment in which alcoholic beverages are served for consumption by guests on the premises. Fifty percent or more of annual gross revenues from the entire non-restaurant bar premises shall be realized from the sale of alcoholic beverages in order to qualify as a non-restaurant bar. A non-restaurant bar shall not be located within any portion of a restaurant and shall include no dining area. Non-restaurant bars located in a building with other businesses shall have separate entrances and heating, ventilation and air conditioning (HVAC) systems from such other businesses and shall be separated from all common passageways by solid walls that extend from the floor to the ceiling and solid doors that shall be closed when not in use.

RETAIL STORE — Any establishment employing 20 or more full-time persons whose primary purpose is to sell to consumers any goods, wares, food for consumption off the premises, or merchandise.

SERVICE LINE — Any indoor line at which one or more persons wait for or receive services of any kind, whether or not such service involves the exchange of money.

SMOKE —

A. (When used as a noun): Airborne material, whether visible or not, produced by the burning of tobacco in any form.

B. (When used as a verb): The act of inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, weed, plant, pipe, or other combustible substance in any manner or in any form.

TOBACCONIST ESTABLISHMENT — A retail store utilized primarily for the sale of tobacco products and accessories in which the sale of other products is merely incidental.

All facilities and area owned or leased by Charles County or the Charles County Board of Education must remain smoke-free.

§ 127-9. Applicability to County-owned and leased facilities.

All enclosed facilities and other designated areas owned or leased by Charles County or the Charles County Board of Education shall be smoke-free.

The State of Maryland prohibits smoking in all indoor areas open to the public and all indoor areas of employment, including bars and restaurants. The state statute also permits local governments to adopt more stringent indoor smoking restrictions. Charles County has adopted additional provisions concerning smoking indoors, prohibiting smoking in all enclosed public places in Charles County.

§ 127-10. Smoking prohibited in public places.

Smoking shall be prohibited in all enclosed public places within Charles County including, but not limited to, the following places:

A. Elevator, except elevators in single-family dwellings as provided by state law;

B. Rest rooms;

C. Service lines;

D. Retail stores;

E. All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including, but not limited to, eating and drinking establishments, offices, banks, hotels, and motels;

F. Public areas of aquariums, galleries, libraries, and museums when open to the public;

G. Any building not open to the sky which is used primarily for exhibiting motion pictures, stage, drama, lectures, musical recitals, or other similar performances, except when smoking is part of the stage production;

H. Sports arenas and convention halls; and

I. Every room, chamber, place of meeting or public assembly, including school buildings and grounds under the control of any board, council, commission, committee, including joint committees, or agency of the County.

Charles County allows some exceptions for smoking indoors, including, among others, tobacconist establishments, in vehicles, and in up to 40% of hotels.

§ 127-11. Exceptions.

Notwithstanding any other provision of this article to the contrary, the following areas shall not be subject to the smoking restrictions of this article:

A. Tobacconist establishments;

B. In a vehicle, when used in the course of employment and occupied by only one individual;

C. When smoking is necessary to the conduct of scientific research into the health effects of tobacco smoke and is conducted at an analytical or educational laboratory;

D. In any part of a private residence which is not open to the public for business purposes;

E. In up to 40% of the sleeping rooms in a hotel or motel; and

F. In up to 40% of the premises of a fraternal, religious, patriotic, or charitable organization or corporation or fire company or rescue squad during an event that the organization or corporation holds on its own property and which is open to the public.

G. In the bar and dining area of an eating and drinking establishment that:

. (1)  Is a club as defined in the state Alcoholic Beverages Law;

. (2)  Has an alcoholic beverages license issued to private or nonprofit clubs under the state Alcoholic Beverages Law; and

. (3)  Allows consumption of alcoholic beverages on its premises. :4

H. In a non-restaurant bar.

I. In a work place:

. (1)  To which the public does not have access; and

. (2)  Meets the requirements for a designated smoking area as provided by COMAR 09.12.23.04, as the same may be amended from time to time.

Charles County allows owners and operators of properties who are not subject to the prohibition on smoking indoors to prohibit or restrict smoking. Those who choose to do so must contact the Charles County Health Department and must also post signs on the property notifying patrons of the restrictions and/or prohibitions on smoking indoors.

§ 127-12. Optional smoking restrictions.

The owner or person in control of any property not covered in § 127-10 or exempted under § 127-11 may prohibit or restrict smoking as provided in this article by notifying, in writing, the department designated to enforce this section and by posting appropriate signs. The department must enforce the prohibition or restriction wherever signs are posted until the owner or person in control of the property notifies the department in writing that the owner or person in control has revoked the prohibition or restriction and removed all signs.

Charles County requires owners and/or operators of establishments subject to indoor smoking laws to deny service/seating to anyone who smokes indoors in violation of the law, and owners/operators must ask individuals to leave if they continue to violate indoor smoking laws after being warned by the owner/operator.

§ 127-13. Duty to prevent smoking in certain areas.

The owner or person in control of a building or area covered by this section must refuse to serve or seat anyone who smokes where smoking is prohibited, and must ask the person to leave the building or area if the person continues to smoke after proper warning.

Charles County requires all establishments subject to laws prohibiting smoking indoors to post “No Smoking” signs on the property  covered by indoor smoking laws.

§ 127-14. Posting of signs.

A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly, sufficiently, and conspicuously posted in every building or other place where smoking is regulated by this article, by the owner, operator, manager, or other person having control of such building or other place.

B. Every theater owner, manager, or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium.

Charles County prohibits persons and employers from retaliating against employees and applicants for employment who exercise rights afforded by Charles County indoor smoking laws.

§ 127-15. Nonretaliation.

No person or employer shall discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this article.

The Charles County Department of Health, Charles County Health Officers, and/or designees are authorized to issue civil citations for violations of indoor smoking laws.

§ 127-17. Enforcement.

A. Enforcement of this article shall be the responsibility of the Charles County Department of Health. The Charles County Health Officer, or his/her designee, shall be authorized to issue civil citations for violations of this article. Violations shall be prosecuted pursuant to the procedures and requirements pertaining to civil infractions set forth in Article 25B § 13C, Annotated Code of Maryland,2 as the same may be amended from time to time.

B. Any person who desires to report an alleged violation of this article may file a written complaint with the Charles County Department of Health. Upon receipt of a complaint, representatives of the Charles County Department of Health shall inspect the premises and document their findings.

C. If, during routine inspections of establishments covered by this article, any state or County agency finds that the requirements of this article are not being met, it shall report such noncompliance to the Charles County Department of Health.

D. Written warnings and civil citations for alleged violations of this article shall be issued by representatives of the Charles County Department of Health in accordance with the procedures and requirements pertaining to civil infractions set forth in Article 25B § 13C, Annotated Code of Maryland,3 as the same may be amended from time to time.

E. All fines collected shall be paid to Charles County.

Charles County provides civil monetary penalties for violation of indoor smoking laws, ranging from $100 for first time violations, to $300 for third or subsequent violations.

§ 127-18. Violations and penalties.

Any person who violates any provision of this article shall be guilty of a civil infraction and shall be punished as follows:

A. For the first and second violation, upon a written acknowledgment of the violation by the violator, representatives of the Charles County Department of Health shall provide information concerning the requirements of this article and issue a written warning. A subsequent violation shall be treated as a first offense.

B. All violations other than those disposed of pursuant to the above subsection shall be punished by a fine in accordance with the following schedule.

. (1)  For a first offense: $100.

. (2)  For a second offense: $200.

(3) For a third or subsequent offense: $300.

• Indian Head
• La Plata
  • Sec. 161-3: A commercial establishment shall not display or store any tobacco product in any place that is accessible to customers without the intervention of an employee of the commercial establishment. The fine for a violation is twenty-five dollars ($25.) for the first offense and fifty dollars ($50.) for each repeat offense.
  • Sec. 161-5: A person may not smoke or possess any lighted tobacco product in any enclosed building or other facility, or part of any such facility, owned, leased or used by the Town of La Plata. A person may not smoke or possess any lighted tobacco product while attending or participating in any town-sponsored function or event that is conducted outdoors on land owned or leased by the town. The fine for a violation is $25 for the first offense and $50 for each repeat offense.
  • Sec. 161-6: A person may not smoke or possess any lighted tobacco product in any place open to or used by the public within the Town of La Plata. A person may smoke or possess a lighted tobacco product in any of the following locations: (1) In any part of a private residence which is not open to the public for business purposes; (2) In a hotel or motel sleeping room that is designated for use by smokers, provided that the hotel or motel shall not designate more than forty percent (40%) of the total number of sleeping rooms for use by smokers; (3) On any public sidewalk except when smoking or possessing a lighted tobacco product is prohibited by § 161-5 or the person is located within twenty (20) feet of any entrance used by the public to a premises where smoking or carrying a lighted tobacco product otherwise would be prohibited by Subsection A of this section; (4) On any public street.
  • Sec. 161-7: The owner, manager, other person in control, of a building, place, area, facility, venue or establishment where a person is not prohibited by § 161-6A of this section from smoking or possessing any lighted tobacco product may prohibit a person from smoking or carrying lighted tobacco products in the building, place, area, facility, venue or establishment.
  • Sec. 161-8: The town shall prepare a standardized sign to give notice of the smoking prohibitions of this Article and make signs available to all buildings, places, areas, facilities, venues and establishments in the town where a person is prohibited by Subsection B of this section from smoking or possessing any lighted tobacco product, and to the owner, manager or other person in control of any other building, place, area, facility, venue or establishment that has elected under § 161-7 to prohibit a person from smoking or possessing any lighted tobacco product. Signs shall be posted.

• Port Tobacco

• Brookview
• Cambridge
  • Sec. 8-19: It shall be unlawful for any person to engage in tobacco use in any area of any city building. The use of tobacco products may be permitted, at the discretion of the appropriate department head, in an area outside of a city building, which area is designated by the department head as an approved tobacco use area. Any person violating this section shall be fined $100.
• Church Creek
• East New Market
• Eldorado
• Galestown
• Hurlock
• Secretary
• Vienna

The State of Maryland prohibits the use of tobacco products under state law, but Frederick County also provides for enforcement of indoor smoking laws under the county code.

   (A)   It shall be unlawful to smoke tobacco products in public buildings owned or controlled by the county. This prohibition against smoking in public buildings shall not apply to the Citizen’s Truck Company, Inc., building and Independent Hose Company, Inc., building.

   (B)   Any person convicted of violating this section shall be subject to a fine not to exceed $50 for each offense. Any county employee who violates this section shall, in addition, be subject to disciplinary action as established by resolution or ordinance of the county governing body.

   (C)   The administrators of Citizens Nursing Home and Montevue Home may adopt transition policies to allow those who are patients on April 1, 1992, to smoke in the home.

Frederick County has established civil monetary penalties for violations of indoor smoking laws, with a fine of $25 for each violation of the laws. Those found in violation of the Chapter may elect to stand trial to challenge a citation issued for violations of indoor smoking laws.

   (A)   Pursuant to § 2-2-29, any violation of any of the provisions of § 1-11-3 of the Code is a civil infraction and shall be called a civil smoking infraction.

   (B)   Whenever an alleged or possible civil smoking infraction comes to the attention of the Director of Parks and Recreation Division, the procedure to be followed is:

      (1)   That the Director of Parks and Recreation Division or his authorized agent shall investigate whether an infraction has occurred;

      (2)   That, if the investigation indicates that an infraction has occurred, he will call the alleged violator in to discuss the matter with the person;

      (3)   That, if after investigation and after discussion, the Director reasonably finds that an infraction has occurred, he will issue a written warning to the alleged violator stating that the next violation will cause a citation to be issued;

      (4)   That, if the alleged violator is again accused of an infraction, the Director or his authorized agent will investigate the matter and discuss it with the alleged violator; if the Director reasonably finds that a second infraction has occurred, he will issue a citation to the person on a State of Maryland citation form;

      (5)   That, notwithstanding the provisions of step (3) above, the Director may issue a citation at step (3) without the prior issuance of a warning if the alleged violator indicates that he or she will not follow the provisions of § 1-11-3.

   (C)   A fine of $25 is hereby imposed upon any person responsible for a civil smoking infraction. All fines shall be payable to the county in the Parks and Recreation Division, which shall remit the same on a daily basis to the County Treasurer.

   (D)   A person who receives a citation may elect to stand trial for the offense by filing with the Director of Parks and Recreation Division a notice of intention to stand trial. The notice shall be given at least 5 days before the date of payment of the fine as set forth in the citation. On receipt of a notice of intention to stand trial, the Director shall forward to the District Court for Frederick County, Maryland, a copy of the citation and the notice of intention to stand trial. On receipt of the citation, the district court shall schedule the case for trial and notify the defendant of the trial date. All fines, penalties, or forfeitures collected by the district court for smoking infractions shall be remitted to the county through the County Treasurer.

   (E)   If a person who receives a citation for an infraction fails to pay the fine by the date of payment set forth on the citation and fails to file a notice of intention to stand trial, a formal notice of the infraction shall be sent to the person at his or her employment address. If the citation is not satisfied within 15 days from the date of the notice, the person is liable for a fine of $50 for each infraction. If, after 35 days, the citation is not satisfied, the Director may request adjudication of the case through the district court. The district court shall schedule the case for trial and summon the defendant to appear.

   (F)   Adjudication of an infraction under this section is not a criminal conviction, nor does it impose any of the civil disabilities ordinarily imposed by a criminal conviction.

   (G)   In a proceeding before the district court, the violation shall be prosecuted in the same manner and to the same extent as set forth for municipal infractions in Md. Code, Local Government Article, Title 6. However, the County Attorney is hereby authorized to prosecute all civil smoking infractions under this section.

   (H)   If a person is found by the district court to have committed a civil smoking infraction, he shall be liable for the costs of the proceedings in the district court.

   (I)   Nothing contained in this section shall prohibit or prevent the Director of the Parks and Recreation Division or the County Attorney’s office from seeking other legal remedies, such as injunctions or criminal prosecution.

• Brunswick
• Burkittsville
• Emmitsburg
• Frederick
  • Sec. 6-20: The following are hereby designated smoke-free areas: (1) any playground within a City park and any point within 10 feet surrounding the playground; and (2) outdoor bleachers and other fixed seating areas located in parks while used by event spectators. Violation of this section is a municipal infraction punishable by a fine of $25.
• Myersville
  • Sec. 108-2.1: Smoking is prohibited in any public park or recreational areas owned or controlled by the Town of Myersville. It shall be a misdemeanor for any person or persons to violate the terms of this chapter, and upon conviction thereof, such person shall be fined a minimum of $50 for each violation, or serve a sentence as determined by the court, or both.
• Middletown
• Mount Airy
  • Sec. 80-1: Use of tobacco products and tobacco substitute products such as vapor products is prohibited in Town parks, including the Town's Rails to Trails pathways and associated properties, with the exception of specifically designated areas. Violation of this section shall constitute a municipal infraction subject to a fine of $25 for each violation.
  • Sec. 112-12: Sales as a regular course of business or trade with the principal objective of profit (to include by way of Internet, arm's-length or mail-order transactions) of alcohol, tobacco, or firearms shall be permitted if and to the extent otherwise permitted as a use of right or special exception in the Downtown Zone and the Limited Commercial, Community Commercial and Industrial Districts, but shall be prohibited in all other zoning districts.
• Rosemont
• Thurmont
• Woodsboro

• Deer Park
• Friendsville
• Grantsville
• Kitzmiller
• Loch Lynn Heights
• Mountain Lake Park
• Oakland
  • Sec. 203-8: The use of tobacco products, including smoking, and the use of alcohol as well as the use of any controlled dangerous substance is prohibited within Glade Town Park. Violators are guilty of a misdemeanor. The penalty shall be $25 for the first offense and $50 for each subsequent offense.
• Harford

Harford County prohibits smoking indoors in county buildings, with limited exceptions to this prohibition. Hartford County has established the following definitions for purposes of enforcing laws pertaining to smoking indoors in county-owned buildings.

In this Article, the following terms have the meanings indicated:

COUNTY BUILDING

A building or any part of a building owned or leased by the county.

DESIGNATED SMOKING AREA

The part of a county building where smoking is permitted by designation of the Director.

DIRECTOR

The Director of Administration.

SMOKING

The act of smoking or carrying a burning cigar, cigarette, pipe or tobacco product of any kind.

SOCIAL FUNCTION

A specific social or recreational event for which an entire room or hall is reserved.

County prohibits smoking in county buildings except for in designated smoking areas, during social functions, and in enclosed offices occupied by no more than one person. Repeat violators are subject to civil penalties of up to $25, depending upon the nature of the violation.

A. Except as provided in §§ 149-9 and 149-11 of this Article, smoking in a county building is prohibited.

B. The sale of cigars, cigarettes or tobacco products of any kind in a county building is prohibited.

§ 149-11. Exceptions.

Smoking in a county building is permitted:

A. In designated smoking areas.

B. At social functions.

C. In fully enclosed offices occupied by not more than one (1) person.

§ 149-12. Designated smoking areas.

A. The Director or the Director's designee shall adopt procedures for establishing designated smoking areas in county buildings.

B. Designated smoking areas may not be established in:

. (1)  Conference rooms.

. (2)  Meeting rooms.

. (3)  Rest rooms.

. (4)  Offices occupied by more than one (1) person.

. (5)  Areas where smoking is prohibited by the State Fire Marshal.

County buildings must have “No Smoking” signs at each building entrance, and if applicable, county buildings with designated smoking areas must have “Smoking Permitted” signs in the designated smoking area.

§ 149-13. Posting of signs.

A. The Director or the Director's designee shall post a sign displaying the words "smoking prohibited by law, except in designated smoking areas," or similar words, at each county building entrance.

B. The Director or the Director's designee shall post a sign displaying the words "smoking permitted," or similar words, at each designated smoking area in a county building.

Individuals who violate Section 149-10 are subject to civil monetary penalties, with fines of up to $25 for each violation.

§ 149-14. Violations and penalties.

A. A person who violates § 149-10 of this Article is guilty of a civil violation.

B. There is no fine for conviction of a first violation.

C. Upon conviction of a subsequent violation, a person is subject to a fine of up to twenty-five dollars ($25.).

Individuals in violation of Harford County indoor smoking laws are entitled to receive a summons from the county law enforcement officer who observed the violation, which must contain certain information about the alleged violation. Individuals who receive a summons for a violation of Section 149-15 can either pay the fine and waive their right to contest the violation, or they can request a court hearing in writing in lieu of paying the fine.

§ 149-15. Enforcement.

A. When a county law enforcement officer observes a violation of § 149-10 of this Article, the officer shall deliver a summons to the violator.

B. A person who receives a summons under this section may:

. (1)  Obtain a court hearing by making a written request for a hearing to the Clerk of the court at least seven (7) calendar days before the due date listed on the summons for payment of the fine; or

. (2)  Waive the right to a court hearing by paying a fine to the County Treasurer in the amount required by Subsection D of this section.

C. Presence of officer at hearing.

. (1)  A request for a court hearing may also include a request that the officer who issued the summons be present at the hearing.

. (2)  If the hearing request does not include a request that the officer be present at the hearing:

. (a)  The officer need not attend the hearing.

. (b)  The officer's copy of the summons shall be prima facie evidence of the facts stated in the summons.

D. When a person waives the right to a court hearing:

. (1)  There is no fine for a first violation.

. (2)  The fine for a subsequent violation is ten dollars ($10.).

E. A summons issued under Subsection A of this section shall contain:

. (1)  A certification by the officer under penalty of perjury that the facts stated in the summons are true.

. (2)  The amount of the fine, if any, for the violation.

. (3)  A date, at least fifteen (15) calendar days from the date of the violation, by which the fine must be paid.

. (4)  A notice that the violator may obtain a court hearing by making a written request to the Clerk of the court at least seven (7) days before the date by which the fine must be paid.

• Aberdeen
  • Sec. 486-10A(11): While on duty and transporting a passenger, taxicab drivers are not permitted to drink alcoholic beverages, smoke cigarettes, pipes, or cigars, or consume illegal drugs or substances.
• Bel Air
• Havre de Grace

• Electronic Smoking Device Distribution

• Product Placement

• Smoking in Public Places

• Tobacco Product Distribution

Kent County has adopted the following definitions for purposes of Chapter 156 of the Kent County Code, which concerns the distribution of tobacco products to minors, and storage and display of tobacco products.

§ 156-1. Definitions.

In this chapter the following words have the meanings indicated: DISTRIBUTE —

A. To give away, sell, deliver, dispense, or issue;

B. To offer to give away, sell, deliver, dispense, or issue; or

C. To cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.

EMPLOYEE — An individual employed by an owner. MINOR — Any person under 18 years of age.

OWNER — A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes.

TOBACCO PRODUCT — Any substance containing tobacco, including cigarettes, smoking tobacco, snuff, or smokeless tobacco.

Kent County has adopted youth access laws, which are enforced at the local level by the Kent County Health Department. Individuals in violation of youth access and product placement laws are subject to civil monetary penalties, with the amount varying depending on the infraction committed and the number of previous violations (if applicable).

§ 156-2. Distribution of tobacco products to minors.

A. An owner shall not:

. (1)  Distribute any tobacco product to a minor, unless the minor is acting solely as the agent of the minor's employer who is engaged in the business of distributing tobacco products;

. (2)  Distribute cigarette rolling papers to a minor; or

. (3)  Distribute to a minor a coupon redeemable for any tobacco product.

B. Any

. (1)  Buy for or distribute to a minor any tobacco product; or

. (2)  Buy for or distribute to a minor cigarette rolling papers.

C. This section does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.

D. A person has not violated this section, if:

. (1)  That person examined a driver's license or another valid identification issued by a governmental entity; and

. (2)  That license or other identification positively identified the buyer or recipient of a tobacco product as at least 18 years old.

Under Maryland law, tobacco retailers must store and display tobacco products in an area that is not accessible to customers. While Maryland law provides for criminal penalties, Kent County has also adopted civil monetary penalties for product placement violations, which are enforced at the local level by local Health Officers and/or Health Officer designees.

§ 156-3. Storage and display of tobacco products.

A. An owner shall store or display tobacco products such that the product is out of reach of all consumers and in a location accessible only to the owner or the owner's agent.

B. This section does not apply to: (1) The location of a tobacco vending machine that complies with all requirements of state law; and (2) A tobacconist establishment that engages primarily in the sale of tobacco products other than cigarettes as the term cigarette is defined in § 16-101 of the Business Regulations Article of the Maryland Annotated Code.

Kent County allows local Health Officers and/or their designee to issue citations for violations of youth access or product placement requirements. Fines range from $300 for first-time violations of underage tobacco sales, to up to $500 for subsequent violations within a two-year time period. Individuals in violation of product placement laws are subject to lesser fines, ranging from $50 for first-time offenders, and up to $500 for subsequent offenses committed within a two-year period.

§ 156-4. Enforcement and penalties.

A. A person violating this chapter shall be guilty of a civil violation and subject to a civil fine as provided in Subsections C, D and E of this section.

B. This chapter shall be enforced by the Health Officer or the Health Officer's designee. The Health Officer or the Health Officer's designee may issue a citation to any person who violates §§ 156-2 or 156-3 of this chapter.

C. An owner who violates § 156-2 is subject to a civil penalty of $300 for the first violation and $500 for subsequent violations within a two-year period.

D. Any other person who violates § 156-2 is subject to a civil penalty of $50 for the first violation and $100 for subsequent violations within a two-year period.

E. An owner who violates § 156-3 is subject to a civil penalty of $100 for the first violation and $300 for subsequent violations. A citation for a second infraction of § 156-3 may be issued no sooner than 30 days after the initial citation. A citation for a third or later infraction of § 156-3 may be issued each day the violation continues after the date of the second citation.

F. For purposes of this chapter, "subsequent violation" means a separate and distinct incident at a different time and occasion.

• Betterton
• Chestertown
• Galena
• Millington
• Rock Hall
  • Sec. 57-1: There shall be no smoking or the carrying of any lit tobacco or tobacco substitute in the Municipal Building except in the designated smoking area.

  (a)   In order to reduce the accessibility of tobacco products to minors, a person must not install or maintain a vending machine which dispenses a tobacco product anywhere in the County except inside a private club that is licensed to serve alcoholic beverages.  A vending machine located inside any private club must not be placed in any restroom, coatroom, unmonitored hallway, outerwaiting area, or other unattended place.

   (b)   As used in this Section:

      (1)   minor means any person under 18 years old;

      (2)   tobacco product means any cigarette or cigar containing tobacco, pipe tobacco, smokeless or chewing tobacco, and any other product that contains tobacco; and

      (3)   vending machine means any electronic, mechanical, or other device that dispenses a tobacco product.

   (c)   Any violation of this Section is a Class A violation.  Both the owner of the vending machine and the owner of the business or residence in which the machine is located are responsible for complying with this Section.  The Health and Human Services Department and any other agency designated by the County Executive must enforce this Section. 

  (a)   Placement.  A retail seller of any tobacco or electronic cigarette product must not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.

   (b)   Definitions.  Tobacco product means any substance containing tobacco, including cigarette, cigars, smoking tobacco, snuff, or smokeless tobacco.

   (c)   Applicability.  This Section does not apply to:

      (1)   the sale of any tobacco or electronic cigarette product from a vending machine that complies with all requirements of state law; and

      (2)   any store where only or primarily tobacco or electronic cigarette products are sold. 

 (a)   Definitions. In this Section, the following words have the meanings indicated:

      Child resistant packaging means packaging that is:

      (1)   designed or constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time;

      (2)   not difficult for normal adults to use properly; and

      (3)   tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on March 3, 2015.

      Child resistant packaging does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.

      Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration.

   (b)   Child resistant packaging required. A retail seller of any liquid nicotine or liquid nicotine container must not sell, resell, distribute, dispense, or give away:

      (1)   any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or

      (2)   any nicotine liquid container unless the container constitutes child resistant packaging.

   (c)   Exceptions. This Section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. 

• Barnesville
• Brookeville
• Town of Chevy Chase
• Village of Chevy Chase, Section 3
• Village of Chevy Chase, Section 5
• Chevy Chase View
• Chevy Chase Village
• Garrett Park
• Glen Echo
• Gaithersburg
  • Sec. 15A-8: Smoking and/or vaping is prohibited in or on public property, with exceptions.
  • Sec. 18A-2: General clean indoor air provisions for smoking and vaping
  • Sec. 18A-3: Exceptions to clean indoor air provisions – smoking or vaping is permitted when a public area other than public propert in which smoking is prohibited is closed to the public and in designated smoking areas.
  • Sec. 18A-4: Signs prohibiting or permitting smoking, as the case may be, must be posted conspicuously in each room and area covered by this chapter.
  • Sec. 18A-5: The owner or person in control of a building or area covered by this chapter must refuse to serve or seat any person who smokes where smoking is prohibited, and must ask the person to leave the building or area if the person continues to smoke after proper warning.
  • Sec. 18A-6: The person in charge of any area specified in section 18A-2, other than section 18A-2(d) or any area which is public property, may designate separate areas where smoking or vaping is permitted.
  • Sec. 18A-7: A person must not smoke in: (1) Any portion of the indoor premises of an eating and drinking establishment; (2) Any restroom that is open to customers.
  • Sec. 18A-8: The provisions and requirements of this section shall be in addition to any provisions and requirements of other federal, state, county or city law, ordinance, rule or regulation.
  • Sec. 18A-9: Each employer must provide a smokefree work environment for nonsmoking employees to the maximum extent practical.
  • Sec. 18A-12: A retail seller of any tobacco product must not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.

• Kensington
• Laytonsville
• Martin’s Additions
• North Chevy Chase
• Poolesville
• Rockville
  • Sec. 13-21: Smoking and vaping are prohibited in an outdoor serving area. A food service facility with an outdoor serving area shall post conspicuous signs regarding the prohibition on smoking and vaping in outdoor serving areas.
• Somerset
  • Sec. 4-406: No person shall discard any refuse on any public right-of-way. Refuse containers placed by the Town and maintained by the Town in the public right-of-way are for refuse such as cigarette packages.
• Takoma Park
• Washington Grove

Prince George’s County has adopted local ordinances relating to underage tobacco sales and placement and packaging of tobacco products. The following definitions apply to the portions of the Prince George’s County Code concerning tobacco and ENDS products.

(a)  In this Division the following words have the meanings indicated. (1)  Distribute means to: (A) Give away, sell, deliver, dispense, or issue; or (B) Offer to give away, sell, deliver, dispense, or issue; or (C) Cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue. (2) Electronic cigarette means 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. Electronic cigarette does not include any product approved by the Food and Drug Administration for sale as a drug delivery or medical device. (3) Employee means an individual employed by an owner. (4) Minor means an individual under the age of eighteen (18). (5) Owner means a person engaged in the business of selling or otherwise distributing tobacco products or electronic cigarettes for commercial purposes. (6) Tobacco product means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco. (7) Unpackaged cigarettes means any cigarette not contained within a sealed original package of at least twenty (20) cigarettes that are designed and intended to be sold or distributed as a unit.

(a) An owner or an employee shall not: (1) Distribute any tobacco product or electronic cigarette to a minor, unless the minor is acting solely as the agent of the minor's employer who is engaged in the business of distributing tobacco products or electronic cigarettes; (2) Distribute cigarette rolling papers to a minor; or (3) Distribute to a minor a coupon redeemable for tobacco products or electronic cigarettes. (b) A person, who is not an owner, shall not: (1) Buy for or sell to a minor any tobacco product or electronic cigarette; or (2) Buy for or sell to a minor cigarette rolling papers. (c) This Section does not apply to the distribution of a coupon which is redeemable for any tobacco product or electronic cigarette when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail. (d) A person has not violated this Section if: (1) The person examined a driver's license or another valid identification issued by an employer, a governmental entity, or an institution of higher education; and (2) The license or other identification identified the buyer or recipient of a tobacco product or electronic cigarette as being at least 18 years old. (e) If a minor bought a tobacco product from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.

(a) An owner shall display or store the tobacco product or electronic cigarette in a manner which by the design demonstrates the owner's intent that the tobacco product or electronic cigarette is inaccessible to the buyer without the intervention of the owner or the owner's agent. Designs that demonstrate an intent that the tobacco product or electronic cigarette is inaccessible to the buyer without the intervention of the owner or the owner's agent shall include storing or displaying the tobacco product or electronic cigarette as follows: (1) Behind the sales counter in a manner which places the tobacco product or electronic cigarette beyond the physical reach of the buyer in the absence of extraordinary extension beyond the sales counter; or (2) In a display case which requires seller assistance to gain access to the tobacco product or electronic cigarette contained therein; or (3) In an overhead merchandising rack that is mounted more than six feet above the floor at the lowest point and from which access to the tobacco product or electronic cigarette is provided only on the side facing away from the buyer; or (4) In any place that is inaccessible to buyers of the tobacco product or electronic cigarette without the intervention of the owner or the owner's agent.

(a) Notwithstanding any other provision of law, a retailer or wholesaler may not purchase unpackaged cigarettes from a tobacco manufacturer or sell, resell, distribute, dispense or give away unpackaged cigarettes to any person.

(a) Definitions. In this Section the following words have the meanings indicated: (1) Child resistant packaging means packaging that is designed or constructed to meet the child-resistant effectiveness standards set forth in 16 C.F.R. § 1700.15(b)(1) when tested in accordance with the protocols described in 16 C.F.R. § 1700.20 as in effect on the date of enactment. (2) Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration. (b) Child resistant packaging required. No person shall sell, resell, distribute, dispense or give away: (1) any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or (2) any nicotine liquid container unless the container constitutes child resistant packaging. (c) Exceptions. This section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer.

(a) This Division shall be enforced by the Health Officer or Health Officer's designee. The Health Officer or designee may issue a citation to any person who violates Sections 12-202, 12-203 or 12-204 of this Division. The citation shall serve as notification to the person that a civil violation has been committed and in accordance with the provisions of Division 3, Subtitle 28 of this Code shall be subject to the monetary civil fine as provided in Subsections (b) and (c) of this Section, subject to his right to elect to stand trial pursuant to Section 28-257 of this Code. (b) An owner who violates this Division is subject to a civil penalty of not more than Three Hundred Dollars ($300.00) for the first violation and not more than One Thousand Dollars ($1,000.00) for subsequent violations. (c) An employee who violates this Division is subject to a civil penalty of not more than Fifty Dollars ($50.00) for the first violation and not more than One Hundred Dollars ($100.00) for subsequent violations. (d) For the purposes of this Division, subsequent violation means a separate and distinct incident at a different time and occasion.

• Berwyn Heights
• Bladensburg
• Bowie
  • Sec. 11.4(e): No license shall be issued for placement of a vending machine which dispenses tobacco products except in locations which are not generally accessible to or frequented by minors, including by way of example, bars, cocktail lounges, and private clubhouses for members of fraternal or civic organizations not operated as public businesses or open to the general public.
  • Sec. 11.4(h): The City Manager may revoke or refuse to renew a license for repeated distributions of tobacco products to minors from a vending machine.
  • Sec. 18-14: No person in the business of selling or otherwise distributing cigarettes or other tobacco or smoking products for commercial purposes, or any agent or employee or any such person, shall in the course of such business, distribute any cigarettes or other tobacco or smoking products free to any person on any public street or sidewalk, or in any public park or playground, or any other public ground, or in any public building. Any violation of this section shall be an infraction punishable by a fine of One Hundred Dollars ($100.00) for each violation.

• Brentwood
• Capitol Heights
• Cheverly
• College Park
• Colmar Manor
• Cottage City
• District Heights
• Eagle Harbor
• Edmonston
• Fairmount Heights
• Forest Heights
• Glenarden
  • Chapter 94: There is hereby adopted the Health Ordinances for Prince George's County, Maryland, to be and to continue in effect throughout the City. It is the intent of the Mayor and Council that any amendments made to the county ordinances by the County Council shall become effective in the City on the same day that the amendments become effective elsewhere in the county.
• Greenbelt
• Hyattsville
• Landover Hills
• Laurel
  • Sec. 9-41: It shall be unlawful for any person to smoke in any city facility. In the event that the city shall lease or otherwise grant permission to any person for the use of a city facility, any lease, contract or other document granting permission for the use of such city facility by any person shall contain an express condition that the lessee, permittee or other person using such city facility shall not smoke or allow smoking in such city facility.
  • Sec. 9-42: Signs prohibiting smoking shall be displayed conspicuously in all city facilities. The signs shall contain symbols or language that smoking is prohibited, and that violators are subject to the penalties specified in this article.
  • Sec. 9-43: The city administrator may designate certain rooms and areas of city facilities, both interior and exterior to the premises, as smoking areas where persons shall be permitted to smoke.
  • Sec. 9-44: The city employee assistance program shall be extended on a voluntary basis to city employees who express a desire to seek medical assistance or counseling to end a smoking habit. The city administrator shall issue procedures which provide for up to fifty (50) per cent reimbursement for the costs of treatment programs approved by the city; provided, however, that no employee shall be entitled to reimbursement for any such treatment program more than once.
  • Se. 9-46: Any violation of any provision of this article, or any defacing, tampering with or unauthorized removal of any sign posted, pursuant to section 9-42, shall be a misdemeanor which shall be punishable by a fine not to exceed one thousand dollars ($1,000.00), or imprisonment not to exceed six (6) months, or both.
  • Sec. 18-140: Laurel green building standards - This standard establishes practices for the design and construction of green buildings, building sites and renovations. This standard is intended to provide flexibility to permit the use of innovative approaches and techniques. The building, project, site, and/or development's environmental performance level shall consist of all mandatory requirements, plus points assessed using the point system specified within this section. All commercial building in Laurel city limits needs to be "smoking free". However one (1) point will be awarded if the facility provides a designated smoking area outside the building at a location not less than ten (10) feet from the building envelope measured by the shortest distance between the outside surface of the outer wall of the building and the center point of entry way of the designated area.

• Morningside
• Mount Rainier
• New Carrollton
• New Market
  • Sec. 13.11: The smoking of tobacco products in rooms, corridors or areas or spaces designated by the New Market Town Council is a health nuisance, and it shall be unlawful to smoke tobacco products in those places in public buildings owned or controlled by the New Market Town Council that are posted with signs indicating that smoking of tobacco products is prohibited. Any person convicted of violating this section shall be subject to a fine not to exceed $50 for each offense. Any employee of the Town of New Market Government who violates this Section shall, in addition, be subject to disciplinary action or dismissal by action from the New Market Town Council.
• North Brentwood
• Riverdale Park
  • Sec. 33-17: It shall be unlawful for any person to carry or have any lighted match, pipe, cigar, or cigarette or to carry or use any open flame in any warehouse or storeroom wherein may be stored any rags, hay, spirits of turpentine, petroleum, tar, pitch, rosin, gunpowder, gasoline or illuminating oils or other such combustible materials, or in any moving-picture or public assembly theater or auditorium.
  • Sec. 33-21: Violations of the provisions of 33-10, 33-13, 33-16, and 33-17 are misdemeanors and, upon conviction thereof, violators shall be subject to a fine of not more than one thousand dollars ($1,000) or imprisonment of not more than six (6) months, or both.
• Seat Pleasant
• Upper Marlboro
• University Park

• Barclay
• Centreville
  • Sec. 123-1: No person shall smoke or carry a lighted cigar, cigarette, pipe or other tobacco product in any Town building, including but not limited to all the offices, hallways and rooms contained therein.
  • Sec. 123-2: A violation of this chapter shall constitute a municipal infraction, and the violator of this chapter shall be fined $1,000, provided that a citation for the infraction is served upon the person in a manner prescribed by Article 23A, § 3, of the Annotated Code of Maryland. The fine is payable by the offender to the municipality within 20 calendar days of receipt of a citation. Repeat offenders may be assessed a fine not to exceed $1,000 for each repeat offense, and each day a violation continues shall constitute a separate offense.
• Church Hill
• Millington
• Queen Anne
• Queenstown
• Sudlersville
• Templeville

• Crisfield
• Princess Anne
  • Sec. 64-6: It shall be unlawful to smoke or carry a lighted cigarette, cigar or pipe on or beneath the stage, dressing room or assembly hall seating accommodations for carnivals or circuses. It shall be the duty of the owner of such premises or of the occupant in charge to provide and place in conspicuous places printed signs on which the words "no smoking" shall appear in letters at least four inches high.

§ 159-1. Legislative findings and purpose.

A. The County Council of Talbot County finds that:

. (1)  Numerous studies have found that tobacco smoke is a major contributor to indoor air pollution; and

. (2)  Reliable studies have shown that breathing secondhand smoke is a cause of disease, including lung cancer, in healthy nonsmokers. At special risk are elderly people, individuals with cardiovascular disease, and individuals with impaired respiratory function, including asthmatics and those with obstructive airway disease; and

. (3)  Health hazards induced by breathing secondhand smoke include lung cancer, respiratory infection, decreased exercise tolerance, decreased respiratory function, bronchoconstriction, and bronchospasm.

B. The County Council of Talbot County declares that the purposes of this chapter are:

. (1)  To protect the public health and welfare by prohibiting smoking in public places except in designated smoking areas, and by regulating smoking in places of employment; and

. (2)  To strike a reasonable balance between the needs of persons who smoke and the need of nonsmokers to breathe smoke-free air, and to recognize that, where these needs conflict, the need to breathe smoke-free air shall have priority.

§ 159-2. Definitions.

As used in this chapter, the following terms have the meanings indicated:

1EMPLOYEE — Any person who is employed by any employer in the consideration for direct or indirect monetary wages or profit, and any person who volunteers his or her services for a nonprofit entity.

EMPLOYER — Any person, partnership, corporation, including a municipal corporation, or nonprofit entity, which employs the services of one or more persons.

ENCLOSED WORKPLACE — An indoor place of employment. An enclosed workplace includes, but is not limited to, an indoor work area, a vehicle when an employee uses it in the course of employment and it is occupied by more than one employee, an employee lounge or rest room, a conference and meeting room, a classroom, a cafeteria operated by an employer for use by its employees, a hallway, a restaurant, a bar or tavern, a sleeping room in a hotel or motel, and an assembly, conference, convention, or meeting establishment or enclosed portion of the establishment.

NONPROFIT ENTITY — Any corporation, unincorporated association or other entity created for charitable, philanthropic, educational, character building, political, social or other similar purpose, the net proceeds from the operations of which are committed to the promotion of the objectives or purposes of the organization and not to private financial gain. A public agency is not a "nonprofit entity" within the meaning of this section.

PUBLIC PLACE — Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to banks, educational facilities, health facilities, public transportation facilities, reception areas, restaurants, retail food production and marketing establishments, retail service establishments, retail stores, theaters, and waiting rooms. A private residence is not a public place.

RESTAURANT — Any coffee shop, cafeteria, sandwich stand, private or public school cafeteria, or any other eating establishment which gives or offers for sale food to the public, guests, or employees, as well as kitchens in which food is prepared on the premises for serving elsewhere, including catering facilities. Home-based catering occupations are exempt.[Amended 2-3-2004 by Bill No. 934]

RETAIL TOBACCO STORE — A retail store utilized primarily for the sale of tobacco products and accessories and in which the sale of other products is merely incidental.

SERVICE LINE — Any indoor line at which one or more persons wait for or receive service of any kind, whether or not such service involves the exchange of money.

SMOKE (when used as a noun) — Airborne material, whether visible or not, produced by the burning of tobacco in any form.

SMOKE (when used as a verb) — Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, weed, plant or other combustible substance in any manner or in any form.

§ 159-3. Applicability to County-owned facilities.

All enclosed facilities and other designated areas owned or leased by Talbot County or the Talbot County Board of Education shall be smoke-free.

§ 159-4. Prohibition of smoking in public places.

A. Smoking shall be prohibited in all enclosed public places within Talbot County including, but not limited to, the following places:

. (1)  Elevators.

. (2)  Buses, taxicabs, and other means of public transit under the authority of Talbot County. [Amended 2-3-2004 by Bill No. 934]

. (3)  Rest rooms.

. (4)  Service lines.

(5) (6)

(7) (8)

(9)

(10) (11)

(12)

(13)

Retail stores. [Amended 2-3-2004 by Bill No. 934]

All areas available to and customarily used by the general public in all businesses and nonprofit entities patronized by the public, including but not limited to offices, banks, hotels and motels.

Restaurants.

Public areas of aquariums, galleries, libraries and museums when open to the public.

Any building not open to the sky which is used primarily for exhibiting motion pictures, stage, drama, lectures, musical recitals or other similar performances, except when smoking is a part of a stage production.

Sports arenas and convention halls. [Amended 2-3-2004 by Bill No. 934]

Every room, chamber, place of meeting or public assembly, including school buildings and grounds under the control of any board, council, commission, committee, including joint committees, or agency of the County.

Waiting rooms, hallways, wards, and semiprivate and private rooms of health facilities, including but not limited to hospitals, clinics, physical therapy facilities, doctors' offices, and dentists' offices.

Polling places.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment or facility described in this section may declare the entire establishment or facility as a nonsmoking establishment.

§ 159-5. Regulation of smoking in enclosed workplaces.

A. An employer shall ensure that there is no smoking in an enclosed workplace, except as authorized below.

B. An employer may permit smoking in a designated smoking area which meets the following criteria:

(1) Is constructed to provide:

. (a)  Solid walls and ceiling and a closable door;

. (b)  Walls tightly joining floor and ceiling;

. (c)  Openings to adjacent enclosed workplaces limited to makeup air inlets; and

. (d)  A ventilation system that exhausts directly to the outdoors without recirculation to nonsmoking areas;

(2)

(3)

§ 159-7

May not be a location where an employee, other than a custodial or maintenance employee, is required to work; and

Shall be under negative pressure sufficient to prevent smoke migration to enclosed workplaces.

C. An employer shall ensure that cleaning and maintenance work in a designated smoking area is conducted while no one is smoking in the area.

D. An employer shall periodically, but at least quarterly, inspect the ventilation of any designated smoking areas to ensure that appropriate negative pressure is being maintained.

E. Notwithstanding any other provision of this section, every employer shall have the right to designate any place of employment, or any portion thereof, as a nonsmoking area.

§ 159-6. Exceptions.

A. Notwithstanding any other provision of this chapter to the contrary, the following areas shall not be subject to the smoking restrictions of this chapter: [Amended 2-3-2004 by Bill No. 9342]

(1) In the bar and dining area of an eating and drinking establishment that:

(a) Is a club as defined in Charter 11, § 11-5D(2) Talbot County Code, Alcoholic Beverages.

(b) Has a Class G alcoholic beverage license issued to clubs under the Talbot County Alcoholic Beverages Law.

. (2)  Any portion of private residences, which are not open to the public for business purposes, to include home-based catering occupations.

. (3)  Up to 40% of hotel and motel rooms rented to guests.

. (4)  Retail tobacco stores.

B. Notwithstanding any other provision of this section, any owner, operator, manager or other person who controls any establishment described in this section may declare the entire establishment as a nonsmoking establishment.

§ 159-7. Posting of signs.

A. "Smoking" or "No Smoking" signs, whichever are appropriate, with letters of not less than one inch in height or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it), shall be clearly, sufficiently and conspicuously posted in every building or other place where smoking is regulated by this chapter, by the owner, operator, manager or other person having control of such building or other place.

B. Every theater owner, manager or operator shall conspicuously post signs in the lobby stating that smoking is prohibited within the theater or auditorium.

§ 159-8. Enforcement.

A. Enforcement of this chapter shall be the responsibility of the Talbot County Health Department. The Talbot County Health Officer, or his/her designee, shall be authorized to issue civil citations for violations of this chapter. Violations shall be prosecuted in the same manner as a code violation under § 10-119 of the Criminal Law Article, Md. Ann. Code, as amended. The County Attorney shall be authorized to prosecute violations. [Amended 2-3-2004 by Bill No. 934]

B. Any citizen who desires to register a complaint under this chapter may initiate enforcement with the Health Department.

C. The Health Department shall require, while an establishment is undergoing otherwise mandated inspections, a self-certification from the owner, operator or other person having control of such establishment that the establishment is in compliance with all the requirements of this chapter.

D. Any owner, manager, operator or employee of any establishment regulated by this chapter may inform persons violating this chapter of the appropriate provisions thereof.

E. Notwithstanding any other provision of this chapter, a private citizen may bring legal action to enforce this chapter.

§ 159-9. Violations and penalties.

A. It shall be unlawful for any person who owns, manages, operates or otherwise controls the use of any premises subject to regulation under this chapter to fail to comply with any of its provisions.

B. It shall be unlawful for any person to smoke in any area where smoking is prohibited by the provisions of this chapter.

B.1 Any person who violates this chapter, for the first violation only, shall receive a written reprimand issued by the Talbot County Health Officer or his/her designee. The written reprimand shall not be considered a violation of this chapter for purposes of the penalties imposed by Subsection C of this section. [Added 2-3-2004 by Bill No. 934]

C. Any person who violates any provision of this chapter shall be guilty of a civil infraction and, upon conviction, shall be punished by: [Amended 2-3-2004 by Bill No. 934]

. (1)  A fine of $100 for a first violation of this chapter.

. (2)  A fine of $200 for a second or subsequent violation of this chapter within any twelve-month period, except that in addition to the prescribed fine, if the operator of an eating or drinking establishment holding an Alcoholic Beverages License under Chapter 11 of the Talbot County Code, Talbot County Alcoholic Beverages Ordinance, has three or more violations within any twelve-month period, the alcoholic beverage license shall be suspended as follows:

(a) For the third offense, suspension for three days

(b) For the fourth and any subsequent offenses, suspension for 10 days, plus an additional consecutive ten-day suspension for each additional violation in excess of four within any twelve-month period.

(3) All fines collected shall be paid to Talbot County.

§ 159-10. Nonretaliation.

No person or employer shall discharge, refuse to hire or in any manner retaliate against any employee or applicant for employment because such employee or applicant exercises any rights afforded by this chapter.

§ 159-11. Interpretation. [Amended 2-3-2004 by Bill No. 934]

A. This article shall not be interpreted or construed to permit smoking where it is otherwise restricted by other applicable laws.

B. This article adds to, and does not replace or restrict, any other applicable federal, state, or County law or regulation.

§ 159-12. Purpose.

The Talbot County Council finds and declares that tobacco products are a hazard to the health of the general public, especially youth, and that tobacco products should be made accessible at retail places only through the intervention of the retail seller or seller’s employee.

§ 159-13. Placement of Tobacco Products; definitions; exceptions.

A. A retail seller of tobacco products shall not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or

an employee of the seller. Violation of the provisions of this article shall be a civil infraction subject to the penalties provided herein.

B. “Tobacco product” means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.

C. “Retail seller” means the owner or proprietor of the business establishment.

D. This section does not apply to: (1) The sale of any tobacco product from a vending machine that complies with all requirements of state law; or (2) Any store where only tobacco products are sold either exclusively or primarily.

§ 159-14. Enforcement.

A. Any person who desires to report an alleged violation of this article may file a written complaint with the Talbot County Health Department. Upon receipt of a written complaint, representatives of the Talbot County Health Department shall inspect the premises and document their findings.

B. If, during routine inspections of retail establishments covered by this article, any state or County agency finds that the requirements of this article are not being met, they shall report such noncompliance to the Talbot County Health Department.

C. Written warnings and civil citations for alleged violations of this article shall be issued by representatives of the Talbot County Health Department and prosecuted by the County Attorney in accordance with the procedures and requirements pertaining to municipal infractions set forth in Article 23 A, § 3, Annotated Code of Maryland, as the same may be amended from time to time.

§ 159-15. Violations and penalties.

Any person who violates any provision of this article shall be guilty of a civil infraction and shall be punished as follows:

A. For a first and second violation, upon a written acknowledgement of the violation by the retail seller, representatives of the Talbot County Health Department shall provide information concerning the requirements of this article and issue a written warning. A subsequent violation shall be treated as a first offense.

B. All violations other than those disposed of pursuant to the above § 23-24A(1) shall be punished by a fine in accordance with the following schedule:

. (1)  For a first offense: $100;

. (2)  For a second offense: $200;

(3) For a third or subsequent offense: $300.

• Boonsboro
• Clear Spring
• Funkstown
• Hancock
• Hagerstown
  • Sec. 173-30: The smoking of tobacco products is hereby prohibited in the following public places within the City of Hagerstown: University Plaza and all City of Hagerstown parks. This prohibition does not apply to the Municipal Golf Course or Municipal Stadium. Clearly visible signage shall be posted concerning this prohibition. A violation of this section shall be treated as a municipal infraction and subject the person violating the same to a fine of $20 each for the first and second violation and $200 for each subsequent violation.
• Keedysville
• Sharpsburg
• Smithburg
• Williamsport

Wicomico County prohibits the display of tobacco products in a place that is accessible to buyers, meaning retailers and/or the retailer’s employees may sell tobacco products to buyers.

§ 135-9. Purpose.

The Wicomico County Council finds and declares that tobacco products are a hazard to the health of the general public, especially youth, and that tobacco products should be made accessible at retail places only through the intervention of the retail seller or seller's employee.

§ 135-10. Placement of tobacco products.

A. A retail seller of tobacco product shall not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.

B. "Tobacco product" means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.

C. "Retail seller" or "seller" means the owner or proprietor of the business establishment.

D. This section does not apply to: (1) The sale of any tobacco product from a vending machine that complies with all requirements of state law; or (2) Any store where only or primarily tobacco products are sold. (3) The sale of tobacco product from a humidor clearly marked "no access or sales to minors."

§ 135-11. Enforcement.

A. An owner, proprietor, or person in charge of a retail establishment covered by this article shall comply with all the requirements of this article.

B. Any person who desires to report an alleged violation of this article may file a complaint with the Wicomico County Health Department Tobacco Program Coordinator.

C. If during routine inspections of retail establishments covered by this article, any state or County agency finds that the requirements of this article are not being met, they may report such noncompliance to the Wicomico County Health Department Tobacco Program Coordinator.

D. Written warnings and civil citations for alleged violations of this article shall be issued by representatives of the Wicomico County Health Department or Office of the Sheriff and prosecuted by the County Attorney in accordance with the procedures and requirements pertaining to civil infractions set forth in Chapter 221 of the Wicomico County Code, as the same may be amended from time to time.

§ 135-12. Penalties.

Any person who violates any provision of this article shall be guilty of a civil infraction, and shall be penalized subject to the following schedule:

A. For a first violation, the Wicomico County Health Department Tobacco Program Coordinator shall issue a written warning providing the retail seller two weeks to comply with the provisions of this article before being subject to a fine. A subsequent violation shall be treated as a first offense.

B. All violations other than those disposed of pursuant to § 135-12A shall be punished by a fine in accordance with the following schedule:

. (1)  First offense: fine of $250.

. (2)  Second offense: fine of $500.

. (3)  Third offense: fine of $750.

. (4)  Fourth or subsequent offense: fine of $1,000.

C. Each day a violation continues may constitute a separate offense.

• Salisbury
  • Sec. 8.32.030: Smoking and vaping is unlawful in, on, or within twenty five feet of app public parks, public bus shelters, public owned or leased and operated buildings and vehicles, the Government Office Building, and the Salisbury Zoo, and along the Riverwalk, including recreational areas within and located along the Riverwalk, except within fifteen (15) feet of an officially designated smoking area.
• Delmar
• Fruitland
• Hebron
• Mardela Springs
• Pittsville
• Sharptown
• Willards

• Berlin
• Ocean City
  • Sec. 30-603: Smoking and vaping is unlawful in all public parks except Northside Park, where smoking and vaping is unlawful except within 15 feet of a designated smoking area.
  • Sec. 30-604: Any person who violates section 30-603 is subject to a municipal infraction of up to $500.
  • Sec. 14-278: Smoking or chewing of tobaccoproducts shall be prohibited in all dry nightclubs.

• Pocomoke City
  • Sec. 121-15: Smoking or chewing of tobacco products shall be prohibited in all dry nightclubs.
  • Sec. 173-11: No person shall throw away or discard any lighted match, cigar, cigarette, tobacco, paper or other material within or against any building, boat or vehicle or under any tree or in underbrush.
• Snow Hill