[Adopted 2-27-1996 by Bill No. 602]
As used in this article, the following terms
have the meanings indicated:
EMPLOYEE
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 restroom, 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 verb)
Inhaling, exhaling, burning or carrying any lighted cigar,
cigarette, weed, plant or other combustible substance in any manner
or in any form.
All enclosed facilities and other designated
areas owned or leased by Talbot County or the Talbot County Board
of Education shall be smoke-free.
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.
[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.
[Adopted 5-22-2001 by Bill No. 813]
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.
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 Md. Code Ann., Local Government Art., § 6-101 et seq.,
shall be punished by a fine in accordance with the following schedule:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
(1) For a first offense: $100;
(2) For a second offense: $200;
(3) For a third or subsequent offense: $300.