[HISTORY: Adopted by the Board of County Commissioners of
Charles County 5-1-2006 by Bill No. 2006-05. Amendments noted
where applicable.]
The Board of County Commissioners of Charles County 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 employees.
As used in this article, the following terms shall have the
meanings indicated:
The owner or proprietor of a business establishment.
A retail store utilized primarily for the sale of tobacco
products and accessories in which the sale of other products is merely
incidental.
Any substance containing tobacco, including cigarettes, cigars,
smoking tobacco, snuff, or smokeless tobacco.
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.
This section does not apply to:
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 § 13C, Annotated
Code of Maryland,[1] as the same may be amended from time to time.
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.
The Board of County Commissioners of Charles County finds that:
A.
Numerous studies have found that tobacco smoke is a major contributor
to indoor air pollution; and
B.
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, children, people with cardiovascular
disease, and individuals with impaired respiratory function, including
asthmatics and those with obstructive airway disease; and
C.
Health hazards induced by breathing secondhand smoke include lung
cancer, respiratory infection, decreased exercise tolerance, decreased
respiratory function, bronchoconstriction, and bronchospasm.
In this article, the following words and phrases have the meanings
indicated:
Any enterprise that prepares or sells food or drink for human
consumption on or off the premises. "Eating and drinking establishment"
includes:
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.
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.
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.
(When used as a noun): Airborne material, whether visible or
not, produced by the burning of tobacco in any form.
(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.
A retail store utilized primarily for the sale of tobacco
products and accessories in which the sale of other products is merely
incidental.
All enclosed facilities and other designated areas owned or
leased by Charles County or the Charles County Board of Education
shall be smoke-free.
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.
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:
H.
In a non-restaurant bar.
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.
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.
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.
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.
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,[1] 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,[2] as the same may be amended from time to time.
E.
All fines collected shall be paid to Charles County.
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.