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| Home > Statutes > Usa Maine |
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USA Statutes : maine
Title : Title 22. HEALTH AND WELFARE
Chapter : Chapter 262. SMOKING (HEADING. PL 1993, c. 342, @1 (new))
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Title 22 - §1541. Definitions
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1541. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings.
[1993, c. 342, §1 (new); §9 (aff).]
1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed
to prevent smoke escaping from the designated area into a public place.
[2005, c. 257, §1 (amd).]
2. Enclosed area. "Enclosed area" means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters,
doors or passageways. A partition, partial wall or office divider is a demarcation of an enclosed area if it extends from
the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.
[2005, c. 257, §1 (amd).]
3. Private office.
[2005, c. 338, §1 (rp).]
4. Public place. "Public place" means any place not open to the sky into which the public is invited or allowed. Except as provided in section
1542, subsection 2, paragraph J, a private residence is not a public place.
[2003, c. 493, §2 (amd); §14 (aff).]
5. Restaurant.
[2003, c. 493, §3 (rp); §14 (aff).]
6. Smoking. "Smoking" includes carrying or having in one's possession a lighted cigarette, cigar, pipe or other object giving off tobacco
smoke.
[1993, c. 342, §1 (new); §9 (aff).]
7. Tobacco specialty store. "Tobacco specialty store" means a retail business under 2,000 square feet in which at least 60% of the business's gross
revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products.
[2005, c. 223, §1 (new).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1542. Smoking prohibited in public places
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1542. Smoking prohibited in public places
1. Prohibition. Smoking is prohibited in all enclosed areas of public places and all rest rooms made available to the public. In the case
of a child care facility that is not home-based, smoking is also prohibited in a facility-designated motor vehicle within
12 hours before transporting a child who is in the care of the child care facility, and whenever such a child is present in
the vehicle. Smoking is also prohibited in outdoor areas of the facility where children may be present.
[2005, c. 257, §2 (amd).]
2. Limitations. The prohibition in subsection 1 is subject to the following limitations.
A. Smoking is not prohibited in an enclosed area of a public place during a period of time that the facility containing the
enclosed area of the public place is not open to the public. During its normal business hours, a public place must be closed
for at least one hour to be considered "not open to the public."
[2005, c. 257, §3 (amd).]
B. Smoking is not prohibited in theaters or other enclosed structures used for plays, lectures, recitals or other similar purposes
if the smoking is solely by a performer and the smoking is part of the performance.
[1993, c. 342, §1 (new); §9 (aff).]
C. Smoking is not prohibited in any area where undertaken as part of a religious ceremony or as part of a cultural activity
by a defined group.
[1993, c. 342, §1 (new); §9 (aff).]
D.
[1999, c. 54, §3 (rp).]
E. Smoking in places of employment is governed by the provisions of section 1580-A. If public employees' rights provided in
collective bargaining agreements are affected by this section, the employees have the right to reopen negotiations for the
purpose of bargaining for smoking areas in nonpublic areas of publicly owned buildings.
[1993, c. 342, §1 (new); §9 (aff).]
F. Smoking in hospitals is governed by the provisions of section 1580-B.
[1993, c. 342, §1 (new); §9 (aff).]
G.
[2003, c. 493, §4 (rp); §14 (aff).]
H. Smoking is not prohibited in motel or hotel rooms that are rented to members of the public.
[1993, c. 342, §1 (new); §9 (aff).]
I.
[2005, c. 338, §2 (rp).]
J. Smoking is not prohibited in a private residence unless the private residence is used as a day care or baby-sitting service.
If a private residence is used as a day care or baby-sitting service, smoking is prohibited:
(1) In the residence, during the hours of operation as a day care or baby-sitting service;
(2) In outdoor areas on the property of that private residence, wherever a child under care may be present; and
(3) During the facility's hours of operation, in a motor vehicle owned or operated by the facility whenever a child under
care is in the vehicle.
[2005, c. 257, §4 (amd).]
K. Smoking is not prohibited in public places when beano or bingo games are being conducted in accordance with the provisions
of Title 17, section 314-A.
[2003, c. 379, §1 (amd).]
L. Smoking is not prohibited in a tobacco specialty store.
[2005, c. 223, §2 (amd).]
M.
[2005, c. 257, §5 (rp).]
N. Smoking is not prohibited in designated smoking areas in an off-track betting facility or simulcast racing facility at a
commercial track, if that facility is licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003, is purchased
from the owner or purchaser of a facility licensed pursuant to Title 8, chapter 11 and in operation on June 30, 2003 or is
moved to another location within the same municipality by the owner or purchaser of a facility licensed pursuant to Title
8, chapter 11 and in operation on June 30, 2003, as long as:
(1) No sales or services are provided in the designated smoking area, except that television equipment and stand-alone betting
terminals or other means of placing wagers may be provided;
(2) No employees work in or are required to pass through the designated smoking area;
(3) Members of the public, except for those who choose to be present in the designated smoking area, are not required to
utilize or pass through the designated smoking area for any purpose;
(4) No one under 18 years of age is permitted in the designated smoking area;
(5) The designated smoking area within the purchased or relocated off-track betting facility or purchased or relocated simulcast
racing facility has a floor area no larger than 2,000 square feet, except that any designated smoking area larger than 2,000
square feet and in existence on January 1, 2005 is exempt from this subparagraph;
(6) No slot machines are located within the off-track betting or simulcast racing facility. For the purposes of this subparagraph,
an off-track betting facility or a simulcast racing facility must be in a separately enclosed area, whether stand-alone or
within another facility, that is accessible by either an interior or exterior door; and
(7) The designated smoking area is located entirely within a separately enclosed area of an off-track betting facility or
simulcast racing facility and proper signs are mounted to the exterior of the designated smoking area indicating that use
of that area is for off-track betting and simulcast racing patrons only.
[2005, c. 362, §1 (amd).]
[2005, c. 223, §2 (amd); c. 257, §§2-5 (amd); c. 338, §2 (amd); c. 362, §1 (amd).]
3. Location of designated smoking area.
[2003, c. 493, §6 (rp); §14 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1543. Posting signs
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1543. Posting signs
Signs must be posted conspicuously in buildings where smoking is regulated by this chapter. Designated areas must have signs
that read "Smoking Permitted" with letters at least one inch in height. Places where smoking is prohibited must have signs
that read "No Smoking" with letters at least one inch in height or the international symbol for no smoking.
[1993, c. 342, §1 (new); §9 (aff).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1544. Retaliation prohibited
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1544. Retaliation prohibited
A person may not discharge, refuse to hire, discipline or otherwise retaliate against any person who pursues any remedy available
to enforce the requirements of this chapter.
[2005, c. 257, §6 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1545. Penalty
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1545. Penalty
A person who violates any provision of this chapter commits a civil violation for which a fine of $100 may be adjudged, except
that a fine of up to $1,500 may be adjudged for each violation of this chapter in cases when a person engages in a pattern
of conduct that demonstrates a lack of good faith in complying with this chapter.
[2005, c. 257, §7 (amd).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1546. Tobacco Tax Relief Fund (REPEALED)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1546. Tobacco Tax Relief Fund (REPEALED)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1547. Tobacco specialty store; entry prohibited for persons under 18 years of age
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1547. Tobacco specialty store; entry prohibited for persons under 18 years of age
A person under 18 years of age is prohibited from entering a business licensed as a tobacco specialty store unless accompanied
by a parent or legal guardian, regardless of whether smoking is allowed in that store.
[2005, c. 223, §3 (new).]
p align="center">22 §1547
p align="center">Enforcement
p align="center">(REPEALED)
p align="center">(REALLOCATED TO TITLE 22, SECTION 1548)
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
Title 22 - §1548. Enforcement (REALLOCATED FROM TITLE 22, SECTION 1547)
Title 22: HEALTH AND WELFARE
Subtitle 2: HEALTH
Part 3: PUBLIC HEALTH (HEADING: PL 1989, c. 487, @11 (rpr))
Chapter 262: SMOKING (HEADING: PL 1993, c. 342, @1 (new))
§1548. Enforcement (REALLOCATED FROM TITLE 22, SECTION 1547)
The Attorney General may bring an action to enforce this chapter in District Court or Superior Court and may seek injunctive
relief, including a preliminary or final injunction, and fines, penalties and equitable relief and may seek to prevent or
restrain actions in violation of this chapter by a person or any person controlling such person.
[RR 2005, c. 1, §5 (ral).]
The Revisor's Office cannot provide legal advice or
interpretation of Maine law to the public. If you need legal
advice, please consult
a qualified attorney.
Office of the Revisor of Statutes
7 State House Station
State House Room 108
Augusta, Maine 04333-0007
This page created on: 2005-10-01
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