The ban does not apply to tobacco shops. Businesses affected by the smoking ban could apply for a "hardship" waiver issued by local health departments. These waivers expire in 2011 and cannot be renewed. Businesses must show that the ban caused sales of food and beverages to decrease by 15 percent over a two-month period. Another way for businesses to qualify for the waiver is to demonstrate that they cannot recoup the cost of improvements (made prior to the ban) meant to reduce secondhand smoke.
The ban applies to indoor spaces only so some bars are setting up tents and tables outdoors. The ban defines an indoor space as "all space in a structure or building with a ceiling that is enclosed on all sides by any combination of permanent or temporary walls, windows, or doorways or other physical barriers extending from floor to the ceiling."
Enforcement
Business caught violating the ban will receive a warning on the first offense and a $100 fine on the second, but fines can escalate on subsequent offenses to more than $1,000.Local health departments such as the Baltimore City Health Department and Baltimore County Department of Healthare charged with enforcing the ban. Patrons who wish to report a violation of the smoking ban should call the local health department to make a complaint.
For the health department in Baltimore City call 410-396-4398 or dial 311 for a One Call Center representative. In Baltimore County call 410-887-0000 to be connected with the health department.
Latest Developments
The smoking ban was supposed to take effect one month earlier (January 1, 2008) in Baltimore City, but officials moved it to Feb. 1 to coincide with the Maryland state smoking ban.
The Baltimore City Council passed its smoking ban in February 2007, joining Montgomery, Howard, Prince George's and Talbot counties in a smoking ban. Baltimore City's action, just as the Maryland General Assembly session began, set the stage for statewide anti-smoking legislation passed in 2007. On April 9, the last day the 2007 legislative session of Maryland General Assembly, both houses approved a ban on smoking in bars and restaurants in Maryland. Governor Martin O'Malley signed the bill.
Other issues in the 2007 legislative session.
Background
- 2003- Montgomery County enacts smoking ban.
- 2004 - Baltimore City council rejects a nonbinding resolution to support statewide legislation.
- March 2005 - Smoking ban proposed to Baltimore City Council.
- June 2006 - Howard County joined Montgomery, Prince George's and Talbot in banning smoking.
- November 2006 - Baltimore City Mayor Martin O'Malley beats incumbent Gov. Robert Ehrlich in the 2006 governor's race. O'Malley has indicated support for a statewide smoking ban, while Ehrlich has opposed it.
- November 2006 - Baltimore City Council committee conducts its first hearing on a proposed smoking ban. Committee approves a ban on smoking in all public places and sends the proposal on to the full council.
- December 2006 - Baltimore City Councilman Robert W. Curran the main proponent of a citywide smoking ban delays vote on his smoking ban bill. Then mayor, Martin O'Malley, preferred a statewide ban on smoking. Delay means proposal will come for a vote after O'Malley is sworn in as governor on Jan. 17.
- February 2007 - Baltimore joined other major cities such as New York, Boston, Washington D.C. and Philadelphia in banning smoking in public places, including restaurants and bars. The Baltimore City Council, supported by Mayor Sheila Dixon, passed a ban on smoking in nearly all indoor public places. Under the ban, which will take effect Jan. 1, 2008, outdoor dining areas will be exempt under some circumstances.
- April 2007 - Maryland General Assembly approves statewide ban on smoking.
- February 2008 - Maryland's state wide smoking ban in bars and restaurants takes effect.
- December 2008 The Mayland Department of Health and Mental Hygiene issues rules of enforcement of the smoking ban.