Indoor Smoking

Baltimore City Code div. Health Code, tit. 12, subtit. 1

in effect

Baltimore City Code, Health Code, § 12-101 Definitions.

§ 12-101. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Electronic smoking device. (1) In general. “Electronic smoking device” means an electronic or battery-operated device that delivers vapors for inhalation, whether manufactured , distributed, marketed, or sold: (i) as an electronic cigarette, electronic cigar, or electronic pipe; or (ii) by any other product name or descriptor. (2) Exclusions. “Electronic smoking device” does not include an asthma inhaler or similar product that: (i) contains no tobacco nor any nicotine; and (ii) has been specifically approved by the U.S. Food and Drug Administration for use in mitigating, treating, or preventing disease. (c) Enclosed area. (1) “Enclosed area” means an area that is bounded on all sides by walls that extend, with or without doors, windows, vents, or like openings, from floor to ceiling. (2) “Enclosed area” includes the interior of a vehicle. (d) Person in charge. “Person in charge” means the person who owns, operates, or manages a place subject to this subtitle. (e) Smoke. “Smoke” means to: (1) inhale, burn, or carry any lighted cigarette, cigar, or pipe tobacco, or any other tobacco, weed, or plant product of any kind; or. (2) to inhale vapors from or otherwise allow vapors to be emitted from an electronic smoking device. (Ord. 14-310; Ord. 07-392.)

Baltimore City Code, Health Code, § 12-102 Scope.

§ 12-102. Scope. Nothing in this subtitle precludes an employer or other person in charge from prohibiting smoking in open or enclosed areas not covered by this subtitle. (Ord. 07-392.)

Baltimore City Code, Health Code, §§ 12-103 to 12-104 {Reserved}

Baltimore City Code, Health Code, § 12-105 Where smoking prohibited.

§ 12-105. Where smoking prohibited. Except as otherwise specified in this subtitle, smoking is prohibited in: (1) any enclosed area to or in which the public is invited or permitted; or (2) any enclosed area that is part of a place of employment. (Ord. 07-392.)

Baltimore City Code, Health Code, § 12-106 Exceptions – General.

§ 12-106. Exceptions – General. This subtitle does not apply to the following: (1) any part of a private residence that is not open to the public for business purposes, except as required by COMAR 13A.14.01. (2) a private vehicle. (3) a sleeping room in a hotel or motel, as long as that hotel or motel maintains at least 75% of all its sleeping rooms as smoke-free. (4) smoking as an integral part of a theatrical performance held in a facility primarily used for theatrical performances. (5) smoking as an integral part of a religious ceremony. (6) smoking at an analytical or educational laboratory as an integral part of scientific research into the health effects of smoke. (7) smoking that is permitted in a hospital, nursing home, or other health care facility under State Health-General Article, § 24-205. (Ord. 07-392.)

Baltimore City Code, Health Code, § 12-107 Exceptions – Retail tobacco establishments; Hookah lounges.

§ 12-107. Exceptions – Retail tobacco establishments; Hookah lounges. (a) In general. This subtitle does not apply to a retail tobacco establishment or a hookah lounge that qualifies under this section. (b) Retail tobacco establishments. A retail tobacco establishment qualifies under this section only if it: (1) derives at least 75% of its revenues, measured by average daily receipts, from the sale of non-cigarette tobacco products; (2) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (3) prohibits the entry of minors at all times. (c) Hookah lounges. (1) “Hookah lounge” defined. In this subsection, “hookah lounge” means an establishment that is primarily devoted to the on-premises use of 1 or more hookahs (also known as a hookah pipe, water pipe, shisha, or narghile) for smoking tobacco or other substances. (2) Qualifications. A hookah lounge qualifies under this section only if it: (i) meets the criteria listed in State law; (ii) derives at least 75% of its revenues, measured by average daily receipts, from the sale or use of non-cigarette smoking products and accessories; (iii) has a ventilation system that prevents smoke from infiltrating into any area where smoking is prohibited under this subtitle; and (iv) prohibits the presence of minors at all times. (Ord. 18-124; Ord. 07-392.)

Baltimore City Code, Health Code, § 12-107.1 Exceptions – Retail sellers of electronic smoking devices.

§ 12-107.1. Exceptions – Retail sellers of electronic smoking devices. This subtitle does not apply to the use of electronic smoking devices in a business establishment in which: (1) the primary activity is the retail sale of electronic smoking devices, accessories, and related products; (2) the sale of other products is incidental; and (3) the entry of minors is prohibited at all times. (Ord. 14-310.)

Baltimore City Code, Health Code, § 12-107.2 Exceptions – Electronic smoking devices in certain restaurants and taverns.

§ 12-107.2. Exceptions – Electronic smoking devices in certain restaurants and taverns. (a) Definitions. (1) In general. In this section, the following terms have the meanings indicated. (2) Restaurant. “Restaurant” means a business establishment that: (i) is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and (ii) might or might not also serve alcoholic beverages. (3) Tavern. “Tavern” means a business establishment that: (i) is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and (ii) might or might not also serve food. (b) In general. This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be. (c) Method and tenor of notification. (1) The notification required by this section must be provided both: (i) by a prominently posted notice, at least 17" x 22", that is clearly readable by all patrons on entry to the establishment; and (ii) by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons. (2) The tenor of the notices must be substantially as follows: “This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}.” (Ord. 14-310.)

Baltimore City Code, Health Code, § 12-107.3 Exceptions – Electronic smoking devices in video lottery facility.

§ 12-107.3. Exceptions – Electronic smoking devices in video lottery facility. This subtitle does not apply to the use of electronic smoking devices in a facility that has been awarded a Video Lottery Operation License by the Maryland Video Lottery Location Commission under State Government Article, Title 9, Subtitle 1A. (Ord. 14-310.)

Baltimore City Code, Health Code, § 12-108 Waivers.

§ 12-108. Waivers. (a) Authority to grant. On written application, the Commissioner may grant a waiver from the application of a specific provision of this subtitle, if the applicant for the waiver establishes that: (1) compliance with that provision would cause undue financial hardship; or (2) other factors exist that would render compliance unreasonable. (b) Conditions and restrictions. The Commissioner may impose conditions or restrictions on the waiver as necessary or appropriate to: (1) minimize the adverse effects of the waiver on individuals involuntarily exposed to second-hand smoke; and (2) ensure that the waiver is consistent with the purposes of this subtitle. (Ord. 07-392.)

Baltimore City Code, Health Code, §§ 12-109 to 12-110 {Reserved}

Baltimore City Code, Health Code, § 12-111 Enforcement by citation.

§ 12-111. Enforcement by citation. (a) In general. In addition to any other civil or criminal remedy or enforcement procedure, this subtitle may be enforced by issuance of: (1) an environmental citation as authorized by City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation as authorized by City Code Article 1, Subtitle 41 {“Civil Citations”}. (b) Process not exclusive. The issuance of a citation to enforce this subtitle does not preclude pursuing any other civil or criminal remedy or enforcement action authorized by law. (Ord. 07-392.)

Baltimore City Code, Health Code, § 12-112 Penalties: Varied.

§ 12-112. Penalties: Varied. (a) Smoker: $500. Any person who smokes in violation of this subtitle is subject to a civil fine of not more than $500 for each offense. (b) Employer or person in charge: $750. (1) Any employer or other person in charge who violates a provision of this subtitle or who knowingly allows a violation is subject to a civil fine of not more than $750 for each offense. (2) It is an affirmative defense that the employer, other person in charge, or an agent of the employer or other person in charge: (i) posted a “No Smoking” sign at each entrance used by the public; and (ii) removed all ashtrays and other smoking paraphernalia from all areas where smoking is prohibited; and (iii) in a bar or restaurant: (A) refused to seat or serve any person who smoked where smoking is prohibited; and (B) if the person continued to smoke after an initial warning, asked the person to leave the establishment. (3) Each day that a violation continues is a separate offense. (Ord. 10-340; Ord. 07-392.)

Source: City of Baltimore Department of Legislative Reference, City of Baltimore Law Library (codes.baltimorecity.gov; Open Law Library bulk XML)URL: https://codes.baltimorecity.gov/us/md/cities/baltimore/code/health/12/1Fetched: 10/25/2026