Placement of Tobacco Products and Smoking Devices

Baltimore City Code div. Health Code, tit. 12, subtit. 4

in effect

Baltimore City Code, Health Code, § 12-401 Definitions.

§ 12-401. Definitions. (a) In general. In this subtitle, the following terms have the meanings indicated. (b) Electronic smoking device. “Electronic smoking device” has the meaning stated in § 12-101 {“Definitions”} of this title. (c) Tobacco product. (1) In general. “Tobacco product” means any substance that contains tobacco. (2) Inclusions. “Tobacco product” includes any: (i) cigarette; (ii) cigar; (iii) bidi; (iv) pipe or other smoking tobacco; or (v) chewing tobacco, spit tobacco, snuff, or other smokeless tobacco. (Ord. 14-310; Ord. 01-076.)

Baltimore City Code, Health Code, § 12-402 Placement requirements — In general.

§ 12-402. Placement requirements — In general. (a) Prohibited placement. Except as otherwise specified in this subtitle, no establishment that sells tobacco products or electronic smoking devices at retail may display, store, or place any tobacco product or electronic smoking device anywhere that is accessible to customers without the intervention of the seller or an employee of the seller. (b) Examples of complying placement. The display, storage, or placement of tobacco products or electronic smoking devices in accord with one of the following methods does not violate subsection (a) of this section: (1) behind a sales counter in a place that, absent extraordinary efforts, is beyond the physical reach of customers; (2) in a locked display case for which seller assistance is needed to gain access to products in the case; or (3) in an overhead merchandise rack that: (i) at its lowest point, is at least 6 feet above the floor; and (ii) permits access to products in the rack only from the side facing away from customers. (Ord. 14-310; Ord. 01-076.)

Baltimore City Code, Health Code, § 12-403 Placement requirements — Exceptions.

§ 12-403. Placement requirements — Exceptions. This subtitle does not apply to: (1) the sale of tobacco products or electronic smoking devices from a vending machine that complies with all requirements of State Business Regulation Article, Title 16, Subtitle 3A; or (2) an establishment that: (i) sells tobacco products or electronic smoking devices exclusively or primarily; and (ii) makes bona fide efforts to prevent minors from entering the establishment. (Ord. 14-310; Ord. 01-076.)

Baltimore City Code, Health Code, §§ 12-404 to 12-405 {Reserved}

Baltimore City Code, Health Code, § 12-406 Enforcement by citation.

§ 12-406. 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 under City Code Article 1, Subtitle 40 {“Environmental Control Board”}; or (2) a civil citation under 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. 03-595; Ord. 01-076.)

Baltimore City Code, Health Code, § 12-407 Penalties: $500.

§ 12-407. Penalties: $500. (a) In general. Any owner, operator, or manager of an establishment that violates any provision of this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine of not more than $500 for each offense. (b) Each day a separate offense. Each day that a violation continues is a separate offense. (Ord. 01-076.)

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/12/4Fetched: 10/25/2026