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Food and Facilities Licensing

Environmental Health - Smoking Laws

This unit enforces the regulations associated with smoking.  

Montgomery County Smoke-Free Playground Areas and Common Areas in Apartments/Condominiums

The Montgomery County Board of Health Regulation 17-210 effective August 12, 2011 bans:

 To download and print a "No Smoking" sign, please click here. (insert PDF)

Landlord and Management Companies: To download a sample notification letter to tenants click here. (insert sample letter)

Penalties: 

A person who violates this regulation is subject to the following penalties:

      (1) A written reprimand for first violation;

      (2) Civil penalty of $100 for the second violation;

      (3) A civil penalty of $500 for the third violation; and

      (4) A civil penalty of $1,000 per violation for each subsequent violation

Complaints regarding possible violations MUST be submitted in writing.  Click here for complaint form  (insert complaint form).  

Compliance questions: Call 240-777-3831.

 

Montgomery County Smoke-Free Workplace

Effective Date:

Thursday, October 9, 2003

The Montgomery County law prohibiting smoking in all sections of Eating and Drinking Establishments became effective on October 9, 2003. The law is designed to protect both staff and patrons from the harmful effects of tobacco smoke.

Chapter 24-9 prohibits smoking in certain public places, such as: elevators, health care facilities, schools, other education facilities, County government buildings, theaters, movie theaters, rail transit stations, businesses or organizations open to the public, retail stores, banks, offices, factories, eating and drinking establishments, restrooms, enclosed auditoriums, concert halls, and lecture halls. Signs prohibiting smoking must be posted conspicuously at each entrances to a public place covered by this section.

Compliance consists of two elements:

Service Requirement: The owner or management of an establishment or covered area must refuse to serve or seat anyone who smokes in a prohibited area and must ask them to leave if he/she continues to smoke. We suggest that the initial contact with the smoker is to remind them that smoking is prohibited as mandated by County law and ask them to extinguish it immediately.

Download No Smoking Signs

 

 

Penalties:

The fine for violating the law is $50 for the first offense. A patron as well as the establishment can be fined for violating the law. The Department of Health and Human Services may suspend the license of an Eating and Drinking Establishment (Food Service Facility) for up to three days for failure to maintain properly posted signage or for permitting patrons to smoke in their establishments.

 

Maryland and Local Smoking Laws/Regulations

Montgomery County Code § 24 - Health and Sanitation

 

 

 

Code of Maryland Regulation (COMAR) 10.15.03.05 B (3) - Food Service Facilities

Contact Information

Office of Licensure and Regulatory Services

255 Rockville Pike, 1st Floor

Rockville, MD 20850

Office Number  240-777-3986 

Fax Number  240-777-3088 

E-Mail Address  LICREGMAIL@Montgomerycountymd.gov

 

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