An Act To Prohibit Smoking in Private Clubs Except in Separate Enclosed Areas
Maine Legislature, Session 125, LD 1230
Committee: Health and Human Services
Sponsors: BLODGETT, CRAVEN, BOLAND, EVES, GRAHAM, KNIGHT, SANBORN, STEVENS, SAVIELLO
Amends: 22 MRSA §1542, 22 MRSA §1580-A

Legislative Document 
No. 1230 
H.P. 921 
House of Representatives, March 22, 2011 
An Act To Prohibit Smoking in Private Clubs Except in Separate 
Enclosed Areas 
Reference to the Committee on Health and Human Services suggested and ordered printed. 
HEATHER J.R. PRIEST 
Clerk 
Presented by Representative BLODGETT of Augusta. 
Cosponsored by Senator CRAVEN of Androscoggin and 
Representatives: BOLAND of Sanford, EVES of North Berwick, GRAHAM of North 
Yarmouth, KNIGHT of Livermore Falls, SANBORN of Gorham, STEVENS of Bangor, 
Senator: SAVIELLO of Franklin. 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1.  22 MRSA §1542, sub-§1, as amended by PL 2009, c. 140, §1, is further 
amended to read: 
1.  Prohibition.  Smoking is prohibited in all enclosed areas of public places, outdoor 
eating areas as provided in section 1550, clubs as provided in section 1580-A, subsection 
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. 
Sec. 2.  22 MRSA §1580-A, sub-§2, ¶C-2, as enacted by PL 2005, c. 581, §1, is 
repealed. 
Sec. 3.  22 MRSA §1580-A, sub-§9, as amended by PL 2005, c. 683, Pt. G, §2 
and affected by §3, is repealed. 
Sec. 4.  22 MRSA §1580-A, sub-§10 is enacted to read: 
10.  Smoking in club's business facility.  Smoking is prohibited in a club's business 
facility except as provided in this subsection. 
A.  A club may allow smoking in an outdoor designated smoking area. 
B.  A club may allow smoking in an enclosed designated smoking area only if: 
(1)  No sales or services are provided, and no club events occur in the enclosed 
designated smoking area; 
(2)  No employees work in or are required to pass through the enclosed 
designated smoking area; 
(3)  Members of the club, except for those who choose to be present in the 
enclosed designated smoking area, are not required to use or pass through the 
enclosed designated smoking area for any purpose; 
(4)  No one under 18 years of age is permitted in the enclosed designated 
smoking area; and 
(5)  The enclosed designated smoking area does not comprise more than 20% of 
the total square footage open to members of the club. 
For purposes of this paragraph, "enclosed designated smoking area" means an indoor 
enclosed area designated as a place for smoking, separated from the other areas of the 
club by walls and designed to prevent smoke escaping from the designated area into 
the other areas of the club. 
SUMMARY 
Current law allows smoking in private clubs, such as those operated by fraternal 
orders or veterans’ organizations, under certain conditions, such as when approved by a 
vote of the members of the club.  This bill prohibits smoking in private clubs except in 
designated outdoor smoking areas and enclosed indoor areas designed to prevent the 
escape of smoke into the rest of the club.