An Act To Allow Eating Establishments To Permit Smoking Tobacco in Designated Outdoor Eating Areas
Maine Legislature, Session 129, LD 0416
Committee Amendment CA_A_H62 (House)
Amends: 22 MRSA §1541, 22 MRSA §1542, 22 MRSA §1543, 22 MRSA §1550

FffiST REGULAR SESSION 
COMMITTEE AMENDMENT "A" to H.P. 325, L.D. 416, Bill, "An Act To Allow 
Eating Establishments To Permit Smoking Tobacco in Designated Outdoor Eating Areas" 
Amend the bill by strildng out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 22 MRSA §1541, sub-§1, as amended by PL 2005, c. 257, §1, is further 
amended to read: 
1. Designated smoking area. "Designated smoking area" means an enclosed area 
or outdoor eating area designated as a place for smoking. A designated area must be 
designed to prevent smoke escaping from the designated area into a public place. 
Sec. 2. 22 MRSA §1541, sub-§2-A is enacted to read: 
2-A. Outdoor eating area. "Outdoor eating area" means a patio, deck or other 
property that is partially enclosed or open to the sky that is permitted for outdoor eating 
or drinking under the control of an eating establishment. as defmed in section 2491. 
subsection 7. as long as food or drink is served by the eating establishment to the public 
for consumption on the premises. 
Sec. 3. 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, om:door 
eating areas as pwvided in section 1550 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. 4. 22 MRSA §1542, sub-§2, 10 is enacted to read: 
0. Smoking is not prohibited in an outdoor eating area as provided by section 1550. 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT" A· to H.P. 325, L.D. 416 
Sec. 5. 22 MRSA §1543, as enacted by PL 1993, c. 342, §1 and affected by §9, is 
amended to read: 
§1543. Posting signs 
Signs must be posted conspicuously in buildings where smoking is regulated by this 
chapter. Designated smoking areas must have signs that read "Smoking Permitted" with 
letters at least one inch in height. Places where smoking is prohibited must have signs 
that read "No Smoking" with letters at least one inch in height or the international symbol 
for no smoking. 
Sec. 6. 22 MRSA §1550, as enacted by PL 2009, c. 140, §2, is amended to read: 
§1550. Smoking in outdoor eating areas 
1. DefluitioH. A.s used i-n this section, "outdoor eating wea" means a patio, deck or 
other property that is partially enclosed or open to the sky that is permitted for outdoor 
eating or drinking under the control of an eating establishment, as defined i-n section 
2491, subsection 7, as long as food or drink is serv:ed by the eating establishment to the 
public for consumption on the premises. 
2. Smoking. Smoking is not prohibited in an outdoor eating area if the outdoor 
eating area or any portion thereof is open and av,ailable for dining and beverage service 
no one under 21 years of age is permitted in the outdoor eating area. 
3. Notification; request for compliance. An eating establishment. as defined in 
section 2491, subsection 7. with an outdoor eating area shall post signs, in accordance 
with section 1543, notify its patrons of the prohibition on whether smoking is prohibited 
in the outdoor eating areas area and request that all persons within an the outdoor eating 
area comply with this section. 
4. 
Protection of employees. If an eating establishment allows smoking in an 
outdoor eating area. the eating establishment shall: 
A. 
Prohibit employees of the eating establishment from providing dining and 
beverage service in the outdoor eating area; 
B. Require its patrons to obtain and purchase food and drink in an area of the eating 
establishment that prohibits smoking; and 
C. Maintain and enforce policies that limit the circumstances in which employees of 
the eating establishment may enter an outdoor eating area during the times in which 
smoking is allowed.' 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill. It 
amends the laws about smoking in public places to not prohibit smoking in an outdoor 
eating area of an eating establishment as long as no one under 21 years of age is 
permitted in the outdoor eating area. It requires an eating establishment that allows 
smoking to prohibit employees of the eating establishment from providing dining and 
beverage service in an outdoor eating area, require its patrons to obtain and purchase food 
and drink in an area of the eating establishment that prohibits smoking and maintain and 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT .;1,, to H.P. 325, L.D. 416 
enforce policies that limit the circumstances in which employees of an eating 
establishment may enter an outdoor eating area during the times in which smoking is 
allowed. 
COMMITTEE AMENDMENT