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(a) Findings.
(1) The United States Environmental Protection Agency has determined that:
(A) lead is a toxic metal that is harmful to human health;
(B) children are at a greater risk from lead exposure than adults; and
(C) there is no safe level of lead for children.
(2) MD Code, Environment, §§ 6-1501 and 6-1502 require public and nonpublic schools to:
(A) regularly test for lead in drinking water outlets located in each occupied school building;
(B) within 24 hours, prevent all physical access to water from a drinking water outlet with an elevated level of lead until the problem is mitigated; and
(C) report the results of all lead testing to the Maryland Department of the Environment.
(3) A lead level in a drinking water outlet greater than 5 parts per billion is a danger to children in public schools.
(b) Definitions. In this Section, the following words have the following meanings:
Action level means a level of lead in water, which if exceeded, requires a school to take remedial action, notification, and follow-up-sampling.
Director means the Director of the Department of Environmental Protection or the Director’s designee.
Drinking water outlet means a potable water fixture that is used for drinking or food preparation. A drinking water outlet includes:
(1) a water fountain, faucet, or tap that is used or potentially used for drinking or food preparation;
(2) an ice-making machine;
(3) a hot drink machine; and
(4) any sink that is known to be used for human consumption.
County lead limit means a lead concentration in drinking water of 5 parts per billion in a 250 milliliter first-draw.
Public school means a school operated by the Montgomery County Board of Education or a public charter school established by the Montgomery County Board of Education.
State regulations means the Code of Maryland Regulations, Title 26, Department of the Environment, Subtitle 16, Lead, Chapter 07, Lead in Drinking Water – Public and Nonpublic Schools, as amended.
(c) Action level. A public school must:
(1) complete all testing and reporting required by the State regulations;
(2) submit a copy of all test results and reports required by the State regulations to the Director; and
(3) take the remedial action, notification, and follow-up sampling required for an elevated level of lead under the State regulations for any drinking water outlet with a lead concentration that is greater than the County lead limit.
(2019 L.M.C., ch. 7, § 1.)
(a) Definitions. In this Article, the following words and phrases have the meanings indicated:
Bus stop means a location that has been designated by a pole and appropriate signage as a place where passengers board or alight a bus.
Bus stop area means a rectangular area surrounding a bus stop pole which extends 25 feet along the curb on each side of the pole and 15 feet from the curb.
Eating and drinking establishment means an establishment regulated under Chapter 15.
Electronic cigarette means any product containing or delivering nicotine or any other substance intended for human consumption that can be used by a person to simulate smoking through inhalation of vapor or aerosol from the product. Electronic cigarette includes any such device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, e-hookah, or vape pen, or under any other product name or descriptor. Electronic cigarette includes any component, part, or accessory of an electronic cigarette, whether or not sold separately, that is used during the operation of the electronic cigarette, but does not include any battery or battery charger that is sold separately.
Enclosed means separated by walls that extend from floor to ceiling and under a roof.
Health care facility means any office or institution where individual care or treatment of physical, mental, or emotional illness, or any other medical, physiological, or psychological condition is provided. Health care facility includes any hospital, clinic, nursing home for the aging or chronically ill, laboratory, or office of any physician, dentist, psychologist, psychiatrist, physiologist, podiatrist, optometrist or optician.
Outdoor serving area means a patio, deck, porch, or other outdoor seating or serving area, whether partially enclosed or open to the sky, that is permitted for outdoor eating or drinking under the control of an eating and drinking establishment.
Person means any individual, firm, partnership, association, corporation, company, or organization of any kind.
Public place means an enclosed area in which members of the public are normally invited or permitted.
Public meeting means any meeting wherever held, open to the public with no membership requirement.
Rail transit station means an area that:
(1) Includes the fare-paid and roofed areas;
(2) Is a regular stopping place for the pickup and discharge of passengers in regular route service, contract service, or special or community type service; and
(3) Is owned, operated, or controlled by the Washington Metropolitan Area Transit Authority.
Retail store means any establishment whose primary purpose is to sell merchandise or food for consumption off the premises, directly to consumers.
Smoking or smoke means the act of lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe, of any kind.
Tobacco shop means any store that primarily sells tobacco, tobacco products and pipes or other implements used to smoke tobacco. “Tobacco shop” does not include an area of a larger store in which tobacco is sold.
Vape shop means any store that primarily sells electronic cigarettes. Vape shop does not include an area of a larger store in which electronic cigarettes are sold.
Vaping or vape means the act of using an electronic cigarette.
Workplace means an enclosed area or any part of an enclosed area used in the performance of employment or related activities. Workplace includes a motor vehicle owned or leased by the employer, conference room, auditorium, library, office machine station, lunchroom, vending area, locker room, lounge, hallway, or stairwell.
(b) Smoking and vaping are prohibited in certain public places. A person must not smoke or use any electronic cigarette in or on any:
(1) Elevator, regardless of capacity, except elevators in single-family dwellings as provided by state law;
(2) Health care facility, regardless of capacity, except:
(A) In the private, enclosed sleeping or living quarters of persons working in a health care facility where patients and members of the public are not normally present; and
(B) In patient sleeping quarters, if:
1. All patients assigned to the room have agreed to have the room designated as a smoking area;
2. The administrator of the facility, or a designee, has designated the room as a smoking area; and
3. A reasonable effort is made to assign patients to sleeping rooms according to the patient’s nonsmoking or smoking preference;
(3) School or other educational facility operated by the Montgomery County public schools or Montgomery College, except when expressly permitted under state law;
(4) Building or part of a building owned or leased by County government, and any private building or part of a building during a public meeting called by a government body;
(5) Theatre or movie theater;
(6) County government workplace, including any privately-owned workplace where County employees are regularly assigned;
(7) Rail transit station;
(8) Business or organization open to the public, including a retail store, bank, office, factory, eating and drinking establishment, or any other private business or organization;
(9) Restroom, except a restroom in a private residence;
(10) Enclosed auditorium, concert or lecture hall;
(11) property that is owned or leased by the County, including a bus shelter or bus stop area, but excluding any other part of a County right-of-way; or
(12) outdoor serving area, except as provided in paragraph (c)(9) or (e).
(c) Exceptions. Smoking or vaping is not prohibited by this Section:
(1) In a tobacco shop or a vape shop;
(2) In a vehicle, when used in the course of employment and occupied by only one individual;
(3) When smoking or vaping is necessary to the conduct of scientific research into the health effects of tobacco smoke and is conducted at an analytical or educational laboratory;
(4) In any part of a private residence which is not open to the public for business purposes;
(5) In up to 40% of the sleeping rooms in a hotel or motel;
(6) In up to 40% of the premises of a fraternal, religious, patriotic, or charitable organization or corporation or fire company or rescue squad during an event that the organization or corporation holds on its own property and which is open to the public;
(7) In the bar and dining area of an eating and drinking establishment that:
(A) is a club as defined in the state alcoholic beverages law:
(B) has an alcoholic beverages license issued to private clubs under the state alcoholic beverages law; and
(C) allows consumption of alcoholic beverages on its premises;
(8) In any occupied residential unit owned or leased by the County for as long as the occupant on May 27, 2013 retains possession of the unit;
(9) On a golf course or in an outdoor seating area associated with a golf course if employees of an eating and drinking establishment do not serve food or drink in the outdoor seating area; and
(10) In an area designated by the Director of the Department of Health and Human Services under subsection (d).
(d) Notwithstanding paragraph (b)(11), the Director of the Department of Health and Human Services may designate an outside area on property that is owned or leased by the County where smoking or vaping is allowed if the Director finds that a complete prohibition on that property would impede a program’s mission or effective delivery of services.
(e) Outdoor serving areas.
(1) An eating and drinking establishment may designate a portion of an outdoor serving area that is on a rooftop or balcony where smoking or vaping is allowed.
(2) This paragraph does not apply in a municipality that prohibits smoking or vaping in an outdoor serving area.
(f) Posting signs.
(1) Except as provided in paragraph (e)(4), signs prohibiting or permitting smoking or vaping, as the case may be, must be posted conspicuously at each entrance to a public place covered by this Section.
(2) Where smoking or vaping is prohibited by this Section, the sign either must read “No smoking or vaping by order of Montgomery County Code § 24-9. Enforced by (department designated by the County Executive)” or be a performance- oriented sign such as “No Smoking or Vaping” or “This is a Smoke Free Establishment.” The international no-smoking symbol may replace the words “No smoking.”
(3) Signs need not be permanently attached to a structure. The owner and the person in control of the room or area are both responsible for posting the required signs.
(4) The Director of Health and Human Services may waive the requirement of paragraph (e)(1) on County property, or require a sign to be posted in another location, if the Director finds, after consulting with the Director of General Services, that posting a sign at an entrance is not feasible.
(g) Duty to prevent smoking in certain areas. The owner or person in control of a building or area covered by this Section must refuse to serve or seat any person who smokes or vapes where smoking or vaping is prohibited, and must ask the person to leave the building or area if the person continues to smoke or vape after proper warning.
(h) Optional smoking restrictions. The owner or person in control of any property not covered in subsection (b) or exempted under subsection (c) may prohibit or restrict smoking as provided in this Section by notifying, in writing, the department designated to enforce this Section and by posting appropriate signs. The department must enforce the prohibition or restriction wherever signs are posted until the owner or person in control of the property notifies the department in writing that the owner or person in control has revoked the prohibition or restriction and removed all signs.
(i) Limitations. This Section does not:
(1) allow any person to smoke at any place where smoking is otherwise restricted; or
(2) prevent an owner or person in charge from prohibiting smoking entirely at any business or workplace.
(j) Other laws still apply.
(1) This Section adds to, and does not replace or restrict, any other applicable federal, state, or County law or regulation.
(2) This Section does not allow smoking where smoking is restricted by any applicable fire prevention rule or regulation.
(k) Regulations. The County Executive may adopt reasonable regulations under method (2) to enforce this Section.
(l) Enforcement and penalties.
(1) Any violation of this Article is a class C civil violation. Each day a violation exists is a separate offense.
(2) The County Attorney or any affected party may file an action in a court with jurisdiction to enjoin repeated violations of the Section.
(3) The County Executive must designate by Executive order one or more County departments or agencies to enforce this Article.
(4) The Director of the Department of Health and Human Services may suspend a license issued under Chapter 15 for up to 3 days if the Director finds, under the procedures of Section 15-16, that the operator of an eating and drinking establishment has knowingly and repeatedly violated any provision of this Section. (1977 L.M.C., ch. 33, § 1; 1980 L.M.C., ch. 19, § 1; 1983 L.M.C., ch. 2, § 1; 1983 L.M.C., ch. 22, § 27; 1984 L.M.C., ch. 24, § 25; 1986 L.M.C., ch. 35, § 1; 1988 L.M.C., ch. 31, § 1; 1990 L.M.C., ch. 32, § 1; 1994 L.M.C., ch. 2, § 1; 1995 L.M.C., ch. 13, § 1; 1999 L.M.C., ch. 4, § 1; 2003 L.M.C., ch. 12, § 1; 2013 L.M.C., ch. 5, § 1; 2015 L.M.C., ch. 8, § 2; 2019 L.M.C., ch. 4, §1; 2019 L.M.C., ch. 23, §1; 2020 L.M.C., ch. 11, §1; 2020 L.M.C., ch. 12, §1.)
Editor’s note—County Council Resolution No. 19-54 adopted smoking and vaping restrictions in certain outdoor serving areas as a Board of Health Regulation effective June 13, 2019.
2015 L.M.C., ch. 36, § 4, states: The Editor’s note below (2003 L.M.C., ch. 12, § 3) is repealed (effective approximately April 2016): “Marketing Assistance. The Department of Economic Development must establish and administer a fund, subject to appropriation, to provide marketing assistance to County restaurants affected by the provisions of this law. The Department must develop criteria for use of these funds and report to the Council quarterly on expenditures from the fund.”
2015 L.M.C., ch. 36, § 8, also states, in part: All other provisions of this Act take effect 180 days after the Montgomery County Economic Development Corporation is designated under Section 30B-2.
County Council Resolution No. 17-210 adopted smoking restrictions in common areas of certain multiple-family residential dwellings and certain playground areas as a Board of Health Regulation effective August 11, 2011.
Former Sec. 24-9A, Smoking in eating and drinking establishments, which was derived from 1987 L.M.C., ch. 43, § 1, 1989 L.M.C., ch. 1, § 4, 1995 L.M.C., ch. 13, §§ 1 and 5, and Council Resolution No. 14-70, was repealed by 2003 L.M.C., ch. 12, § 1. The Court of Appeals declared Council Resolution No. 14-70 invalid because it was adopted without the participation of the County Executive, who is part of the County’s governing body. Montgomery County, Maryland v. Anchor Inn Seafood Restaurant, 374 Md. 327, 822 A.2d 429 (2003).
2003 L.M.C., ch. 12, §§ 2 and 3, state:
“Sec. 2. Severability; legislative intent. (a) The County Council intends that, if a court issues a final decision holding that any part of County Code Section 24-9, as amended by Section 1 of this Act, or the application of Section 24-9 to any person or circumstance, is unconstitutional or invalid, the remaining provisions of Section 24-9 and the application of that Section to all other persons and circumstances remain in full effect. (b) Without limiting the generality of subsection (a), if the exemption from the prohibitions of Section 24-9 that is contained in subsection 24-9(c)(7), as inserted by Section 1 of this Act, is held to be unconstitutional or invalid on its face or as applied to any person or circumstance, then the Council intends that: (1) the exemption be severed from the remainder of Section 24-9; and (2) all provisions of Section 24-9, as otherwise amended by Section 1 of this Act, continue in effect and apply to all eating and drinking establishments, including those eating and drinking establishments that were exempted under subsection 24-9(c)(7), as inserted by Section 1 of this Act.”
“Sec. 3. Marketing Assistance. The Department of Economic Development must establish and administer a fund, subject to appropriation, to provide marketing assistance to County restaurants affected by the provisions of this law. The Department must develop criteria for use of these funds and report to the Council quarterly on expenditures from the fund.”
The effective date of 1999 L.M.C., ch. 4, is June 29, 1999. 1995 L.M.C., ch. 13, § 5, states: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13 continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
County Council Resolution No. 14-70 adopted smoking restrictions in eating and drinking establishments as a Board of Health Regulation effective January 1, 2002.
(a) In order to reduce the accessibility of tobacco products to minors, a person must not install or maintain a vending machine which dispenses a tobacco product anywhere in the County except inside a private club that is licensed to serve alcoholic beverages. A vending machine located inside any private club must not be placed in any restroom, coatroom, unmonitored hallway, outerwaiting area, or other unattended place.
(b) As used in this Section:
(1) minor means any person under 18 years old;
(2) tobacco product means any cigarette or cigar containing tobacco, pipe tobacco, smokeless or chewing tobacco, and any other product that contains tobacco; and
(3) vending machine means any electronic, mechanical, or other device that dispenses a tobacco product.
(c) Any violation of this Section is a Class A violation. Both the owner of the vending machine and the owner of the business or residence in which the machine is located are responsible for complying with this Section. The Health and Human Services Department and any other agency designated by the County Executive must enforce this Section. (CY 1991 L.M.C., ch. 24, § 1; 1992 L.M.C., ch. 2, § 1; 1995 L.M.C., ch. 13, §1; 2015 L.M.C., ch. 8, § 2.)
Editor’s note—Section 24-9B (now Section 24-10) was declared invalid in Allied Vending, Inc. et. al. v. Montgomery County, Civil No. 80353 (Cir. Ct. Montgomery County, 4/19/93). In Allied Vending, Inc. v. City of Bowie, 332 Md. 279, 631 A.2d 77 (1993) the court held that the State cigarette licensing scheme has preempted local laws regulating the location of cigarette vending machines.
1995 L.M.C., ch. 13, § 5, reads as follows: “Sec. 5. A regulation that implements a function assigned to the Department of Health and Human Services by 1995 L.M.C., ch. 13, continues in effect but is amended to the extent necessary to provide that the regulation is administered by the Director of the Department of Health and Human Services.”
Former Section 24-10, Board of community and mental health - duties, was repealed by 1974 L.M.C., ch. 2, §2.
(a) Definitions. In this Section the following words have the meanings indicated.
Distribute means to:
(1) give away, sell, deliver, dispense, or issue;
(2) offer to give away, sell, deliver, dispense, or issue; or
(3) cause or hire any person to give away, sell, deliver, dispense, or issue or offer to give away, sell, deliver, dispense, or issue.
Electronic cigarette has the same meaning as in Section 24-9.
Tobacco product means any substance containing tobacco, including cigarettes, cigars, smoking tobacco, snuff, or smokeless tobacco.
(b) Unlawful distribution.
(1) A person engaged in the business of selling or otherwise distributing tobacco products for commercial purposes must not distribute any tobacco product, cigarette rolling paper, coupon redeemable for any tobacco product, or electronic cigarette to an individual under 21 years old, unless:
(A) the individual is acting solely as the agent of the minor’s employer who is engaged in the business of distributing tobacco products; or
(B) the individual is:
(i) at least 18 years of age;
(ii) is an active duty member of the military; and
(iii) presents a valid military identification.
(2) A person, who is not a person described under paragraph (b)(1), must not buy for, sell to, or deliver to an individual under 21 years old any tobacco product, cigarette rolling papers, or electronic cigarette, unless the individual under 21 years old is:
(A) at least 18 years of age;
(B) is an active duty member of the military; and
(C) presents a valid military identification.
(c) Subsection (b) does not apply to the distribution of a coupon which is redeemable for any tobacco product when the coupon is contained in a newspaper, a magazine, or any other type of publication in which the coupon is incidental to the primary purpose of the publication, or sent through the mail.
(d) A person has not violated this Section if:
(1) that person examined a driver’s license, military identification, or another valid identification issued by an employer, a government entity, or an institution of higher education; and
(2) that license or other identification positively identified the buyer or recipient of a tobacco product or electronic cigarette as at least 21 years old or is at least 18 years old and has a valid military identification.
(e) If an individual under 21 years old bought a tobacco product or electronic cigarette from a vending machine, this Section does not apply to the owner of the vending machine or any other person with control over the vending machine.
(f) A person who violates this Section is liable for a civil violation. The maximum civil fine is $1000 for a first offense and $1000 for each subsequent offense. (1998 L.M.C., ch. 15, § 1; 2015 L.M.C., ch. 8, § 2; 2015 L.M.C., ch. 53, § 1; 2020 L.M.C., ch. 12, §1.)
Editor’s note—County Council Resolution No. 13-1410 adopted 1998 L.M.C., ch. 15 (Bill No. 13-98) as a Board of Health Regulation.
County Council Resolution No. 18-381 adopted distribution restrictions to minors as a Board of Health Regulation effective February 21, 2016.
Editor’s note—County Council Resolution No. 18-381
adopted distribution restrictions to minors as a Board of Health Regulation effective February 21, 2016.
County Council Resolution No. 13-1410 adopted 1998 L.M.C., ch. 15 (Bill No. 13-98) as a Board of Health Regulation.
(a) Placement. A retail seller of any tobacco or electronic cigarette product must not display or store the product in any place that is accessible to buyers of the product without the intervention of the seller or an employee of the seller.
(b) Definitions. Tobacco product means any substance containing tobacco, including cigarette, cigars, smoking tobacco, snuff, or smokeless tobacco.
(c) Applicability. This Section does not apply to:
(1) the sale of any tobacco or electronic cigarette product from a vending machine that complies with all requirements of state law; and
(2) any store where only or primarily tobacco or electronic cigarette products are sold. (2000 L.M.C., ch. 31, § 1.)
(a) Prohibition. A person under 21 years old must not use or possess a tobacco product or an electronic cigarette unless that person is:
(1) at least 18 years of age;
(2) is an active duty member of the military; and
(3) presents a valid military identification.
(b) Penalties. Notwithstanding Section 24-9(l), the monetary penalty for a violation of this Section is $0.00. (2015 L.M.C., ch. 8, § 2; 2020 L.M.C., ch. 12, § 1.)
(a) Definitions. In this Section, the following words have the meanings indicated:
Child resistant packaging means packaging that is:
(1) designed or constructed to be significantly difficult for children under 5 years of age to open or obtain a toxic or harmful amount of the substance contained therein within a reasonable time;
(2) not difficult for normal adults to use properly; and
(3) tested in accordance with the method described in Code of Federal Regulations, Title 16, Section 1700.20, as in effect on March 3, 2015.
Child resistant packaging does not mean packaging which all such children cannot open or obtain a toxic or harmful amount within a reasonable time.
Liquid nicotine container means a container that is used to hold liquid containing nicotine in any concentration.
(b) Child resistant packaging required. A retail seller of any liquid nicotine or liquid nicotine container must not sell, resell, distribute, dispense, or give away:
(1) any liquid or gel substance containing nicotine unless the substance is in child resistant packaging; or
(2) any nicotine liquid container unless the container constitutes child resistant packaging.
(c) Exceptions. This Section does not apply to a liquid nicotine container that is sold, marketed, or intended for use in an electronic cigarette if the container is prefilled and sealed by the manufacturer and not intended to be opened by the consumer. (2015 L.M.C., ch. 8, § 2.)
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