MAINE OFFICE OF THE ATTORNEY GENERAL Amber Desrosiers, MBA, - PowerPoint PPT Presentation

MAINE OFFICE OF THE ATTORNEY GENERAL Amber Desrosiers, MBA, ACSM-CPT Tobacco Enforcement Coordinator

Tobacco Enforcement Coordinator  Is responsible for oversight and enforcement of all tobacco related statutes under Title 22 representing the Department of Health and Human Services (DHHS) regarding public, retail tobacco sales, and workplace to reduce disease, disability, and death related to tobacco use.

Agenda  Chapter 262  Chapter 263  Chapter 262-A  Tobacco 21  Chapter 558-C  Tobacco Violation Complaint Form  Contact Information

Title 22, Chapter 262: Smoking §1541. Definitions   Public Places §1542. Smoking prohibited in public places   Early Childcare Centers §1543. Posting signs  §1549. Smoking in vehicles when minor under 16 years of age is present  §1550. Smoking in outdoor eating areas   Chapter 562 §2491 (7.) Eating Establishment  Outdoor Dining Examples §1542 Limitations  §1545. Penalty  §1548. Enforcement  Web link to Title 22 M.R.S. §§1541-1548:  http://www.mainelegislature.org/legis/statutes/22/title22ch262sec0.html

Definitions  Public place means any place not open to the sky into which the public is invited or allowed.  Enclosed area means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters, doors or passageways if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.  Smoking includes carrying or having in one's possession a lighted or heated cigarette, cigar, or pipe or a lighted or heated tobacco or plant product intended for human consumption through inhalation whether natural or synthetic in any manner or in any form. “Smoking” includes the use of an electronic smoking device.

Public Places  Public place means any place not open to the sky into which the public is invited or allowed. • Libraries • Airports • Office building lobbies • Banks • Pharmacies • Convenience stores • Post office • Eating establishments • Private and Public educational • Dental offices facilities • Grocery stores • Retail Stores • Healthcare facilities • Salon and Spas • Health & Fitness Centers • Taxi vehicles • Vehicle sales, repair and • Hospitals maintenance • Indoor sport arenas • Veterinary offices • Laundromats

Smoking Prohibited in Public Places  Smoking is prohibited in all enclosed areas of public places , outdoor eating areas as provided in section 1550, and all rest rooms made available to the public.

Early Childcare Centers  Center Based  Home Based  Smoking is prohibited in all  Smoking is prohibited during enclosed areas of the business hours of operation as a child facility. care or baby-sitting service.  Smoking is prohibited in a  Outdoor areas on the facility-designated motor property wherever a child vehicle within 12 hours before under care may be present. transporting a child who is in  During hours of operation in a the care of the child care motor vehicle facility, and whenever such a owned/operated by facility child is present in the vehicle. whenever a child is in the  Smoking is prohibited in vehicle and 12-hours prior to outdoor areas of the facility transporting a child. where children may be present.

Posting Signs  Signs must be posted conspicuously in buildings and outdoors where smoking is regulated.  Designated smoking areas must have signs that read "Smoking Permitted" with http://www.notobacco.org/photos/ 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. https://www.mainepreventionstore.com/

Smoking in Vehicles  Smoking is prohibited in a motor Smoking means inhaling, exhaling, vehicle by the operator or a burning or carrying a lighted passenger when a person who cigarette, cigar, pipe, weed, plant, has not attained 16 years of age regulated narcotic or other is present in that motor vehicle, combustible substance. regardless of whether the motor vehicle's windows are open.  Prohibition on inspection or search ( may not be inspected or searched solely because of a violation of this section).  Not a moving violation (no points deducted from license).  Civil Violation of $50. http://gearheads.org/govt-ban-on-smoking-with-kids-in-cars- necessary-protection-or-unnecessary-intervention/

Outdoor Dining  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 defined 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.  Smoking is prohibited in an outdoor eating area if the outdoor eating area or any portion thereof is open and available for dining and beverage service.  An eating establishment with an outdoor eating area shall post signs in accordance with section 1543, notify its patrons of the prohibition on smoking in outdoor eating areas and request that all persons within an outdoor eating area comply with this section.

Eating Establishment Any place where food or drink is prepared and served, or served to the public for consumption on the premises. ▪ Cafeterias, short order cafes, luncheonettes, grills, tearooms Coffee shops, sandwich shops ▪ Hotels, motels, boarding homes ▪ Restaurants, take-out restaurants, mobile eating places, roadside ▪ stands Soda fountains, bars, cocktail lounges, night clubs ▪ Industrial feeding establishments, schools, ▪ Retail frozen dairy product establishments ▪ Airports, parks, theaters, ▪ Recreational camps, and youth camps ▪

Outdoor Dining Examples  Restaurant on own property with picnic tables  Restaurant on a Main Street with outdoor dining on sidewalk  Drive-In Establishments  Fairs (Food Vendors)  Drive-Thru Restaurants

Maine Medical Use of Marijuana at Eating Establishments  DHHS - Division of Licensing and Regulatory Services (DLRS) stated that if a business has a no smoking policy that would include smoking and vaping of medical marijuana.  If the business has a designated smoking area then qualifying patients would be prohibited from smoking medical marijuana in the designated smoking area as it is a public place.  DLRS is in agreement that smoking of medical marijuana at the drive-in is prohibited under the Maine Medical Use of Marijuana Act

Limitations  Business not open to public (Taxi cab)  Theater  Religious ceremony  Places of employment  Motel or Hotel rooms  Private Residences  Home-based child-care  Landlord Disclosure Law L.D. 1067 (2011)  Workplace L.D. 1429 (2009)  Beano or Bingo games  The Chief of the State Police may issue licenses to operate high-stakes beano or high-stakes bingo to a federally recognized Indian tribe .  Tobacco Specialty Store  Off-track betting facility

Apartments H.P. 802 - L.D. 1067 Landlord Disclosure Law  An Act To Improve Awareness of Smoking Policies in Maine Rental Housing  Enforcement Princeton on Back Cove, Portland

Tobacco Specialty Store  Initial intent  Smoking a waterpipe or hookah is prohibited in a tobacco specialty store that is newly licensed or that requires a new license after January 1, 2007.  The on-premises service, preparation or consumption of food or drink is prohibited in such a store after January 1, 2007.  State vs. FDA entry for persons under 18 years of age.

Off-track betting facility or simulcast racing facility at a commercial track OTB’s in Maine:  Favorites OTB (T&B Outback, Waterville)  Does not permit smoking  Bangor Raceway  Does not permit smoking  Sanford OTB (Midtown Mall)  Does permit smoking  Scarborough Downs  Does permit smoking  Winners Circle OTB Scarborough Downs, Scarborough  (Brunswick) Does not permit smoking  (Lewiston) Does permit smoking in a small designated smoking room. The room has a double door to try and stop the smoke from filtering. There is no seating in the room. Smoke and exit quickly motto.

Penalty & Enforcement  Enforcement Penalty A person who violates any  The Attorney General may  provision of this chapter bring an action to enforce commits a civil violation for this chapter in District Court which a fine of $100 may or Superior Court and may be adjudged, except that a seek injunctive relief, fine of up to $1,500 may including a preliminary or be adjudged for each final injunction, and fines, violation of this chapter in penalties and equitable cases when a person relief and may seek to engages in a pattern of prevent or restrain actions conduct that demonstrates a in violation of this chapter lack of good faith in by a person or any person complying with this chapter . controlling such person.

Title 22, Chapter 263: Offenses Against Public Health  §1578-B. Tobacco use in elementary and secondary schools prohibited  §1580-A. Smoking in places of employment  Workplace examples  Qualifying Club  Violation  §1580-E. Smoking in state parks and state historic sites http://legislature.maine.gov/statutes/22/title22ch263sec0.html