§ 12-107.2. Exceptions – Electronic smoking devices in certain restaurants and taverns.

(a) Definitions.

(1) In general.

In this section, the following terms have the meanings indicated.

(2) Restaurant.

"Restaurant" means a business establishment that:

(i) is devoted primarily to serving food and drinks to the public for on-premises consumption by seated patrons; and

(ii) might or might not also serve alcoholic beverages.

(3) Tavern.

"Tavern" means a business establishment that:

(i) is devoted primarily to serving alcoholic beverages to the public for on-premises consumption; and

(ii) might or might not also serve food.

(b) In general.

This subtitle does not apply to the use of electronic smoking devices in a restaurant or tavern or in 1 or more designated areas of a restaurant or tavern, as the case may be, if the establishment notifies its patrons and potential patrons that the use of electronic smoking devices is allowed on or in designated areas of the premises, as the case may be.

(c) Method and tenor of notification.

(1) The notification required by this section must be provided both:

(i) by a prominently posted notice, at least 17" x 22", that is clearly readable by all patrons on entry to the establishment; and

(ii) by a conspicuous notice, in at least 20-pt. font size, printed on each menu provided to patrons.

(2) The tenor of the notices must be substantially as follows:

"This {restaurant / tavern} allows the use of electronic smoking devices {in designated areas / throughout the premises}."