Maine's Outdoor Dining

Eating Establishments: Signage Requirements Catering establishments Places where smoking is prohibited must have signs Maine’s Establishments dispensing food from that read "No Smoking" with letters at least one inch vending machines in height, or the international symbol for no smoking. Hotels, motels, and Outdoor boarding homes Mobile eating places Restaurants, Dining Law take-out restaurants, and drive-in restaurants Title 22. M.R.S.A §1550 Coffee shops and sandwich shops Cafeterias and short order cafes Signage requirements Yes/No Action Luncheonettes, grills, and tearooms Needed Soda fountains Business has notified its patrons of the prohibition Bars and cocktail lounges on smoking in outdoor Night clubs eating areas, and request that all persons within an Roadside stands outdoor eating area Industrial feeding establishments comply with this section? Retail frozen dairy product establishments For FREE signage please visit: http://ptmstore.org Airports and parks and click under ‘second hand smoke.’ Theaters (drive–in and outdoor concert venues) Guide for Licensed Eating Establishments Recreational camps, and youth camps Any nonalcoholic drinking establishments where food is prepared and served or served for consumption on the premises Published by Catering establishments where food is Health Inspection Program prepared, or where foods are prepared for vending machines dispensing food other than in original sealed packages. Purpose Tobacco smoke contains more Outdoor Dining Area Checklist 2.) Complete the action planning checklist below for tips to prohibit smoking in eating areas or any than 7,000 chemicals. Tobacco use causes 1.) Is your business required to comply with portion thereof that is open and available for dining cancer, heart disease, and lung diseases. There Maine’s Outdoor Dining Law §1550? Check and beverage service at your licensed eating is no risk-free level of exposure to establishment: by answering the following 4 questions: secondhand smoke. Tobacco use is the single most preventable cause of death and Criteria Yes Management Practices Yes/No Action disease in the United States. Needed 1.) Is your business licensed by the 80% of Maine residents are nonsmokers, and Health Inspection Program as an 1.) Is someone taking most people who smoke want to quit. eating establishment? responsibility for ensuring compliance? Definitions 2.) Does the area have a patio, deck or 2.) Have all staff been Eating Establishment means any place other property that is partially enclosed or open to the sky that is permitted for instructed on the where food or drink is prepared and served, outdoor eating or drinking under the requirements of the law? or served to the public for consumption on control of your eating establishment? the premises. 3.) Have policies or procedures been Smoking includes carrying or having in one's 3.) Does the area contain sitting or developed to guide your possession a lighted or heated cigarette, cigar, space designated by the owner or staff in compliance? or pipe or a lighted or heated tobacco or operator of the business where food or drink is permitted for consumption on plant product intended for human 4.) Are plans in place and the premises? signs posted to ensure consumption through inhalation whether customers are informed? natural or synthetic in any manner or in any 4.) Is food or drink sold to customers form. “Smoking” includes the use of an intended or required for consumption electronic smoking device. on the premise? The Law Smoking is prohibited in an outdoor eating area if the outdoor eating area If you answered ‘yes’ to any question above, or any portion thereof is open and available your eating establishment shall comply with for dining and beverage service. Maine’s Outdoor Dining Law §1550. Penalty A person who violates the law commits a civil violation for which a fine of $100 may be adjudged, except that a fine of up to $1,500 may be adjudged for each violation in cases when a person engages in a pattern of conduct that demonstrates a lack of good faith in compliance. http://www.mainelegislature.org/legis/statutes/22/title22ch262sec0.html .

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