Section 144-249-1 - DEFINITIONSAs used in this rule, unless the context indicates otherwise, the following terms and phrases have the following meanings:
A.Designated smoking area means an outdoor area where smoking is permitted, which must be at least 20 feet from windows, entryways, vents, doorways or other openings and must be designed to prevent smoke escaping from the designated smoking area into an enclosed area of a workplace or public place or other areas where smoking is prohibited.B.Dining and beverage service means wait or self service of food or beverages.C.Eating establishment has the same meaning as defined in 22 M.R.S. §2491, Sub-§ 7. D.Electronic smoking device means a device used to deliver nicotine or any other substance intended for human consumption that may be used by a person to simulate smoking through inhalation of vapor or aerosol from the device, including, without limitation, a device manufactured, distributed, marketed or sold as an electronic cigarette, electronic cigar, electronic pipe, electronic hookah or so-called vape pen.E.Enclosed area means a space between a floor and a ceiling that is demarcated on all sides by walls, windows, shutters, doors or passageways. A partition, partial wall or office divider is a demarcation of an enclosed area if it extends from the floor to within 4 feet of the ceiling or from the ceiling to within 4 feet of the floor.F.Invited guest means an individual who is 1) a relative or established acquaintance of a member of a club and who is continuously accompanied by the member; or 2) a relative, established acquaintance, or friend or relative of an established acquaintance of the host of a private function.G.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 22 M.R.S. §2491, Sub-§7, as long as food or drink is served by the eating establishment to the public for consumption on the premises.H.Public place means any place not open to the sky into which the public is invited or allowed. Except as provided in 22 M.R.S. §1542(2)(J) and § 3(B)(7) of this rule, a private residence is not a public place.I.Residential facility means a facility with one or more residential units or apartments that is licensed by the Department of Health and Human Services.J.Secondhand smoke is tobacco or plant product smoke, whether natural or synthetic, given off by the burning end of a cigarette, pipe or cigar, a mixture of smoke from a combination of these sources, exhaled vapor or aerosol from use of an electronic smoking device, and smoke that is exhaled by a smoker.K.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.L.State historic site has the same meaning as "historic site" in 12 M R.S. §1801, Sub-§ 5. N.State park has the same meaning as "park" in 12 M.R.S. §1801, Sub-§ 7. O.Tobacco specialty store means a retail business under 2,000 square feet in which at least 60% of the business's gross revenue for the last calendar year was derived from the sale of tobacco or tobacco-related products.P.Ventilation means a process of supplying and removing air by mechanical means. Ventilation technologies do not sufficiently protect individuals from the harmful effects of breathing secondhand smoke.10- 144 C.M.R. ch. 249, § 1