10- 144 C.M.R. ch. 250, § 8

Current through 2024-51, December 18, 2024

Section 144-250-8 - Exception

Pursuant to 22 M.R.S.A. §1580-A(9), a qualifying club may allow smoking:

A. If policies concerning smoking have been mutually agreed upon by the employer and all the current employees.

1Employee Voting - Procedures Required

Each qualifying club must adopt and implement written policies and procedures that:

a. Provide for a secret ballot vote of employees. The secret ballot votes shall:

i. assure that each employee casts a single vote;

ii. assure the anonymity of each vote; and,

iii. assure the voting process is free of any attempt to influence any individual vote or voter.

b. Provide for the appointment of an individual to oversee the secret ballot vote. The overseer may be an officer, manager, member or non-member of the club.

c. Provide written notice of the vote to each employee that:

i. is printed in a legible type with a font size of at least 12;

ii. is neutral with respect to the subject matter of the vote;

iii. clearly states the time and place of the voting, and the time and place of counting of votes;

iv. provides clear instruction on how to mark the ballot;

d. Allow employees to observe conduct of the voting and the counting of the ballots;

e. Provide for posting or other notice of the result of the vote;

f. Provide a procedure for employees to challenge individual ballots for cause.

2 The qualifying club has documented the agreement of all current employees on a smoking policy by the written secret ballot taken under procedures for employees adopted in accordance with the above subsection 8(A)(1) of these Rules.

3 All employee ballots shall be kept on file and made available to the Maine Center for Disease Control and Prevention upon request.

4 The smoking policy must be reviewed within 60 days of the hiring of new employees or at the time a complaint, oral or written, is received by the employer or the employee's agent to ensure mutual agreement by all employees;

5 The qualifying club must provide written notice to the Maine Center for Disease Control and Prevention of the results of the employee vote within 30 days of the vote.

6 A written secret ballot vote of employees, conducted by a qualifying club, which has failed to adopt and implement the above required policies and procedures is presumed invalid. An invalid vote does not demonstrate that all employees of a qualifying club have agreed to allow smoking.

B. If the qualifying club has implemented written policies and procedures ensuring that only the employer and employees, members, and invited guests accompanied by a member are allowed entry to the premises; and

C. If the qualifying club demonstrates by a written secret ballot vote taken at least once every 3 years that a majority of the members voting have voted to allow smoking. The date of the vote must be announced to all members as provided below at least 30 days prior to the vote. All ballots cast in the vote must be kept on file for at least 3 years and made available to the Maine Center for Disease Control and Prevention upon request.

1Member Voting - Procedures Required

Each qualifying club must adopt and implement written policies and procedures that:

a. Provide for a secret ballot vote of members. The secret ballot vote shall:

i. assure that each voting member casts a single vote;

ii. assure the anonymity of each vote;

iii. assure the voting process is free of any attempt to influence any individual vote or voter.

b. Provide for the appointment of an individual to oversee the secret ballot vote. The overseer may be an officer, manager, member or non-member of the club.

c. Provide written notice of the vote to each member at least 30 days prior to the vote that:

i. is printed in a legible type with a font size of at least 12;

ii. is neutral with respect to the subject matter of the vote;

iii. indicates that any member may request and cast an absentee ballot that will be included in the final vote count;

iv. clearly states the time and place of the voting, and the time and place of counting of votes;

v. provides clear instruction on how to mark the ballot;

vi. when the notice and absentee ballots are provided in one mailing provides an absentee ballot and other materials that assure anonymity;

vii. is sent in sufficient time to be received by the member for the return of absentee ballots prior to the due date for submission of votes.

d. Upon request of any member, provide an absentee ballot and other materials, when such were not included with the notice required above, that ensures anonymity and is mailed or delivered in sufficient time to be received by the member for the return of absentee ballots prior to the date of the vote;

e. Allow members to observe conduct of the voting and the counting of the ballots;

f. Provide for posting or other notice of the result of the vote;

g. Provide a procedure for members to challenge individual ballots for cause.

2 The qualifying club must provide written notice to the Maine Center for Disease Control and Prevention of the results of the vote within 30 days of the votes.

3 A written secret ballot vote conducted by a qualifying club which has failed to adopt and implement the above required policies and procedures is presumed invalid. An invalid vote does not demonstrate that the members of qualifying club have voted to allow smoking.

4 Upon request, the Maine Center for Disease Control and Prevention will provide a qualifying club with a model policy and procedures for conducting votes on smoking. Any balloting conducted in accordance with the model policy and procedures provided by the Maine Center for Disease Control and Prevention will be presumed to be in compliance with these Rules.

D. A qualifying club that held a vote in favor of smoking by a majority of all members pursuant to law between July 1, 2005 and September 1, 2006 may allow smoking under authority of that vote until September 1, 2008.

10- 144 C.M.R. ch. 250, § 8