Maine Revised Statutes
Chapter 262: SMOKING
22 §1541. Definitions

§1541. Definitions
As used in this chapter, unless the context otherwise indicates, the following terms have the following meanings. [PL 1993, c. 342, §1 (NEW); PL 1993, c. 342, §9 (AFF).]
1. Designated smoking area. "Designated smoking area" means an enclosed area designated as a place for smoking. A designated area must be designed to prevent smoke escaping from the designated area into a public place.
[PL 2005, c. 257, §1 (AMD).]
1-A. Electronic smoking device. "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.
[PL 2015, c. 318, §1 (NEW).]
2. Enclosed area. "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.
[PL 2005, c. 257, §1 (AMD).]
3. Private office.
[PL 2005, c. 338, §1 (RP).]
4. Public place. "Public place" means any place not open to the sky into which the public is invited or allowed. Except as provided in section 1542, subsection 2, paragraph J, a private residence is not a public place.
[PL 2003, c. 493, §2 (AMD); PL 2003, c. 493, §14 (AFF).]
5. Restaurant.
[PL 2003, c. 493, §3 (RP); PL 2003, c. 493, §14 (AFF).]
6. Smoking. "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.
[PL 2015, c. 318, §2 (AMD).]
7. Tobacco specialty store. "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.
[PL 2005, c. 223, §1 (NEW).]
8. Waterpipe or hookah. "Waterpipe" or "hookah" means a device used for smoking tobacco that consists of a tube connected to a container where the smoke is cooled by passing through water.
[PL 2007, c. 180, §1 (NEW).]
SECTION HISTORY
PL 1993, c. 342, §1 (NEW). PL 1993, c. 342, §9 (AFF). PL 1999, c. 54, §§1,2 (AMD). PL 2003, c. 493, §§2,3 (AMD). PL 2003, c. 493, §14 (AFF). PL 2005, c. 223, §1 (AMD). PL 2005, c. 257, §1 (AMD). PL 2005, c. 338, §1 (AMD). PL 2007, c. 180, §1 (AMD). PL 2015, c. 318, §§1, 2 (AMD).