Businesses, restaurants must prove a financial burden in order to obtain a smoking ban waiver

Statewide prohibition in all public places begins Feb. 1

Private clubs, such as American Legion halls, are not exempted from the law, which outlaws smoking in public indoor areas and enclosed outdoor areas. It requires signs to be posted where smoking is prohibited.

The ban also applies to mass transit, private vehicles used to transport children and child care and health care transportation.

Those who apply for a waiver must outline how they will comply with the law by February 2011, when all waivers will expire.

Food and beverage sales receipts will be compared over two months to determine whether a hardship exists.

Business owners also could qualify if they are unable to recoup the costs of improvements made before the ban to reduce secondhand smoke.

Local health departments will determine whether to issue a waiver.

The regulations are ‘‘the final step in making Maryland a smoke-free state,” state Health Secretary John M. Colmers said in a statement.

The waivers provide a buffer for businesses that feared an immediate ban would reduce sales and threaten their existence. But smoke-free supporters expect that few restaurants will seek the waiver and that most will prosper.

‘‘And we’re going to have a lot healthier population as a result,” said Sen. Robert J. Garagiola (D-Dist. 15) of Germantown, the bill’s chief sponsor.

Other states’ experience with smoking bans shows improved sales, said Bonita M. Pennino, government relations manager for the American Cancer Society. She maintained that the law will decrease the number of young smokers.

Still, allowing some businesses to skirt the law for three years is not in the public’s interest, she said. ‘‘The spirit of the law is that we protect the most people most of the time, and by granting a temporary waiver we don’t do that.”

The Restaurant Association of Maryland will distribute the regulations to members and work to ensure owners comply with the law, said Melvin R. Thompson, the trade group’s vice president of government relations.

‘‘Overall, we are happy that the Department of Health and Mental Hygiene worked very closely with our industry and other interests in crafting regulations that were fair and equitable for all,” he said.

About 20 other states have adopted a statewide smoking ban in bars and restaurants. Maryland barred smoking in most public workplaces in 1995, but exempted bars and restaurants. Several Maryland counties have adopted smoking bans.

The state health department and local agencies will distribute information kits to many of the affected businesses before Feb. 1. DHMH will launch a Web site that provides information on smoking ban regulations, as well as a toll-free help line — 866-703-3266 — beginning Jan. 2 to answer basic questions and provide resources to help the public and businesses comply with the new law.