Maine Code § 22-1541

Definitions
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(CONTAINS TEXT WITH VARYING EFFECTIVE DATES)
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. (TEXT EFFECTIVE UNTIL 1/05/26) 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).]
1-A. (TEXT EFFECTIVE 1/05/26) 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 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 2025, c. 367, §2 (AMD); PL 2025, c. 367, §20 (AFF).]
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).]

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