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B. Demonstrates by a written secret ballot vote taken at | | least once every 3 years that a majority of the members have | | voted to allow smoking. The date of the vote must be announced | | to all members at least 14 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 Bureau of Health upon request. |
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| | | This subsection is repealed August 1, 2008. |
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| | | Sec. 3. 22 MRSA §1580-A, sub-§9 is enacted to read: |
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| | | 9.__Exception.__Beginning August 1, 2006, and notwithstanding | | any provision to the contrary in this section, a qualifying club | | may allow smoking in its business facility in accordance with the | | following provisions. |
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| | | A.__Policies concerning smoking must have been mutually | | agreed upon by the employer and all the employees. |
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| | | B.__The qualifying club must have met the requirements of | | this paragraph. |
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| | | (1)__The qualifying club must have written policies | | allowing onto the premises only the employer and | | employees, members and invited guests accompanied by a | | member. |
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| | | (2)__A vote in favor of smoking has been conducted | | according to the following provisions: |
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| | | (a)__The qualifying club must provide all members | | notice of the date of the vote at least 30 days | | prior to the vote and an opportunity for an | | absentee ballot.__Information designed to | | influence the vote of the member may not be | | provided with the notice and the absentee ballot; |
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| | | (b)__Members may not be subjected to undue | | influence regarding the vote; |
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| | | (c)__A majority of all valid ballots received must | | be in favor of smoking; and |
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| | | (d)__The ballot and procedures for voting and | | making available, collecting and counting absentee | | ballots must meet the requirements established by | | rule adopted by the Maine Center for Disease |
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