Is it Okay to Smoke Outside at Take-Out Provided Tables?

Here's something that came up this weekend. Me and Alexis, my 12-year old, went out to eat. I don't think the location matters, because I really don't want to single somebody out, because I think it's a larger question. The question? When eating at a take-out spot (food and ice cream) that has lots of picnic tables outside, is it legal or not legal to smoke? What do you think, is it right or wrong?

A few info links:
http://www.tobaccofreemaine.org/channels/workplaces/workplace_laws.php
http://www.tobaccofreemaine.org/channels/workplaces/documents/PUBLIC140.pdf