Bill Text: MI SB0352 | 2011-2012 | 96th Legislature | Introduced
Bill Title: Health; smoking; smoking ban in places of employment and food service establishments; allow smoking in legal smoking rooms and in certain outdoor patio areas. Amends secs. 12603 & 12905 (MCL 333.12603 & 333.12905) & adds sec. 12603a.
Spectrum: Partisan Bill (Republican 8-0)
Status: (Introduced - Dead) 2011-05-03 - Referred To Committee On Government Operations [SB0352 Detail]
Download: Michigan-2011-SB0352-Introduced.html
SENATE BILL No. 352
May 3, 2011, Introduced by Senators JONES, MEEKHOF, GREEN, BOOHER, NOFS, HUNE, PAVLOV and ROBERTSON and referred to the Committee on Government Operations.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending sections 12603 and 12905 (MCL 333.12603 and 333.12905),
as amended by 2009 PA 188, and by adding section 12603a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
12603. (1) An Except as
otherwise provided in this part,
an individual shall not smoke in a public place or at a meeting of
a public body, and a state or local governmental agency or the
person who owns, operates, manages, or is in control of a public
place shall make a reasonable effort to prohibit individuals from
smoking in a public place.
(2) The owner, operator, manager, or person having control of
a public place, a food service establishment, or a casino subject
to section 12606b shall do all of the following:
(a) Clearly and conspicuously post "no smoking" signs or the
international "no smoking" symbol at the entrances to and in every
building or other area where smoking is prohibited under this act.
(b) Remove all ashtrays and other smoking paraphernalia from
anywhere smoking is prohibited under this act.
(c) Inform individuals smoking in violation of this act that
they are in violation of state law and subject to penalties.
(d) If applicable, refuse to serve an individual smoking in
violation of this act.
(e) Ask an individual smoking in violation of this act to
refrain from smoking and, if the individual continues to smoke in
violation of this act, ask him or her to leave the public place,
food service establishment, or nonsmoking area of the casino.
(3) The owner, operator, manager, or person in control of a
hotel, motel, or other lodging facility shall comply with
subsection (2) and section 12606. It is an affirmative defense to a
prosecution or civil or administrative action for a violation of
this section that the owner, operator, manager, or person in
control of a hotel, motel, or other lodging facility where smoking
is prohibited under this section made a good faith effort to
prohibit smoking by complying with subsection (2). To assert the
affirmative defense under this subsection, the owner, operator,
manager, or person shall file a sworn affidavit setting forth his
or her efforts to prohibit smoking and his or her actions of
compliance with subsection (2).
(4) This section may be referred to as the "Dr. Ron Davis
Law".
Sec. 12603a. The owner or operator of a food service
establishment or a place of employment that is not a public place
described in section 12601(q)(i) or (ii) may allow smoking in a legal
smoking room in the eligible place of employment or food service
establishment if all of the following requirements are met:
(a) The legal smoking room is an enclosed room separate from
the nonsmoking areas of the eligible place of employment or food
service establishment. The legal smoking room shall be enclosed on
all sides by any combination of solid walls, windows, or doors that
extend from the floor to ceiling.
(b) The legal smoking room is equipped with 1 of the
following:
(i) A separate ventilation or air filtration system designed to
remove smoke from the air in the room and prevent smoke from
infiltrating into the nonsmoking areas of the eligible place of
employment or food service establishment.
(ii) A double-door system designed to prevent the release of
smoke from the room by trapping it between the 2 doors and
preventing smoke from infiltrating into the nonsmoking areas of the
eligible place of employment or food service establishment.
(c) No individual is required to enter or pass through the
legal smoking room of the eligible place of employment or food
service establishment unless he or she does so on a voluntary
basis. This subdivision applies to an employee of the owner or
operator of an eligible place of employment or food service
establishment, and section 12606 applies to the right granted to
employees under this subdivision.
(d) The legal smoking room is closed 1 hour or more before the
end of normal business hours of the eligible place of employment or
food service establishment to allow thorough ventilation before any
employee is required to enter the room to perform any cleaning or
other room maintenance.
Sec.
12905. (1) An Except as
otherwise provided in this
section or section 12603a, an individual shall not smoke in a food
service establishment, and the person who owns, operates, manages,
or is in control of a food service establishment shall make
reasonable effort to prohibit individuals from smoking in a food
service establishment. This section does not apply to the outdoor
patio area of a food service establishment if any of the following
requirements are met:
(a) The outdoor patio area is outside of the contiguous walls
and entry doors of the food service establishment.
(b) Alcoholic liquor is allowed in the outdoor patio area
under an on premises license for that establishment issued under
the Michigan liquor control code of 1998, 1998 PA 58, MCL 436.1101
to 436.2303.
(2) In addition to a food service establishment that provides
its own seating, subsection (1) applies to a food service
establishment or group of food service establishments that are
located in a shopping mall in which the seating for the food
service establishment or group of food service establishments is
provided or maintained, or both, by the person who owns or operates
the shopping mall.
(3) The director, an authorized representative of the
director, or a representative of a local health department to which
the director has delegated responsibility for enforcement of this
part shall inspect each food service establishment that is subject
to this section. The inspecting entity shall determine compliance
with this section during each inspection.
(4) Within 5 days after receipt of a written complaint of
violation of this section, a local health department shall
investigate the complaint to determine compliance. If a violation
of this section is identified and not corrected as ordered by the
local health department within 2 days after receipt of the order by
the food service establishment, the local health officer may issue
an order to cease food service operations until compliance with
this section is achieved.
(5)
A Except as otherwise
provided in section 12603a, a food
service establishment that is subject to this section shall comply
with sections 12603(2) and 12606. It is an affirmative defense to a
prosecution or civil or administrative action for a violation of
this section that the owner, operator, manager, or person in
control of a food service establishment where smoking is prohibited
under this section made a good faith effort to prohibit smoking by
complying with section 12603(2). To assert the affirmative defense
under this subsection, the owner, operator, manager, or person
shall file a sworn affidavit setting forth his or her efforts to
prohibit smoking and his or her actions of compliance with section
12603(2).
(6) An individual who violates this part shall be directed to
comply with this part and is subject to a civil fine of not more
than $100.00 for a first violation and not more than $500.00 for a
second or subsequent violation.
(7) As used in this section:
(a) "Food service establishment" means that term as defined in
section 1107 of the food law of 2000, 2000 PA 92, MCL 289.1107.
Food service establishment does not include a cigar bar that is
exempt from the smoking prohibition under section 12606a.
(b) "Shopping mall" means a shopping center with stores facing
an enclosed mall.
(c) "Smoking" or "smoke" means that term as defined in section
12601.
Enacting section 1. This amendatory act takes effect July 1,
2011.
