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| For Immediate Release |
Contact: Andy Deloney |
December 14, 2009
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517/377-3931 |
Michigan Legislature Passes Smoking Ban, Will Become Law
On Thursday, December 10, the state Senate took up and passed a bill prohibiting smoking in all public places, including bars and restaurants, in the state of Michigan. The state House of Representatives quickly agreed. The bill is now headed to the desk of Gov. Jennifer Granholm, who has indicated she will definitely sign it.
The Michigan Restaurant Association fought to ensure that any smoking ban be implemented as broadly as possible.
Michigan’s new law will cover all bars and restaurants and all public and private workplaces. All areas of the workplace are covered. The only exemptions are casino gaming floors, cigar bars (as narrowly defined in the act), tobacco specialty retail shops, home offices, and commercial trucks.
The ban takes effect on April 30, 2010.
During Senate consideration of the smoking ban legislation, the Michigan Restaurant Association (MRA) was successful in adding an amendment to significantly reduce the regulatory burden of this new law. The MRA amendment covered the following areas:
Written non-smoking policy – The original bill would have required all employers to maintain a written non-smoking policy, to prominently post the non-smoking policy within the workplace, and provide this information to all current and new employees. The MRA amendment eliminated the requirement for a written non-smoking policy.
Enforcement – The original bill would provide for enforcement by the health department of the act and fines for both individuals and business owners for violations of the act. The MRA amendment maintained the health department’s ability to enforce the act with both employers and individuals, but limited monetary fines for violations occurring in food service establishments to individuals.
Civil lawsuits – The original bill would have allowed civil action by individuals against foodservice establishments that violate the act. The MRA amendment eliminated that option.
Rule-making authority – The original bill would have allowed for the issuance of complex new regulations to ensure foodservice operators correctly implement the act. The MRA amendment eliminated further smoking-related rule-making authority for food service establishments.
Revocation of license – The original bill would have allowed the loss of your health license for noncompliance with the act, which would permanently close the food service establishment. The MRA amendment removed this provision but retained the ability for health departments to enforce temporary cessations of operations for noncompliance.
Pre-emption of even tougher local ordinances – The original bill would have allowed local governments to adopt additional workplace smoking ordinances that are even more stringent and punitive than the state standard. The MRA amendment pre-empted that right.
Affirmative defense for operators – The MRA amendment gave food service establishments an affirmative defense if they post a “no smoking” sign as required, remove all ashtrays and smoking paraphernalia as required, and inform the individual smoking that smoking in food service establishments is unlawful. If these things are done, than any citation against the establishment for violating the law will be dismissed.
Effective date – The original bill had no explicit effective date. The MRA amendment clarified that the new law takes effect on April 30, 2010.
The Michigan Restaurant Association (MRA) is continuing to examine each of the components of the 18-page bill. Already, many questions are being asked. Additionally, it is clear that there are a lot of misperceptions and confusion about the bill’s details. Over the coming days, MRA staff will be providing details on how the coming smoking ban impacts your operations and your patrons.
Members are invited to contact the MRA with any questions or concerns they have about the new smoking ban. Call Andy at 800.968.9668.
The Michigan Restaurant Association (MRA) is the recognized leader of Michigan's hospitality industry, providing essential services to the foodservice community. Founded in 1921, the MRA represents more than 4,500 Michigan foodservice establishments. The industry plays an integral role in Michigan's economy, employing more than 423,600 people and creating more than $13.1 billion in annual sales. For more information please call 800-968-9668.
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