The Michigan Restaurant Association Press Release:
In a December 14, 2009 Press Release The Michigan Restaurant Association (MRA) put out a press release indicating that Michigan Legislature Passed a smoking ban in Michigan restaurants. The Senate passed the bill on Thursday, December 10th which will prohibit smoking in ALL public places, including bars and restaurants, in the State of Michigan. The state House of Representatives quickly followed suite and the bill made its way to the desk of Gov. Jennifer Granholm for a signature.
This new law will ban smoking in a wide range of public places and covers all bars and restaurants as well as all public and private workplaces. Casino gaming floors, cigar bars, tobacco specialty retail shops, home offices and commercial trucks are the only exemptions to this ban which will take effect on April 30, 2010.
During Senate consideration of this legislation, The MRA successfully added important amendments to significantly reduce the regulator burden of this new law on Michigan Bars and Restaurants. The MRA amendment covered the following areas:
- · Written non-smoking policy – The MRA amendment eradicated the necessity for a written non-smoking policy.
- · Enforcement – Enforcement of the original bill would allow the health department to enforce fines for both individuals and establishment owners for violations. The MRA amendment allowed for the health department to enforce the law on both individuals and owners but limited fines to individuals.
- · Civil lawsuits – The MRA amendment removed the option for civil action by individuals against food service establishments that violate the act.
- · Rule-making authority – Further smoking-related rule making for food service establishments was eliminated by amendment.
- · Revocation of license –The MRA amendment removed the possibility of a food service establishment having its health license revoked, forcing permanent closure of the restaurant or bar for non-compliance.
- · Pre-emption of even tougher local ordinances - The MRA amendment pre-empted the right of local governments to add additional workplace smoking ordinances that are more stringent and punitive than the original legislation.
- · Affirmative defense for operators – If establishments post “no smoking” signs, remove all ashtrays and smoking paraphernalia, and inform any individual smoke that his or her action is unlawful, any citation against said establishment will be dismissed.
- · Effective Date – The MRA amendment clarified that this new legislation will take effect on April 30, 2010, since the original bill had no explicit effective date.
There are still many questions surrounding this new legislation. The Michigan Restaurant Association wants to help its members understand the new law. 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.
*Source: The Michigan Restaurant Association (MRA) website www.michiganrestaurant.org. The original press release can be read by following this link http://www.michiganrestaurant.org/displaycommon.cfm?an=1&subarticlenbr=1101.
I will be the first to admit that I dont like to smell smoke when I dine. However, I feel that the ban on smoking in bars seems a bit much.
ReplyDeleteAlso, why cant we let the restaurants decide what they want to do. Soon they will be sending out taxes to restaurants for serving meals that will contain transfats, high sodium content, or above a certain calorie count.
Restaurant & Bar Owners need to start standing up for their rights to run their own businesses the way they feel and leave it up to the public opinion to guide them, not the government! Good Luck Michigan, I fear this is the first step down to losing personal rights!