Michigan Legislature Passes Smoking Ban That will Become Law

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 10^th 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.

Michigan Restaurants by the Numbers

Michigan Restaurants by the Numbers

Michigan’s restaurants are an increasingly important part of our state’s economy. Restaurants are a key driver of employment in Michigan, and their sales generate tremendous tax revenues for our state.  Michigan restaurants contribute to the economy by creating jobs, building careers and generating revenue, but that's just the beginning.   Michigan dining establishments today are leaders in nutrition and healthy living, sustainability and social responsibility, and entrepreneurship and business opportunites according to www.restaurant.org.

Did you know...

• More than one in four American adults got their first job in a restaurant?
• Nearly 50% of all Americans have worked in the restaurant industry at one point in their working careers?
• American restaurants employ more minority managers than any other industry?
• Almost 1 in 10 working Americans are employed by the restaurant industry?
• Annual restaurant industry sales nationwide exceeds a half-trillion dollars?
• In 2007, there were 16,565 eating-and-drinking places in Michigan?
• Every $1 spent in Michigan’s restaurants generates an additional $.99 in sales for Michigan’s economy?
• Restaurant jobs represent 10 percent of total employment in Michigan?
• In 2009, Michigan’s restaurants will register a projected $12.6 billion in sales?

*Sources: Figures are based on National Restaurant Association research and data from federal and state government agencies.  See www.restaurant.org/research/state for more information.

**Sources: Figures are based on National Restaurant Association research and data from federal and state government agencies.  See www.restaurant.org/research/state for more information.