February 18, 2003, Introduced by Senators BASHAM, JACOBS, EMERSON and LELAND and referred to the Committee on Commerce and Labor.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12905 (MCL 333.12905), as amended by 1993
PA 242.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
1 Sec. 12905. (1) Except as otherwise provided in this
2 section, all public
areas of a food service establishment shall
3 be nonsmoking not allow smoking in the public areas of the food
4 service establishment. As
used in this subsection, "public
5 area" Public area includes, but is not limited to, a
bathroom,
6 a coatroom, and an
entrance or other area used by a patron when
7 not seated at a food
service table or counter all
areas of a
8 food service establishment that are open to the public. Public
9 area does not include
the lobby, waiting room, hallways, and
10 lounge areas of a food
service establishment, but these areas are
1 not required to be
designated as smoking areas.
2 (2) Subject to
subsection (3), a food service establishment
3 with a seating
capacity of fewer than 50, whether or not it is
4 owned and operated by
a private club, and a food service
5 establishment that is
owned and operated by aby a private club
6 may designate up to
75% of its seating capacity as seating for
7 smokers. A food
service establishment with a seating capacity of
8 50 or more that is not
owned or operated by a private club may
9 designate up to 50% of
its seating capacity as seating for
10 smokers. A food
service establishment that designates seating
11 for smokers shall
clearly identify the seats for nonsmokers as
12 nonsmoking, place the
seats for nonsmokers in close proximity to
13 each other, and locate
the seats for nonsmokers so as not to
14 discriminate against
nonsmokers.
15 (3) A food service
establishment shall not use the definition
16 of seating capacity
and the exemption from that definition set
17 forth in subsection
(9)(c) to increase the amount of seating for
18 smokers above 75%.
19 (2) (4) In
addition to a food service establishment that
20 provides its own seating,
subsections (1), (2), and (3) also
21 apply subsection (1) applies to a food service
establishment or
22 group of food service establishments that are located in a
23 shopping mall where in
which the seating for the food service
24 establishment or group of food service establishments is provided
25 or maintained, or both, by the person who owns or operates the
26 shopping mall. As
used in this subsection, "shopping mall"
27 means a shopping
center with stores facing an enclosed mall.
1 (3) (5) The
director, or a representative of a local health
2 department to which the director, an authorized representative of
3 the director, has delegated responsibility for enforcement of
4 this part shall , in
accordance with R 325.25902 of the Michigan
5 administrative code, inspect each food service establishment
6 that is subject to this section. The inspecting entity shall
7 determine compliance with this section during each inspection.
8 (4) (6) The
department or a local health department shall
9 utilize compliance or noncompliance with this section or with
10 rules promulgated to implement this section as criteria in the
11 determination of whether to deny, suspend, limit, or revoke a
12 license. pursuant
to section 12907(1).
13 (5) (7) Within
5 days after receipt of a written complaint
14 of violation of this section, a local health department shall
15 investigate the complaint to determine compliance. If a
16 violation of this section is identified and not corrected as
17 ordered by the local health department within 2 days after
18 receipt of the order by the food service establishment, the local
19 health officer may issue an order to cease food service
20 operations until compliance with this section is achieved.
21 (6) (8) This
section does not apply to a private facility
22 that is serviced by a
catering kitchen or to a separate room in a
23 food service
establishment that is used for private banquets.
24 This section does not
apply to a food service establishment that
25 is owned and operated
by a fraternal organization, if service is
26 limited to members of
the fraternal organization and their
27 guests. all of the following:
1 (a) A food service establishment that is owned and operated
2 by a private club that serves only club members and their
3 guests.
4 (b) A food service establishment that is owned and operated
5 by a fraternal organization if the service is limited to members
6 of that fraternal organization and their guests.
7 (c) A private facility that is serviced by a catering
8 kitchen.
9 (d) A separate room in a food service establishment that is
10 used for private banquets.
11 (e) A bowling center or holder of an on-premises license
12 under the Michigan liquor control code of 1998, 1998 PA 58, MCL
13 436.1101 to 436.2303, that can demonstrate that less than 30% of
14 its gross income is attributable to the sale of food.
15 (7) (9) As
used in this section:
16 (a)
"Bar" means that term as defined in section 2a of the
17 Michigan liquor control act, Act No. 8 of the Public Acts of
the
18 Extra Session of 1933,
being section 436.2a of the Michigan
19 Compiled Laws.
20 (a) "Food service establishment" means that term as defined
21 in section 1107 of the food law of 2000, 2000 PA 92,
22 MCL 289.1107.
23 (b) "Room"
"Separate room" means an area that is physically
24 distinct from the main dining area of a food service
25 establishment and from which smoke cannot pass into the main
26 dining area.
27 (c) "Seating
capacity" means the actual number of seats for
1 patrons in a food
service establishment. Seating capacity does
2 not include seats
located at a bar or seats at tables that are
3 located adjacent to a
bar, if meals are not served at those
4 tables.
5 (c) "Shopping mall" means a shopping center with stores
6 facing an enclosed mall.
7 (d) "Smoking" means the carrying by an individual of a
8 lighted cigar, cigarette, or other lighted smoking device.