There seem to be many questions regarding the Smoking Ban that goes into effect on May 1, 2010 for all Michigan bars/restaurants. The two questions that I have heard most often are 1) Does the Michigan Smoking Ban affect private clubs? and 2) Does the ban apply to patio/outdoor seating areas?
The answer to both is YES. I have heard discussions about petitions requesting amendments to these areas of the law as it is currently written, but who knows!
Currently, the law states that the ban applies ANYWHERE that an establishment has a LICENSE to serve food/beverage. Even if a bar/restaurant WANTED to allow smoking on a patio in lieu of serving food/beverage, they WOULD NOT be allowed to.
Private clubs, Fraternal organizations, Veterans clubs, Country Clubs and other establishments with Club Licenses are subject to the same restrictions as all other licensees.
Thoughts?
There could be a legal challenge to this interpretation. The law refers to banning smoking in “enclosed, indoor areas,” several times. Patios are neither.
In addition, under the thinking that the ban applies anywhere food or beverages are served — a stipulation no other state with a ban mandates, BTW — hotels, which may not longer offer smoking rooms after May 1, could also not allow smoking anywhere on their property, since resorts are licensed indoors and out. Ditto for golf courses.
I don’t think that was the legislature’s intent, nor do I think it is enforceable for golf course and resort operators to police their entire property for smokers.
I don’t think this is what
Was just on the phone with the Department of Health. Even the girl that answered the phone had to say “well that just doesn’t make much sense, now does it?” when I asked this: “I belong to a private club. A chartered club that possesses by-laws and has been in Michigan for 75 years.” (When I say private, I mean private.) “Per the verbiage of the legislation, we are neither a public place, nor do we have employees. That would make us exempt, wouldn’t it?”
Of course it doesn’t. She quoted some Department of Agriculture definition of an “employee”. Although our bartender is an actual member, receives no pay. Nor is on any schedule. He is apparently by some Orwelian definition, under NOT Michigan law, but the word of the DoA, an “employee”.
Then bring into the equation the license issue. Basically this law should be renamed the “Dr. Ron Davis, if you have some form of hospitality license you’re screwed Law”.
This is not about the protection of anyone. This is about selling more Chantix, Nicoderm, Nicorette et al.
That’s just my two cents. Especially after that conversation.
Bravo Steve!
Question is, who will challenge it, and when will that happen. It absolutely amazes me that even patios, etc are affected. So I’ve got a smoke lit on a patio while the ’68 GTO backed in on the other side of the patio fence (with his tailpipe facing the patio) sits there and idles, pouring out blue smoke onto the patio area. I’m breaking the law, he’s perfectly legal.
When it gets to the point where smoking is being banned in outdoor places, yet is legal inside on the gambling floors of casinos, how can anyone question what this really is.
You can dress it up anyway you want, it’s still a complete farce of a law. If the ACLU can stand up for kicking prayer out of school, why can’t they take up the fight on this one???
I’ve been coming to Michigan for the NASCAR races since 2005. I was blindsided when I got to my hotel that I booked a room for the Jan. 2010. I booked a smoking room, they said I cannot smoke in the room. That I would have to go outside of my room to smoke. Last time I checked a hotel is niether a bar or restaurant. It is a resident that you rent for a night or two. Until they change this stupid law I will not be coming back to Michigan.
Tim,
It is true that Michigan seems to have the most restrictive of all State Smoking Laws, and I’m sorry to hear that your time in Michigan (and your willingness to return) was compromised because of it. As the Michigan law is written, smoking is prohibited anywhere that an extablishment has a license to serve food/beverage, so while we typically refer to the new smoking ban as being applied to “bars and restaurants” the legislation covers hotels. That is also why smoking on outdoor patios/decks is prohibited. Even if a bar/restaurant wanted to prohibit serving food/beverage in an outdoor seating area in order to allow smoking, they would not be allowed to do so because their license to serve F&B includes that area. LOTS of controversy here in Michigan, to be sure! Feelings about the Smoking Ban are split here at Alpha Lifestyle Center-but most of our customers who are struggling with qutting smoking are pleased that a major trigger (that being socializing and alcohol) is eliminated and reduces their potential for relapse.
p.s. Do you reside in a state that has a smoking ban in effect? If so, how does it differ from the law here in Michigan?
Thank you for your comments.
Alpha Lifestyle Center