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Re: Michigan Smoking Ban

January 27th, 2010 in Kelly's Thoughts
 

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?

 

One Response to “Re: Michigan Smoking Ban”

  1. Mike says:
    January 29, 2010 at 12:43 pm

    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

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