April 19, 2005, Introduced by Reps. Vander Veen, Clack, Anderson, Meisner, Williams and Newell and referred to the Committee on Commerce.
A bill to amend 1978 PA 368, entitled
"Public health code,"
by amending section 12905 (MCL 333.12905), as amended by 1993 PA
242, and by amending the heading to part 129; and to repeal acts
and parts of acts.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
PART 129. FOOD SERVICE SANITATION SMOKE-FREE FOOD SERVICE
ESTABLISHMENTS
Sec.
12905. (1) Except as otherwise provided in this section,
all
public areas of a food service
establishment shall be
nonsmoking
not allow smoking and a person shall not smoke in a
food
service establishment. As used in
this subsection, "public
area"
includes, but is not limited to, a bathroom, a coatroom, and
an
entrance or other area used by a patron when not seated at a
food
service table or counter. Public area does not include the
lobby,
waiting room, hallways, and lounge areas of a food service
establishment,
but these areas are not required to be designated as
smoking
areas.
(2)
Subject to subsection (3), a food service establishment
with
a seating capacity of fewer than 50, whether or not it is
owned
and operated by a private club, and a food service
establishment
that is owned and operated by aby a private club may
designate
up to 75% of its seating capacity as seating for smokers.
A
food service establishment with a seating capacity of 50 or more
that
is not owned or operated by a private club may designate up to
50%
of its seating capacity as seating for smokers. A food service
establishment
that designates seating for smokers shall clearly
identify
the seats for nonsmokers as nonsmoking, place the seats
for
nonsmokers in close proximity to each other, and locate the
seats
for nonsmokers so as not to discriminate against nonsmokers.
(3)
A food service establishment shall not use the definition
of
seating capacity and the exemption from that definition set
forth
in subsection (9)(c) to increase the amount of seating for
smokers
above 75%.
(2) (4)
In addition to a food service
establishment that
provides
its own seating, subsections (1), (2), and (3) also apply
subsection (1) applies to a food service establishment or group of
food
service establishments that are located in a shopping mall
where
in which the seating for the
food service establishment or
group of food service establishments is provided or maintained, or
both,
by the person who owns or operates the shopping mall. As
used
in this subsection, "shopping mall" means a shopping center
with
stores facing an enclosed mall.
(3) (5)
The director, or a representative
of a local health
department to which the director, an authorized representative of
the director, has delegated responsibility for enforcement of this
part
shall , in accordance with R 325.25902 of the Michigan
administrative
code, inspect each food service
establishment that
is subject to this section. The inspecting entity shall determine
compliance with this section during each inspection.
(4) (6)
The department or a local health
department shall
utilize compliance or noncompliance with this section or with rules
promulgated to implement this section as criteria in the
determination
recommendation to the
department of agriculture of
whether
to deny, suspend, limit, or revoke a license pursuant to
section
12907(1) issued under the
food law of 2000, 2000 PA 92, MCL
289.1101
to 289.8111.
(5) (7)
Within 5 days after receipt of a
written complaint
of violation of this section, a local health department shall
investigate the complaint to determine compliance. If a violation
of this section is identified and not corrected as ordered by the
local health department within 2 days after receipt of the order by
the food service establishment, the local health officer may issue
an order to cease food service operations until compliance with
this section is achieved.
(8)
This section does not apply to a private facility that is
serviced
by a catering kitchen or to a separate room in a food
service
establishment that is used for private banquets. This
section
does not apply to a food service establishment that is
owned
and operated by a fraternal organization, if service is
limited
to members of the fraternal organization and their guests.
(6) Signs or the international "no smoking" symbol shall be
clearly and conspicuously posted at the entrance to and in every
building or other area where smoking is prohibited under this
section. The owner, operator, manager, or person having control of
the building or other area shall post the signage. The owner,
operator, manager, or person having control of the area shall
remove all ashtrays and other smoking paraphernalia from any area
where smoking is prohibited under this section.
(7) (9) As used in this section:
(a)
"Bar" means that term as defined in section 2a of the
Michigan
liquor control act, Act No. 8 of the Public Acts of the
Extra
Session of 1933, being section 436.2a of the Michigan
Compiled
Laws.
(b)
"Room" means an area that is physically distinct from the
main
dining area of a food service establishment and from which
smoke
cannot pass into the main dining area.
(c)
"Seating capacity" means the actual number of seats for
patrons
in a food service establishment. Seating capacity does not
include
seats located at a bar or seats at tables that are located
adjacent
to a bar, if meals are not served at those tables.
(a) "Food service establishment" means that term as defined in
section 1107 of the food law of 2000, 2000 PA 92, MCL 289.1107.
(b) "Shopping mall" means a shopping center with stores facing
an enclosed mall.
(c) (d)
"Smoking" means the carrying by an
individual of a
lighted cigar, cigarette, or other lighted smoking device.
Enacting section 1. Sections 12909 and 12915 of the public
health code, 1978 PA 368, MCL 333.12909 and 333.12915, are
repealed.