September 11, 2008, Introduced by Rep. Farrah and referred to the Committee on Regulatory Reform.
A bill to amend 1978 PA 368, entitled
"Public health code,"
(MCL 333.1101 to 333.25211) by adding sections 12601a, 12606a,
12606b, 12606c, and 12905b.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 12601a. (1) Notwithstanding section 12601, public place
does not include a motor vehicle, a place at which a licensed bingo
event or millionaire party is conducted, or the non-food-service-
establishment portion of the premises of a licensee under the horse
racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.
(2) As used in this section:
(a) "Licensed bingo event or millionaire party" means a bingo
event or millionaire party conducted by a licensee under the
Traxler-McCauley-Law-Bowman bingo act, 1972 PA 382, MCL 432.101 to
432.120.
(b) "Motor vehicle" means that term as defined in section 33
of the Michigan vehicle code, 1949 PA 300, MCL 257.33.
Sec. 12606a. Section 12606 does not impair, diminish, or
otherwise affect any collectively bargained procedure or remedy
available to an employee on the effective date of this section,
with respect to disputes arising under the employer's or food
service establishment's nonsmoking policy. This section and section
12606 apply to collectively bargained smoking procedures or
remedies upon the expiration or modification of a collectively
bargained smoking procedure or remedy that was in effect on or
bargained for after the effective date of this section.
Sec. 12606b. (1) A cigar bar that meets all of the
requirements of this section is not a public place under this part,
is exempt from the smoking prohibition of section 12603, and may
allow smoking on its premises. Subject to subsection (5), a cigar
bar that does not meet all of the requirements of this section is a
public place under this part. To qualify for the exemption under
this section, the person who owns or operates a cigar bar shall
file an affidavit with the department on or before the expiration
of 30 days after the effective date of this section if the cigar
bar is in existence on the effective date of this section or 30
days or more before he or she wishes to use this exemption, and on
January 31 of each year after the effective date of the exemption.
The affidavit shall be signed by the owner or operator of the cigar
bar and shall certify that the cigar bar meets all of the following
requirements:
(a) In the 30-day period immediately preceding the filing of
the first affidavit under this subsection, the cigar bar generated
10% or more of its total gross annual income from the on-site sale
of tobacco products and the rental of on-site humidors, not
including any sales of tobacco products from vending machines.
(b) For each calendar year after the calendar year in which
the first affidavit is filed under this subsection, the cigar bar
generates 10% or more of its total gross annual income from the on-
site sale of tobacco products and the rental of on-site humidors,
not including any sales of tobacco products from vending machines.
(c) The cigar bar is located on premises that are physically
separated from any areas of the same or adjacent establishment in
which smoking is prohibited under this part or part 129 and where
smoke does not infiltrate into those nonsmoking areas. As used in
this subdivision, "physically separated" means an area that is
enclosed on all sides by any combination of solid walls, windows,
or doors that extend from the floor to ceiling.
(d) The cigar bar has installed on its premises an on-site
humidor.
(e) The cigar bar prohibits entry to a person under the age of
18 during the time the cigar bar is open for business.
(2) A tobacco specialty retail store that meets all of the
requirements of this section is not a public place under this part,
is exempt from the smoking prohibition of section 12603, and may
allow smoking on its premises. Subject to subsection (5), a tobacco
specialty retail store that does not meet all of the requirements
of this section is a public place under this part. To qualify for
the exemption under this section, the person who owns or operates a
tobacco specialty retail store shall file an affidavit with the
department on or before the expiration of 30 days after the
effective date of the exemption if the tobacco specialty retail
store is in existence on the effective date of this section or 30
days or more before he or she wishes to use this exemption, and on
January 31 of each year after the effective date of the exemption.
The affidavit shall be signed by the owner or operator of the
tobacco specialty retail store and shall certify that the tobacco
specialty retail store meets all of the following requirements:
(a) In the 30-day period immediately preceding the filing of
the first affidavit under this subsection, the tobacco specialty
retail store generated 75% or more of its total gross annual income
from the on-site sale of tobacco products and smoking
paraphernalia.
(b) For each calendar year after the calendar year in which
the first affidavit is filed under this subsection, the tobacco
specialty retail store generated 75% or more of its total gross
annual income from the on-site sale of tobacco products and smoking
paraphernalia.
(c) The tobacco specialty retail store is located on premises
that are physically separated from any areas of the same or
adjacent establishments in which smoking is prohibited under this
part or part 129 and where smoke does not infiltrate into those
nonsmoking areas. As used in this subdivision, "physically
separated" means an area that is enclosed on all sides by any
combination of solid walls, windows, or doors that extend from the
floor to ceiling.
(d) The tobacco specialty retail store prohibits entry to a
person under the age of 18 during the time the tobacco specialty
retail store is open for business.
(3) The department may request additional information from a
cigar bar or tobacco specialty retail store to verify that the
cigar bar or tobacco specialty retail store meets the requirements
of this section. A cigar bar or tobacco specialty retail store
shall comply with requests from the department under this section.
(4) The information submitted by a cigar bar or a tobacco
specialty retail store to the department under this section is
exempt from disclosure under the freedom of information act, 1976
PA 442, MCL 15.231 to 15.246.
(5) Except as otherwise provided in this subsection, a cigar
bar or tobacco specialty retail store that does not meet the
requirements of this section or violates this section is not exempt
from the smoking prohibition of section 12603 and shall immediately
prohibit smoking on its premises. A cigar bar or tobacco specialty
retail store that meets all of the requirements of this section
other than filing the affidavit as required under subsection (1) or
(2), retains its exemption and may continue to allow smoking during
the period beginning on the date the affidavit is due and ending on
the expiration of 21 days after that date. However, if the
affidavit remains unfiled after the 21-day grace period, the cigar
bar or tobacco specialty retail store is not exempt from the
smoking prohibition of section 12603 and shall immediately prohibit
smoking on its premises. A cigar bar or tobacco specialty retail
store that loses its exemption under this subsection is not exempt
from the smoking prohibition of section 12603, shall immediately
prohibit smoking on its premises, and may only again qualify for
the exemption under this section by filing an affidavit and meeting
all of the requirements of subsection (1) or (2), as applicable.
(6) A person who makes a false statement in an affidavit under
this section is guilty of perjury under section 423 of the Michigan
penal code, 1931 PA 328, MCL 750.423.
(7) As used in this section:
(a) "Cigar bar" means an establishment or area within an
establishment that is open to the public and is designated for the
smoking of tobacco products, purchased on the premises or
elsewhere.
(b) "Tobacco specialty retail store" means an establishment
that is not required to be licensed as a food service
establishment, in which the primary purpose is the retail sale of
tobacco products and smoking paraphernalia, and in which the sale
of other products is incidental.
Sec. 12606c. (1) Except as otherwise provided in this section,
a casino is not a public place under this part and smoking may be
allowed on the floor space of the casino where gambling games are
conducted or played. Determination of what constitutes floor space
shall be made in a manner acceptable to the department or to the
local health department authorized to enforce this part, as
provided in rules promulgated by the department.
(2) Smoking is prohibited on the floor space of a casino where
gambling games are conducted or played under either or both of the
following circumstances:
(a) This state negotiates an agreement with the federally
recognized Indian tribes that conduct gambling games in this state
to prohibit smoking in areas where gambling games are conducted
pursuant to an Indian gaming compact or other appropriate
agreement.
(b) A majority of federally recognized Indian tribes that
conduct gambling games in this state voluntarily prohibit smoking
in areas of the tribal casinos where gambling games are conducted
or played, as determined by the records of the Michigan gaming
control board.
(3) As used in this section, "casino" means that term as
defined in section 2 of the Michigan gaming control and revenue
act, 1996 IL 1, MCL 432.202. Casino does not include a casino
operated under the Indian gaming regulatory act, Public Law 100-
497, 102 Stat. 2467.
Sec. 12905b. Notwithstanding section 12905, food service
establishment does not include an establishment exempt from the
smoking prohibition under section 12606b.
Enacting section 1. This amendatory act does not take effect
unless Senate Bill No.____ or House Bill No. 6449(request no.
07553'08) of the 94th Legislature is enacted into law.