HOUSE BILL No. 6269 November 5, 1998, Introduced by Rep. Varga and referred to the Committee on Regulatory Affairs. 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 sec- 2 tion, all public areas of a food service establishment shall be 3 nonsmoking. As used in this subsection, "public area" includes, 4 but is not limited to, a bathroom, a coatroom, and an entrance or 5 other area used by a patron when not seated at a food service 6 table or counter. Public area does not include the lobby, wait- 7 ing room, hallways, and lounge areas of a food service establish- 8 ment, but these areas are not required to be designated as 9 smoking areas. 06130'98 q LBO 2 1 (2) Subject to subsection (3), a food service establishment 2 with a seating capacity of fewer than 50, whether or not it is 3 owned and operated by a private club, and a food service estab- 4 lishment that is owned and operated by a private club may desig- 5 nate up to 75% of its seating capacity as seating for smokers. A 6 food service establishment with a seating capacity of 50 or more 7 that is not owned or operated by a private club may designate up 8 to 50% of its seating capacity as seating for smokers. A food 9 service establishment that designates seating for smokers shall 10 clearly identify the seats for nonsmokers as nonsmoking, place 11 the seats for nonsmokers in close proximity to each other, and 12 locate the seats for nonsmokers so as not to discriminate against 13 nonsmokers. 14 (3) A food service establishment shall not use the defini- 15 tion of seating capacity and the exemption from that definition 16 set forth in subsection (9)(c) to increase the amount of seating 17 for smokers above 75%. 18 (4) In addition to a food service establishment that pro- 19 vides its own seating, subsections (1), (2), and (3) also apply 20 to a food service establishment or group of food service estab- 21 lishments that are located in a shopping mall where the seating 22 for the food service establishment or group of food service 23 establishments is provided or maintained, or both, by the person 24 who owns or operates the shopping mall. As used in this subsec- 25 tion, "shopping mall" means a shopping center with stores facing 26 an enclosed mall. 06130'98 q 3 1 (5) The director, an authorized representative of the 2 director, or a representative of a local health department to 3 which the director has delegated responsibility for enforcement 4 of this part shall, in accordance with R 325.25902 of the 5 Michigan administrative code, inspect each food service estab- 6 lishment that is subject to this section. The inspecting entity 7 shall determine compliance with this section during each 8 inspection. 9 (6) The department or a local health department shall uti- 10 lize compliance or noncompliance with this section or with rules 11 promulgated to implement this section as criteria in the determi- 12 nation of whether to deny, suspend, limit, or revoke a license 13 pursuant to section 12907(1). 14 (7) Within 5 days after receipt of a written complaint of 15 violation of this section, a local health department shall inves- 16 tigate the complaint to determine compliance. If a violation of 17 this section is identified and not corrected as ordered by the 18 local health department within 2 days after receipt of the order 19 by the food service establishment, the local health officer may 20 issue an order to cease food service operations until compliance 21 with this section is achieved. 22 (8) This section does not apply to a private facility that 23 is serviced by a catering kitchen or to a separate room in a food 24 service establishment that is used for private banquets. This 25 section does not apply to a food service establishment that is 26 owned and operated by a fraternal organization, if service is 06130'98 q 4 1 limited to members of the fraternal organization and their 2 guests. 3 (9) As used in this section: 4 (a) "Bar" means that term as defined in section2a105 of 5 theMichigan liquor control act, Act No. 8 of the Public Acts of6the Extra Session of 1933, being section 436.2a of the Michigan7Compiled LawsMICHIGAN LIQUOR CONTROL CODE OF 1998, 1998 PA 58, 8 MCL 436.1105. 9 (b) "Room" means an area that is physically distinct from 10 the main dining area of a food service establishment and from 11 which smoke cannot pass into the main dining area. 12 (c) "Seating capacity" means the actual number of seats for 13 patrons in a food service establishment. Seating capacity does 14 not include seats located at a bar or seats at tables that are 15 located adjacent to a bar, if meals are not served at those 16 tables. 17 (d) "Smoking" means the carrying by an individual of a 18 lighted cigar, cigarette, or other lighted smoking device. 06130'98 q Final page. LBO