House Introduced Bill 4114

HOUSE BILL No. 4114

January 31, 2001, Introduced by Reps. Basham and Lemmons and referred to the Committee on Regulatory Reform.

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:

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Sec. 12905. (1) Except as otherwise provided in this sec-

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tion, all public areas of a food service establishment shall

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be nonsmoking NOT ALLOW SMOKING IN THE PUBLIC AREAS OF THE FOOD

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SERVICE ESTABLISHMENT. As used in this subsection, "public

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"PUBLIC area" includes, but is not limited to, a bathroom, a

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coatroom, and an entrance or other area used by a patron when not

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seated at a food service table or counter ALL AREAS OF A FOOD

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SERVICE ESTABLISHMENT THAT ARE OPEN TO THE PUBLIC. Public area

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does not include the lobby, waiting room, hallways, and lounge

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areas of a food service establishment, but these areas are not

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required to be designated as smoking areas.

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(2) Subject to subsection (3), a food service establishment

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with a seating capacity of fewer than 50, whether or not it is

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owned and operated by a private club, and a food service estab-

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lishment that is owned and operated by aby a private club may

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designate up to 75% of its seating capacity as seating for

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smokers. A food service establishment with a seating capacity of

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50 or more that is not owned or operated by a private club may

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designate up to 50% of its seating capacity as seating for

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smokers. A food service establishment that designates seating

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for smokers shall clearly identify the seats for nonsmokers as

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nonsmoking, place the seats for nonsmokers in close proximity to

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each other, and locate the seats for nonsmokers so as not to dis-

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criminate against nonsmokers.

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(3) A food service establishment shall not use the defini-

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tion of seating capacity and the exemption from that definition

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set forth in subsection (9)(c) to increase the amount of seating

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for smokers above 75%.

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(2) (4) In addition to a food service establishment that

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provides its own seating, subsections (1), (2), and (3) also

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apply SUBSECTION (1) APPLIES to a food service establishment or

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group of food service establishments that are located in a shop-

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ping mall where the seating for the food service establishment or

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group of food service establishments is provided or maintained,

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or both, by the person who owns or operates the shopping mall.

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As used in this subsection, "shopping mall" means a shopping

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center with stores facing an enclosed mall.

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(3) (5) The director, or a representative of a local

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health department to which the director, an authorized represen-

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tative of the director, has delegated responsibility for enforce-

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ment of this part shall, in accordance with R 325.25902 of the

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Michigan administrative code, inspect each food service estab-

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lishment that is subject to this section. The inspecting entity

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shall determine compliance with this section during each

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inspection.

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(4) (6) The department or a local health department shall

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utilize compliance or noncompliance with this section or with

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rules promulgated to implement this section as criteria in the

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determination of whether to deny, suspend, limit, or revoke a

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license. pursuant to section 12907(1).

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(5) (7) Within 5 days after receipt of a written complaint

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of violation of this section, a local health department shall

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investigate the complaint to determine compliance. If a viola-

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tion of this section is identified and not corrected as ordered

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by the local health department within 2 days after receipt of the

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order by the food service establishment, the local health officer

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may issue an order to cease food service operations until compli-

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ance with this section is achieved.

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(6) (8) This section does not apply to a private facility

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that is serviced by a catering kitchen or to a separate room in a

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food service establishment that is used for private banquets.

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This section does not apply to a food service establishment that

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is owned and operated by a fraternal organization, if service is

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limited to members of the fraternal organization and their

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guests. ALL OF THE FOLLOWING:

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(A) A FOOD SERVICE ESTABLISHMENT THAT IS OWNED AND OPERATED

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BY A PRIVATE CLUB THAT SERVES ONLY CLUB MEMBERS AND THEIR

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GUESTS.

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(B) A FOOD SERVICE ESTABLISHMENT THAT IS OWNED AND OPERATED

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BY A FRATERNAL ORGANIZATION IF THE SERVICE IS LIMITED TO MEMBERS

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OF THAT FRATERNAL ORGANIZATION AND THEIR GUESTS.

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(C) A PRIVATE FACILITY THAT IS SERVICED BY A CATERING

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KITCHEN.

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(D) A SEPARATE ROOM IN A FOOD SERVICE ESTABLISHMENT THAT IS

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USED FOR PRIVATE BANQUETS.

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(7) (9) As used in this section:

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(a) "Bar" means that term as defined in section 2a of the

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Michigan liquor control act, Act No. 8 of the Public Acts of the

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Extra Session of 1933, being section 436.2a of the Michigan

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Compiled Laws.

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(A) (b) "Room" "SEPARATE ROOM" means an area that is phys-

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ically distinct from the main dining area of a food service

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establishment and from which smoke cannot pass into the main

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dining area.

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(c) "Seating capacity" means the actual number of seats for

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patrons in a food service establishment. Seating capacity does

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not include seats located at a bar or seats at tables that are

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located adjacent to a bar, if meals are not served at those

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tables.

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(B) "SHOPPING MALL" MEANS A SHOPPING CENTER WITH STORES

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FACING AN ENCLOSED MALL.

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(C) (d) "Smoking" means the carrying by an individual of a

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lighted cigar, cigarette, or other lighted smoking device.

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