Bill Text: MI HB4651 | 2013-2014 | 97th Legislature | Introduced

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Bill Title: Health; smoking; exemption of business from smoking ban; prohibit transfer of exemption to a different business and modify conditions for transfer to a different location. Amends sec. 12606a of 1978 PA 368 (MCL 333.12606a).

Spectrum: Partisan Bill (Democrat 3-0)

Status: (Introduced - Dead) 2013-05-01 - Printed Bill Filed 05/01/2013 [HB4651 Detail]

Download: Michigan-2013-HB4651-Introduced.html

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HOUSE BILL No. 4651

 

April 30, 2013, Introduced by Reps. Singh, Schor and Cavanagh and referred to the Committee on Regulatory Reform.

 

     A bill to amend 1978 PA 368, entitled

 

"Public health code,"

 

by amending section 12606a (MCL 333.12606a), as added by 2009 PA

 

188.

 

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

 

     Sec. 12606a. (1) A cigar bar in existence on the effective

 

date of this section May 1, 2012 that meets all of the requirements

 

of this section is exempt from the smoking prohibition of section

 

12603 and may allow smoking on its premises. 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

 

May 31, 2010 and on January 31 of each subsequent year. after the

 

effective date of this section. The affidavit shall be signed by

 

the owner or operator of the cigar bar and shall certify that the

 

cigar bar was in existence on the effective date of this section

 

May 1, 2010 and that it meets all of the following requirements:

 

     (a) In the 30-day period immediately preceding the effective

 

date of this section, May 1, 2010, the cigar bar generated 10% or

 

more of its total gross annual income from the on-site sale of

 

cigars and the rental of on-site humidors.

 

     (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 cigars and the rental of on-site humidors.

 

     (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.

 

     (f) The cigar bar allows only the smoking of cigars on the

 

premises that retail for over $1.00 per cigar.

 

     (g) The cigar bar prohibits the smoking of all other tobacco

 

products.

 

     (2) A tobacco specialty retail store in existence on the

 

effective date of this section May 1, 2010 that meets all of the

 

requirements of this section is exempt from the smoking prohibition

 

of section 12603 and may allow smoking on its premises. 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 this section May 31, 2010 and on January 31

 

of each subsequent year. after the effective date of this section.

 

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 was in existence on the effective date of

 

this section May 1, 2010 and that it meets all of the following

 

requirements:

 

     (a) In the 30-day period immediately preceding the filing of

 

the effective date of this section, May 1, 2010, 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) 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) Except as otherwise provided in this subsection, an

 

exemption granted under this section to a cigar bar or a tobacco

 

specialty retail store is not transferable to any other cigar bar

 

or tobacco specialty retail store. Unless the governing body of the

 

city, village, or township to which the cigar bar or tobacco

 

specialty retail store relocates approves the exemption transfer,

 

an exemption granted to a cigar bar or a tobacco specialty retail

 

store does not apply at any location other than the location of the

 

cigar bar or the tobacco specialty retail store on the date the

 

exemption was originally granted. This subsection does not

 

invalidate the transfer of an exemption for a cigar bar or tobacco

 

specialty retail store that the department of community health

 

authorized before September 1, 2013.