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.