Bill Text: MI HB5637 | 2009-2010 | 95th Legislature | Introduced

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Bill Title: Food; service establishments; children sitting in designated smoking section; prohibit. Amends sec. 12905 of 1978 PA 368 (MCL 333.12905).

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2009-12-03 - Printed Bill Filed 12/03/2009 [HB5637 Detail]

Download: Michigan-2009-HB5637-Introduced.html

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HOUSE BILL No. 5637

 

December 2, 2009, Introduced by Rep. Geiss 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:

 

     Sec. 12905. (1) Except as otherwise provided in this section,

 

all public areas of a food service establishment shall be

 

nonsmoking. As used in this subsection, "public area" includes, but

 

is not limited to, a bathroom, a coatroom, and an entrance or other

 

area used by a patron when not seated at a food service table or

 

counter. Public area does not include the lobby, waiting room,

 

hallways, and lounge areas of a food service establishment, but

 

these areas are not required to be designated as smoking areas.

 

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

 

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

 

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

 

establishment that is owned and operated by a private club may

 

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

 

A food service establishment with a seating capacity of 50 or more

 

that is not owned or operated by a private club may designate up to

 

50% of its seating capacity as seating for smokers. A food service

 

establishment that designates seating for smokers shall clearly

 

identify the seats for nonsmokers as nonsmoking, place the seats

 

for nonsmokers in close proximity to each other, and locate the

 

seats for nonsmokers so as not to discriminate against nonsmokers.

 

A food service establishment shall not allow an individual under 18

 

years of age, whether or not accompanied by an adult, to sit in an

 

area designated as seating for smokers.

 

     (3) A food service establishment shall not use the definition

 

of seating capacity and the exemption from that definition set

 

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

 

smokers above 75%.

 

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

 

its own seating, subsections (1), (2), and (3) also apply to a food

 

service establishment or group of food service establishments that

 

are located in a shopping mall where the seating for the food

 

service establishment or group of food service establishments is

 

provided or maintained, or both, by the person who owns or operates

 

the shopping mall. As used in this subsection, "shopping mall"

 

means a shopping center with stores facing an enclosed mall.

 

     (5) The director, an authorized representative of the

 

director, or a representative of a local health department to which

 

the director has delegated responsibility for enforcement of this

 

part shall , in accordance with R 325.25902 of the Michigan

 

administrative code, inspect each food service establishment that

 

is subject to this section. The inspecting entity shall determine

 

compliance with this section during each inspection.

 

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

 

compliance or notify the department of agriculture of any

 

noncompliance with this section or with rules promulgated to

 

implement this section. The department of agriculture may use

 

compliance or noncompliance with this section and any rules

 

promulgated to implement this section as criteria in the

 

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

 

license pursuant to section 12907(1) issued under the food law of

 

2000, 2000 PA 92, MCL 289.1101 to 289.8111.

 

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

 

violation of this section, a local health department shall

 

investigate the complaint to determine compliance. If a violation

 

of this section is identified and not corrected as ordered by the

 

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

 

the food service establishment, the local health officer may issue

 

an order to cease food service operations until compliance with

 

this section is achieved.

 

     (8) This section does not apply to a the following:

 

     (a) A private facility that is serviced by a catering kitchen

 

or to a separate room in a food service establishment that is used

 

for private banquets. This section does not apply to a

 

     (b) A food service establishment that is owned and operated by

 

a fraternal organization, if service is limited to members of the

 

fraternal organization and their guests.

 

     (9) As used in this section:

 

     (a) "Bar" means that term as defined in section 2a 105 of the

 

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

 

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

 

Compiled Laws code of 1998, 1998 PA 58, MCL 436.1105.

 

     (b) "Room" means an area that is physically distinct from the

 

main dining area of a food service establishment and from which

 

smoke cannot pass into the main dining area.

 

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

 

patrons in a food service establishment. Seating capacity does not

 

include seats located at a bar or seats at tables that are located

 

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

 

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

 

cigar, cigarette, or other lighted smoking device.