Get out and support Michigan’s new smoke-free law on May 1

Mar 9th, 2010 | By | Category: Featured

For more than 10 years, the Michigan Osteopathic Association (MOA) and others worked to bring smoke-free legislation to Michigan’s workplaces. In one of the biggest political victories in our history, we got it done this year. But our work isn’t over. Even now, forces behind the scenes are working to introduce legislation that would weaken our smoke-free laws by exempting private clubs.

Plus, despite overwhelming evidence that smoke-free laws in other states have resulted in no lost revenue for bars and restaurants, many small business owners in Michigan are worried about how the new law will affect their businesses. With that in mind, MOA is encouraging our members to get out on May 1 to show support for bars, restaurants and other small businesses as they implement the new rules. Tell your patients, friends and families to do the same. We want to make sure that our favorite local establishments see the positive effects this new law can bring.

More on this in the April issue of UPDATE Online and on the MOA website at www.mi-osteopathic.org.

Still wondering how the smoke-free law works? The Campaign for Smokefree Air has issued the following list of answers to frequently-asked questions:

What does the smoke-free law cover?
The law will cover any workplace and any food service establishment.  A workplace is a site employing at least one person.  A food service establishment is any place with license to serve food or beverages. This includes any public place—restaurants, bars, shopping  malls, bowling alleys, concert halls, arenas, museums, mechanic shops , health facilities, nursing homes, education facilities and child care centers.

Does this include restaurant patios?
Yes, these outdoor areas where food and beverage may be served will be smoke-free.  This includes patios at bars and restaurants.

What about VFW halls or other private clubs?
They will be smoke-free. Any establishment that serves food and drink- which requires a license- can not allow smoking, even if it only serves once a week or once a year. If they don’t serve food and drink, but employ at least one person, they must be smoke-free.

What about casinos?
The only place you can smoke in a casino is on the gaming floors of Detroit’s three casinos.  Every bar, restaurant, hotel room, conference room and lobby outside the gaming space will be smoke-free.  State law does not govern Native American land, so smoking may be allowed at tribal casinos.

What about cigar bars and tobacco shops?
Smoking may be allowed at existing cigar bars that have a humidor and derive at least 10 percent of their revenue from cigar sales.

Also, smoking may be allowed at tobacco specialty shops with 75 percent of sales coming from tobacco products.  Tobacco shops cannot serve food or drink.

What about hookah bars?
Hookah bars can operate as tobacco specialty shops, but they can’t serve food or drink.

What happens if smoking is occurring?
If someone is smoking, the owner or manager is required to ask them to stop. If they don’t, the owner or manager is required to deny service and asked the smoking patron to leave. If they still don’t stop, police could be called.

What happens if an establishment is allowing smoking?
If a bar or restaurant is allowing smoking, the local health department can be asked to investigate. Then, it is handled in a similar fashion to any other health issue, like spoiled food. If the establishment doesn’t stop the smoking, the health department can shut them down.

Is there a penalty?
The fine for smoking in a smoke-free establishment will be $100 for the first offense and up to $500 for subsequent violations.  The restaurant, bar, worksite and/or smoking patron/employee can be fined.

4 comments
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  1. I do not smoke, well I had a cigarette sometimes when getting that beer down. But before someone tells
    someone they should not smoke, remember this, all the jobs created to grow tobacco, business that
    made cigarettes and employed people, oh, by the people that was hired to work in the retail stores.
    One big thing you all forgot, Is all the taxes our government got from all those people, those taxes went
    to probably non-profit organizations. When glad smoking gone, remember your favorite thing you like
    to do, and they tell you. You can no longer do that. In America, It was called FREEDOM, You had the
    choice to smoke/don’t smoke, go to a bar people smoke. Pack of cigarettes had $2.00 tax on them,
    that tax is to fund children healthcare. What made America, was all the business that were here and
    all the taxes the government made off them. So, you want to get rid of these companies who pay taxes
    then that means more taxes for the consumer. My question to you, do you want someone telling you
    what you can/can’t do. Remember in AMERICA we fought for freedom, that why we are different than
    other countries,

    Freedom

  2. A freedom is not a freedom if it takes anothers freedom away ! and I dont mean the bars as I dont go there anyway, all the other places that I want to go to but cant for all the smoke that makes me ill.! literly …telling people to stop making others ill and having the gov pay to take care of them after they become too ill to go to the bars , is not a freedom !

  3. Wake up! This is a free country, at least the last I heard? If you don’t like it or makes you sick then STAY HOME! I was deathly ill for over 17 years, from peoples so call cleanlyiness, did anyone care, NO. I stayed home and shopped online, spent over 200 thousand for alternative treatments, I Smoked everyday all day long! Do you have a fire place in your home, a furnace, a fire pit, drive a car, eat peanuts, wear colognes, BO spray, wash your clothes, wear make-up, use hairspry? not to mention all the others, maybe even eat chocolate? These are all called allergns, are they not? Let band o9f of these things to, because they kill people to, where is everyone going with all of this? Now, even banding toys from kids meals and the ice cream trucks? Wow, start focusing on you and not running everyone elses life! I have no problem allowing a business, to make their own choices. Have smoke free and smoking businesses the answer is not to band anything. Now I see they have fragence free buildings, so what is next? Maybe we should just close all of the schools, and places where people meet, since they seem never to turn the other cheek and second hand smoke is not your problem, it is your fear based belief, that causes dis-ease and a doctors office is call a practice for a reason, it is not called KNOWNING, is it? Most business have banded smoking early becasue if saves then on insurance cost, that is the really thruth. By the way keep taking all of the big businesses magic pill. Banding smoking, is not going to stop you from taking the magic pill, with the side effect of even death, now is it? You don’t seem to take that into consideration, now do you? Oh, but you seem to blame smokes for what? You sure love seeing them over taxed, don’t you. Our for fathers put the Constitution, in place to protect, ALL PEOPLE, as soon as society labels or names people to seperate them, they have now violated, this smokers, witches, gays etc.. For shame on you all, your day of judgement will arrive.

  4. It is a free country, but that doesn’t mean that we are free to do everything we want. Bars and restaurants are regulated industries. We already regulate many health code issues in both, including food safety and the like. Adding smoking to the list, which study after study has proved is harmful to both the smoker and those suffering the secondhand smoke, is a natural fit.

    I should also note that the word “practice,” as it pertains to medical practices, does not infer a lack of knowledge. In fact, it’s quite the opposite. The standard definition of “practice” includes the following:

    1) the doing of something as an application of knowledge
    2) the exercise of a profession or occupation

    Thanks for commenting!

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