Top 5 Things Businesses Should Know About Michigan's New Smoking Ban

On May 1, 2010, Michigan will become the 38th State to ban smoking in public places.

The law, which is known as the Dr. Ron Davis Smoke-Free Air Law, was passed by the Michigan legislature on December 10, 2009.  It was signed into law by Governor Jennifer Granholm on December 18, 2009.  The law applies to most public places including, but not limited to, restaurants, bars, shopping malls, bowling alleys, concert halls, arenas, museums, mechanic shops, health facilities, nursing homes, education facilities, and child care centers.  It does not apply to cigar bars, tobacco specialty retail stores, and the gaming floors of Detroit’s three casinos.  The law also does not apply to Native American land, including the Indian casinos.

In order to comply with this new statewide law, here are the top 5 things that businesses in Michigan should know:

1. Businesses must clearly and conspicuously post “no smoking” signs or the international “no smoking” symbol at each entrance and in other areas where smoking is prohibited under the law.
2. Businesses must remove ashtrays and other smoking paraphernalia from anywhere where smoking is prohibited.
3. The business owners and operators must inform individuals smoking in violation of the law that they are in violation of state law and are subject to penalties.
4. The business must refuse service to an individual smoking in violation of the Smoke Free Law.
5. The business must ask an individual smoking in violation of the law to refrain from smoking and, if the individual continues to smoke in violation of the Smoke Free Law, ask him or her to leave.

The burden is on the business owners and operators to ensure compliance with the Smoke-Free Law.  If you have any questions or concerns regarding compliance with the Smoke-Free Law, please feel free to post a comment or contact me.