Michigan Laws 333.12603 – Smoking in public place or at meeting of public body prohibited; duties of owner, operator, manager, or person having control of public place, food establishment, or casino; good faith effort to
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Terms Used In Michigan Laws 333.12603
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Casino: means that term as defined in section 2 of the Michigan gaming control and revenue act, 1996 IL 1, MCL 432. See Michigan Laws 333.12601
- Food service establishment: means a food service establishment as defined in section 12905. See Michigan Laws 333.12601
- Meeting: means a meeting as defined in section 2 of the open meetings act, 1976 PA 267, MCL 15. See Michigan Laws 333.12601
- person: may extend and be applied to bodies politic and corporate, as well as to individuals. See Michigan Laws 8.3l
- Public body: means a public body as defined in section 2 of the open meetings act, 1976 PA 267, MCL 15. See Michigan Laws 333.12601
- Public place: except as otherwise provided in subsection (2), means any of the following:
(i) An enclosed, indoor area owned or operated by a state or local governmental agency and used by the general public or serving as a meeting place for a public body, including an office, educational facility, home for the aged, nursing home, county medical care facility, hospice, hospital long-term care unit, auditorium, arena, meeting room, or public conveyance. See Michigan Laws 333.12601smoke: means the burning of a lighted cigar, cigarette, pipe, or any other matter or substance that contains a tobacco product. See Michigan Laws 333.12601 Smoking paraphernalia: means any equipment, apparatus, or furnishing that is used in or necessary for the activity of smoking. See Michigan Laws 333.12601 state: when applied to the different parts of the United States, shall be construed to extend to and include the District of Columbia and the several territories belonging to the United States; and the words "United States" shall be construed to include the district and territories. See Michigan Laws 8.3o
(1) An individual shall not smoke in a public place or at a meeting of a public body, and a state or local governmental agency or the person who owns, operates, manages, or is in control of a public place shall make a reasonable effort to prohibit individuals from smoking in a public place.
(2) The owner, operator, manager, or person having control of a public place, a food service establishment, or a casino subject to section 12606b shall do all of the following:
(a) Clearly and conspicuously post “no smoking” signs or the international “no smoking” symbol at the entrances to and in every building or other area where smoking is prohibited under this act.
(b) Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited under this act.
(c) Inform individuals smoking in violation of this act that they are in violation of state law and subject to penalties.
(d) If applicable, refuse to serve an individual smoking in violation of this act.
(e) Ask an individual smoking in violation of this act to refrain from smoking and, if the individual continues to smoke in violation of this act, ask him or her to leave the public place, food service establishment, or nonsmoking area of the casino.
(3) The owner, operator, manager, or person in control of a hotel, motel, or other lodging facility shall comply with subsection (2) and section 12606. It is an affirmative defense to a prosecution or civil or administrative action for a violation of this section that the owner, operator, manager, or person in control of a hotel, motel, or other lodging facility where smoking is prohibited under this section made a good faith effort to prohibit smoking by complying with subsection (2). To assert the affirmative defense under this subsection, the owner, operator, manager, or person shall file a sworn affidavit setting forth his or her efforts to prohibit smoking and his or her actions of compliance with subsection (2).
(4) This section may be referred to as the “Dr. Ron Davis Law”.