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 Campaign for Smokefree Air
“Frequently Asked Questions” about the New Smoke-free Act

December 18, 2009

The Dr. Ron Davis Smoke-free Act was signed into law on Dec. 18, 2009, and will go into effect on May 1, 2010. Following are answers to questions about what the law entails and how it will be enforced:

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—cannot 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.