Q. What do I need to do when the Smoking Ban goes into effect?

Q. Can customers smoke on my patio or outdoor seating area?

Q. Does my business qualify for an exemption?

Q. Since a golf course is "the licensed premise for food & beverage" in its entirety, is smoking banned on the whole course? 

Q. Are Private Clubs and Country Clubs exempt?

Q. Is smokeless tobacco allowed?

Q. If they go outside, do smokers have to be a certain distance from the door?

Q. Will people be able to smoke in their hotel rooms?

Q. What about casinos?

• 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.
• Remove all ashtrays and other smoking paraphernalia from anywhere smoking is prohibited.
• Inform individuals who are smoking that they are in violation of state law and subject to penalties.
• If applicable, refuse to serve an individual smoking in violation of the law.
• Ask an individual smoking in violation of the law to refrain from smoking and, if the individual continues to smoke, ask him or her to leave the establishment.

You are not required to call law enforcement to report violations of this law, though it is your right to do so if you wish.

Q. Can customers smoke on my patio or outdoor seating area?

We are working around the clock with different state departments, attorneys, and other interested parties to ensure we are giving our members correct information regarding all aspects of the new smoking ban, and we will update members as soon as a final determination regarding outdoor service has been made.

Q. Does my business qualify for an exemption?
A. The only exemption for liquor-licensed establishments (besides the three privately-owned casinos in Detroit) is for "Cigar Bars."  To qualify as a cigar bar, you must complete this affadavit and return it to the State of Michigan by June 1, 2010. Cigar bars must meet at least the following criteria:

• You must have a built-in Humidor on the premises for inventory and rental space.
• 10% of gross revenue must come from the sale of cigars or rental of Humidor space.
• Cigarette smoking must not be allowed; Only cigar smoking can be permitted.

** UPDATE ** March 15, 2010 -- Click here for the Cigar Bar affadavit form from the Michigan Department of COmmunity Health.

Q. Since a golf course is "the licensed premise for food & beverage" in it's entirety, is smoking banned on the whole course? 
A. As with patio and outdoor service, there seems to be conflicting messages in the legislation on this issue. The MLBA is working to develop a final interpretation of the law with regards to all outdoor areas, including golf courses.

Q. Are Private Clubs and Country Clubs exempt?
A. Private clubs, Fraternal organizations, Veterans clubs, Country Clubs and other establishments with Club Licenses are subject to the same restrictions as all other licensees. Smoking is not allowed at these establishments.

Q. Is smokeless tobacco allowed?
A. Yes. Smoking is defined as the buring of a lighted cigar, cigarette, pipe, or any other matter or substance that contains a tobacco product. You are free to set your own policy regarding smokeless tobacco products.

Q. If they go outside, do smokers have to be a certain distance from the door?
A. There is currently no regulation that dictates how far from the door smokers need to be. It is possible that a guideline will be put in place as enforcement rules are determined by the Department of Community Health.

Q. Will people be able to smoke in their hotel rooms?
A. Smoking is prohibited in all hotels, including bars, dining areas, common areas and guest rooms.

Q. What about casinos?
A. The gaming floors of Detroit's three casinos were specifically exempted from the ban, however bar areas and restaurants will be smoke-free. The smoking ban has no effect on the many Native American casinos in the state -- as sovreign tribal entities, they are not subject to this law and can continue to determine their own smoking policies.