Smoking Ban Starts Saturday
Local restaurants and bars are ready for the statewide ban on smoking that will be enacted Saturday, May 1, and some say they plan to set up ash trays or benches for smokers who will step outside their establishments to light up. The law that was passed December 10 prevents smoking in food service businesses such as restaurants and bars, and practically all businesses. Nobody may smoke in any place where food and drinks are served in the business, including outdoor patios.
The goal of the ban at restaurants is to reduce exposure to secondhand smoke by restaurant patrons and food service workers, said Nick Derusha, health officer of Luce, Mackinac, Alger, and Schoolcraft (LMAS) Health Department.
Restaurants and bars must display signs by their entrances notifying patrons there is no smoking. All smoking materials, such as ash trays and ash cans, must also be removed from everywhere smoking is prohibited. The law does not apply to tribal casinos, or on the gaming floors of Detroit's three casinos.
Enforcement of the law will fall to the health department.
The law, however, does not specify how far away smokers must be from a business entrance. An LMAS regulation enacted in 2006 specifies smoking must take place at a distance so that people can enter and leave without breathing it in, Mr. Derusha said, although a minimum distance is not specified. The regulation affects Mackinac, Alger, and Schoolcraft counties, but not Luce, which exempted itself when it approved the law, he added. Both the state law and the health department's regulation will be active simultaneously.
Complaints can be made to the local health department if patrons find smoking is conducted at food service businesses, Mr. Derusha said. For other businesses, the Michigan Department of Community Health should be called.
District Health Department Number 4 of Cheboygan and the Health Department of Northwest Michigan, both of which serve parts of Mackinaw City, do not have laws regulating how far a person must be from the entrance of a bar or restaurant to smoke.
Local health departments will be responsible for enforcing the smoking ban, said Jane Sundmacher, a public information officer of the Health Department of Northwest Michigan. If smoking paraphernalia such as ash trays are discovered, then a fine may be imposed. A $100 fine is issued for the first offense, and $500 for each additional offense.
Business owners will be responsible for notifying patrons they are not allowed to smoke, she said. Patrons should be told they cannot smoke, and service should be refused if the patron continues to. Owners should then ask the patron to leave if he keeps smoking, and call the police if he does not leave. She does not expect any problems.
“When smokers know smoking is not welcome, they generally don't do it,” Mrs. Sundmacher said.
Local Businesses Speak on Ban
Reactions to the smoking ban are mixed. Nick Jaggi, owner of Audie's Restaurant in Mackinaw City, said he will follow the law completely and is pleased with the new regulation.
“I'm all in favor of the smoking ban,” he said.
The restaurant has been smoke-free for several years, but not its bar. He expects the law to initially reduce profits, but believes it will rebound within several months. He feels the restriction is worthwhile as it will make the restaurant a healthier place for his customers and employees.
Expecting patrons to smoke outside, Mr. Jaggi plans to place ash trays outside of the building to provide a place for them to do so. It will also make it easier to clean up the inevitable mess, he said.
The ban will likely damage Dixie Saloon's profits, said General Manager Mark Beaubien, which will also impact its bartenders. Bartenders will make less money in tips, as patrons visiting the bar will probably drink less before leaving. This is particularly hard on them, he added, as the Mackinaw City business cuts back on hours during the off-season.
“I can understand doing it, but not at this time when the economy is the way it is,” he said of the ban.
A better idea would have been to make smoking legal at night, as most people who go to a bar expect smoke, he opined. In the meantime, the saloon will install the necessary signs and remove smoking equipment.
Peter Dewey, manager of the Village Inn in St. Ignace and Mackinac Island, and Mark Sposito, owner of Mackinac Grille in St. Ignace, say they like the new statewide law. Mr. Dewey expects a decline in profits, but believes the business will benefit from the cleaner air. He has spoken to staff about the ban and will encourage them to give up smoking. He also plans to install benches outside the businesses to make it more comfortable for patrons who step outside to smoke.
Mr. Sposito does not expect the law to affect his business, as it has been smoke-free, except for the bar area. He is pleased with the restriction, but says it should have allowed smoking sections in outdoor serving areas. He also believes the state could have done a better job informing everyone about the ban instead of leaving it to the businesses to inform patrons.
Bob Alexander, owner of Bumpa's Lounge in Cedarville, does not believe the ban will hurt his profits, as other businesses are in the same position, he said. Some of his patrons have said they wish the state would not interfere, Mr. Alexander said.
Jeff Autore, manager of Ang- Gio's Restaurant in Cedarville, does not expect the ban to have much of an effect on profits, either. There are no plans to provide a separate area outdoors for smokers at this time, he said.
Information about the smoking ban can be found on the state Web site, www.michigan.gov/smoke freelaw.
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