PUBLIC HEALTH CODE (EXCERPT)
Act 368 of 1978
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 prohibit smoking; affirmative defense; affidavit; section referred to as "Dr. Ron Davis Law."
(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".
History: Add. 1986, Act 198, Eff. Jan. 1, 1987
Am. 1988, Act 296, Eff. Mar. 30, 1989
Am. 1993, Act 217, Eff. Apr. 1, 1994
Am. 2009, Act 188, Eff. May 1, 2010
Popular Name: Act 368
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