Michigan official clarifies smoking ban rules

Patrons of Michigan bars and restaurants can smoke on outdoor patios and rooftops as long as no food or beverages are served, according to a new interpretation of the law.

Michigan Department of Agriculture Director Jamie Clover Adams on Monday announced her decision, which is effective immediately.

"It's just a minor change from where we are, but I think it does make things clearer for people about when smoking is prohibited," she said.

Michigan's smoke-free law went into effect in May 2010, prohibiting smoking at all restaurants, bars and businesses including hotels and motels but excluding casinos.

Clover Adams said she's received calls from people who were concerned and confused about how the law regulated outdoor areas of bars and restaurants.

She looked into the issue and determined that a business owner can decide to allow smoking on outdoor patios or rooftops during times when food and beverages are not prepared, served or provided and workers don't have to be out there. Patrons could bring their own food and drinks to the patio.

The area could be used as a non-smoking and smoking area at different times. For example, the patio could have food service during the day and switch to a smoking area at night.

The Department of Agriculture has jurisdiction because it oversees food inspectors.

The Michigan Licensed Beverage Association has been pushing for permission to allow smoking on certain outdoor patios.

"We look at this as a step in the right direction," said Executive Director Scott Ellis.

State Rep. Doug Geiss, D-Taylor, introduced a bill in April that would allow smoking in certain rooms or areas of bars, restaurants and other establishments. The bill also would allow smoking at private clubs like the American Legion and Veterans of Foreign Wars if members support the move and certain conditions are met.

"Geiss's bill goes much, much further than this does," Clover Adams said, adding that her rule clarification does not require legislative approval.

The American Cancer Society's Cancer Action Network has generally opposed efforts to relax the ban, pointing to a May 2011 poll commissioned by the society that showed 74 percent support for the smoking ban, up from 66 percent in March 2009.