(A) Purpose. The purpose of this subchapter is to protect the public health and welfare by regulating tobacco in work sites, public places and certain other areas.
(B) Findings. The United States Surgeon General has determined that: (1) secondhand smoke exposure causes disease and premature death in people who do not smoke; (2) children exposed to secondhand smoke are at an increased risk for sudden infant death syndrome, acute respiratory problems, ear infections and asthma attacks; (3) exposure of adults to secondhand smoke has adverse effects on the cardiovascular system and causes heart disease and lung cancer; and (4) there is no risk-free level of exposure to secondhand smoke. These findings are adopted. It is also found that tobacco smoke is a major contributor to indoor air pollution. People who are at special risk from secondhand smoke include infants, children, teens, pregnant women, elderly people, nonsmokers with long-term exposure to secondhand smoke, individuals with cardiovascular disease, and individuals with impaired respiratory function. Establishing smoke-free workplaces is the most effective way to ensure that exposure to secondhand smoke does not occur in the workplace. The U.S. Food and Drug Administration (FDA) considers e-cigarettes to be a tobacco product and has not approved e-cigarettes as a quit tobacco device. The FDA has reported finding ingredients of e-cigarette cartridges to contain levels of cancer-causing and toxic chemicals. The World Health Organization warns that nicotine exposure, whether through inhalation, ingestion, or skin contact, can be hazardous to the health and safety of children, young people, pregnant women, nursing mothers, people with heart conditions, and the elderly. The Michigan Department of Health and Human Services indicates that e-cigarettes are not a safe alternative to other forms of tobacco. These findings are adopted. The U.S. Department of Health and Human Services, Centers for Disease Control and Prevention has found that smokeless tobacco causes leukoplakia, a disease causing white patches to form in the user's mouth that can become cancerous; and smokeless tobacco products are known to cause lung, larynx, esophageal, and oral cancer. The National Institutes of Health has recognized the carcinogens NNN and NNK are found in the saliva of those who use chewing tobacco. The Mayo Clinic has recognized that the candy-like appearance or flavors of smokeless tobacco products make them attractive to children and ingestion of these products can cause nicotine poisoning. Effects of nicotine poisoning in children may include nausea, vomiting, weakness, convulsions, unresponsiveness, impaired breathing and death. Saliva spit from smokeless tobacco contains nicotine, as well as infectious bacteria and diseases. Smoking and use of other tobacco products in parks and beaches sends a deleterious health message to youth and a public health approach to tobacco addiction should include preventing initiation of use, facilitating cessation, and promoting abstinence from all tobacco products by current users. These findings are adopted.
(C) Definitions.
BUSINESS. Any partnership, joint venture, corporation or other for-profit or not-for-profit entity, including but not limited to any retail establishment, where goods are sold or services are delivered.
BUSINESS VEHICLE. A car, bus, van or other motorized unit which is owned or leased by an employer for the use of employees.
CHEWING TOBACCO. Loose tobacco or a flat, compressed cake of tobacco which is inserted into the mouth to be chewed or sucked.
E-CIGARETTE. An electronic, noncombustible device that employs a heating element, power source, electronic circuit, battery, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine in a solution or other form and the use or inhalation of which simulates smoking. This term shall include any device, whether manufactured, distributed, marketed, or sold as an e-cigarette, e-cigar, e-pipe, or under any other such product name or descriptor
EMPLOYEE. Any person who is employed by any employer, whether for wages, profit, or on a volunteer basis.
EMPLOYER. Any person or business, including any governmental entity that has one or more employees besides the owner of the business.
ENCLOSED AREA. All space between a floor and ceiling which is enclosed on all sides by solid walls or windows (exclusive of door or passage ways) which extend from the floor to the ceiling, including all of the space inside.
FOOD SERVICE ESTABLISHMENT. The term FOOD SERVICE ESTABLISHMENT has the same meaning as it does in the Michigan Public Health Code, 1978 PA 368, as amended, and includes bars. When a portion of a facility is licensed as a FOOD SERVICE ESTABLISHMENT, then only that portion of the facility shall be considered a FOOD SERVICE ESTABLISHMENT under this subchapter.
LIQUID NICOTINE. A liquid or other substance containing nicotine in any concentration that is sold, marketed, or intended for use in a noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking.
NICOTINE. A colorless, oily, water-soluble, highly toxic alkaloid found in tobacco.
NON-RETALIATION. It shall be unlawful for any person or employer to discharge, refuse to hire, or in any manner retaliate against any employee or applicant for employment because that person seeks enforcement of this subchapter.
OUTSIDE SMOKING. Smoking is prohibited within 15 feet of entrances, open windows and ventilation systems of all places where smoking is otherwise prohibited by this subchapter. This prohibition shall not apply to persons who pass by such an entrance, open window, or ventilation system while traveling on a public street or sidewalk.
PUBLIC PLACE. Any enclosed area to which the public is invited or in which the public is permitted, including but not limited to any business, retail store, health facility, manufacturing facility, convention hall, meeting hall, sports arena, theater, gymnasium, health spa, swimming pool, roller rink, ice rink, bowling alley, laundromat, professional office, school, or public building.
SCHOOL DISTRICT. A school district, local act school district or intermediate school district, as those terms are defined in the School Code of 1976, Act No. 451 of the Public Acts of Michigan of 1976 (M.C.L.A. § 380.1 et seq.), as amended, or a consortium or cooperative arrangement consisting of any combination of these.
SCHOOL PROPERTY. A building, facility or structure or other real estate owned, leased or otherwise controlled by a school district.
SMOKING or SMOKE.
(a) Inhaling, exhaling, burning or carrying any lighted cigar, cigarette, e-cigarette, pipe, mechanical or glass device designed to enable smoking, weed, plant or related substance or product.
(b) The carrying by a person of a lighted cigar, cigarette, pipe, mechanical or glass device designed to enable smoking, or other lighted smoking device, including, but not limited to electronic cigarettes or inhalants.
TOBACCO PRODUCT. A preparation of tobacco to be inhaled, chewed or placed in a person's mouth, including e-cigarettes.
TOBACCO SNUFF. Shredded, powdered or pulverized tobacco which may be inhaled through the nostrils, chewed or placed against the gums.
USE OF A TOBACCO PRODUCT AND/OR NICOTINE PRODUCT. Any of the following:
(a) The carrying by a person of a lighted cigar, cigarette, pipe, other lighted smoking device and/or electronic cigarette;
(b) The inhaling or chewing of a tobacco product;
(c) The placing of a tobacco product in one's month.
VAPOR PRODUCT. A noncombustible product that employs a heating element, power source, electronic circuit, or other electronic, chemical, or mechanical means, regardless of shape or size, that can be used to produce vapor from nicotine or any other substance, and the use or inhalation of which simulates smoking, including an electronic cigarette, electronic cigar, electronic cigarillo, electronic pipe, or similar product or device and a vapor cartridge or other container of nicotine or other substance in a solution or other form that is intended to be used with or in an aforementioned device.
WORKSITE. Any enclosed area under the control of an employer which employees frequent during the course of their employment, including but not limited to: work areas, common areas, lounges, restrooms, lobbies, conference rooms, class rooms, cafeterias and hallways. A private residence is not a WORKSITE unless it is used as a child care, adult day care or health care facility.
(D) Prohibitions. Smoking is prohibited in all enclosed areas of all of the following places and sites:
(1) Worksites;
(2) Public places;
(3) Buses, taxicabs, and other means of public transit and including bus shelters;
(4) Business vehicles that are occupied by more than one person;
(5) Semi-private rooms of health facilities;
(6) Lobbies, hallways, and other common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities;
(7) Public places where bingo games are held;
(8) Public places in hotels and motels, plus at least 80% of the rooms rented to guests at each hotel and motel; and
(9) Any facility, site or vehicle where the owner, operator, or manager of such facility, site or vehicle has prohibited smoking and has posted that prohibition prominently in writing or has given actual notice of the prohibition to the person who is smoking or who is intending to smoke.
(E) Persons under 18. A person under 18 years of age shall not possess or smoke cigarettes or cigars, or chew, suck or inhale chewing tobacco or tobacco snuff, or possess or use tobacco or nicotine in any other form, on a public highway, street, alley, park, beach or other lands used for public purposes, in a public place of business or amusement or on school property.
(F) Smoking on school property. Except as otherwise provided in this subchapter, a person shall not smoke on school property.
(G) Responsibility. Both the person who is smoking and the employer, owner, operator, or manager of the area in which smoking is prohibited is responsible for violations of this subchapter.
(H) Exemptions. The following areas are exempt from the requirements of this subchapter:
(1) Private residences and private vehicles, except when used or in connection with the child care, health care facility or adult day care facility;
(2) Tobacco specialty stores.
(I) Other laws. This subchapter shall not be interpreted or construed to permit smoking where it is otherwise restricted or prohibited by other applicable laws or public health regulations.
(J) Sale of tobacco products to minors; prohibition, penalty; public health department sign.
(1) A person shall not sell, give, or furnish a tobacco product, vapor product, or alternative nicotine product to a minor, including, but not limited to, through a vending machine. A person who violates this division is guilty of a misdemeanor punishable by a fine as follows:
(a) For a first offense, not more than $100;
(b) For a second offense, not more than $500;
(c) For a third or subsequent offense, not more than $2,500.
(2) A person who sells tobacco products, vapor products, or alternative nicotine products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign produced by the Department of Health and Human Services that includes the following statement:
"The purchase of a tobacco product, vapor product, or alternative nicotine product by a minor under 18 years of age and the provision of a tobacco product, vapor product, or alternative nicotine product to a minor are prohibited by law. A minor who unlawfully purchases or uses a tobacco product, vapor product, or alternative nicotine product is subject to criminal penalties."
(3) Beginning 90 days after the effective date of this section, a person who sells tobacco products at retail shall post, in a place close to the point of sale and conspicuous to both employees and customers, a sign that includes the following statement:
"The purchase of tobacco products by a minor under 18 years of age and the provision of tobacco products to a minor are prohibited by law. A minor unlawfully purchasing or using tobacco products is subject to criminal penalties."
(4) If the sign required under division (J) is more than six feet from the point of sale, it shall be five and one-half inches by eight and one-half inches, and the statement required under division (J) shall be printed in 36-point boldface type. If the sign required under division (J) is six feet or less from the point of sale, it shall be two inches by four inches, and the statement required under division (J) shall be printed in 20-point boldface type. For purpose of this section, a PERSON WHO SELLS TOBACCO PRODUCTS AT RETAIL means a person whose ordinary course of business consists, in whole or in part, of the retail sale of tobacco products subject to state sales tax.
(Ord. 6.23, passed 7-13-20)