Smoking is banned in all Michigan restaurants. The prohibition took effect at 6 a.m. on May 1, 2010, when the Dr. Ron Davis Smoke-Free Air Law replaced an older statute that had specifically exempted food service establishments and bars.1State of Michigan. Smoke-free Law Goes into Effect Saturday Since then, every sit-down restaurant, fast-food counter, and bar that serves food has had to keep its indoor space smoke-free.
Where the Ban Reaches Inside a Restaurant
The law prohibits smoking in any “public place,” and restaurants sit squarely inside that definition along with bars, shopping malls, arenas, and other indoor spaces open to the public.2Michigan Legislature. Michigan Compiled Laws 333.12603 (2017) It doesn’t matter what kind of food service you’re running. A drive-through, a diner, and a cocktail lounge are all treated the same.1State of Michigan. Smoke-free Law Goes into Effect Saturday
The ban also reaches outside. Outdoor patios and rooftop areas fall under the prohibition whenever food or beverages are being prepared or served to patrons.3State of Michigan. Michigan’s Smoke-Free Indoor Air Law: Frequently Asked Questions This part of the rule surprises a lot of people who assume open air means fair game.
What Counts as Smoking
The statute defines smoking as burning a lighted cigar, cigarette, pipe, or any other substance containing a tobacco product. If tobacco is being burned, the ban applies.
Electronic cigarettes and vaping devices are a different story. Because vaping doesn’t involve burning tobacco, it falls outside the statutory definition of “smoking,” and there is no statewide ban on vaping in restaurants comparable to the tobacco prohibition. Michigan has narrower vaping rules in specific settings such as childcare, and no one under 21 may vape in a public place, but whether you can vape inside a particular restaurant depends on that business’s own policy and any local ordinance.
What Restaurants Have to Do
The law puts real duties on owners, operators, and managers. Simply posting a sign isn’t enough. A compliant restaurant must:2Michigan Legislature. Michigan Compiled Laws 333.12603 (2017)
- Clearly and conspicuously display “No Smoking” signs or the international no-smoking symbol at every entrance and throughout the building.
- Remove all ashtrays and smoking paraphernalia from areas where the ban applies.
- Inform any person who is smoking that they are violating state law and face penalties.
- Refuse to serve a person who keeps smoking after being told to stop.
- Ask a person who refuses to stop smoking to leave the premises.
A business that ignores a smoker rather than confronting them is the one facing consequences, not just the customer with the cigarette.
The Exceptions, and Why Restaurants Aren’t Among Them
The smoke-free law includes a handful of narrow exemptions, and none of them cover ordinary restaurants.
The gaming floors of Detroit’s three commercial casinos are exempt, but the restaurants, bars, and hotel areas inside those casinos are not and must remain smoke-free. Tribal casinos sit on sovereign land and are generally governed by tribal policy rather than state law.
Certain cigar bars and tobacco specialty retail stores can qualify for an exemption, but only if they were already operating on May 1, 2010, and only if they meet strict revenue tests. A cigar bar has to show that at least 10% of its gross annual income comes from on-site cigar sales and humidor rentals, and file an annual affidavit. A tobacco specialty retail store has to earn 75% or more of its gross annual income from tobacco products and related items. A new cigar bar or tobacco shop that opened after the law took effect cannot qualify. A regular restaurant that also happens to sell cigars does not qualify either.
Marijuana in Restaurants
Recreational marijuana is legal in Michigan, but consuming it in a public place is not. You cannot smoke marijuana in a restaurant any more than you can smoke a cigarette in one. Municipalities may authorize designated consumption areas, but those areas must be inaccessible to anyone under 21, which effectively excludes ordinary restaurants that serve the general public.4Michigan Legislature. MCL 333.27954
Reporting a Restaurant That Allows Smoking
The Michigan Department of Health and Human Services oversees the smoke-free law. If you see a restaurant letting patrons smoke indoors or on a patio during service, you can file a complaint with the state health department or your local health department. Violations can bring civil fines against both the smoker and the business, and penalties escalate for businesses that violate the law repeatedly.