For now, this page is tailored to answer specific questions that have been directed to us.
If you have a specific question about this topic, or any other, contact us at michael@starihabrower.com

Restaurant and bar operators shall prohibit smoking at their establishments. Smoking will not be permitted in outside areas where service is intended to take place.  Compliance is determined by the following:

• Clearly and conspicuously post “no smoking” signs or the international “no smoking” symbol at each entrance and in other areas where smoking is prohibited under this act. These other areas may include outdoor areas such as patios or rooftops where patrons are intended to receive service and/or consume food and/or beverages.
  
• Remove ashtrays and other smoking paraphernalia from anywhere where smoking is prohibited.
  
• Inform individuals that smoking in the establishment is a violation of state law.
  
• Refuse service to an individual smoking in violation of this act.
  
• 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. 

                 *Information provided by the State of Michigan here

Not surprisingly, one of the most frequent questions we are asked  is "how do I get around the smoking ban"? 
 While we wish there was a good, one-size fits all answer, that is simply not the case.  

Recently, we heard a number of ideas regarding avoiding the smoking ban through the use of "to-go beers" by on-premise licensees who also have an SDM license.  These considerations should be kept in mind:  

• If you have an SDM license, you cannot sell beer to go and then allow customers to drink these beers while they smoke elsewhere on the property if the customers remain on property that is owned or leased by your licensed business.  To permit this will constitute a violation of Rule 436.1523.  This rule states that "[a]n off-premises licensee shall not knowingly allow a person to consume alcoholic liquor on property which is owned, leased, or possessed by the licensee and which is adjacent to the licensed premises." 
• If the customers leave the property that is owned/leased by the licensed business, they may not consume alcohol on any public property, public roadway, sidewalks, etc. 
• If the customers leave the property that is owned/leased by the licensed business, they may not consume alcohol on any property that is held open to the public at large.  This includes parking lots and other areas that are held open to the public.  

With these considerations in mind, there may still be alternatives which can be tailored to a licensee's specific situation.  It will be necessary to consider the property of the licensee, local ordinances, and other factors.  If you are interested in discussing possible options, you can email Michael, subject "Smoking Ban" at michael@starihabrower.com.

Michigan's Smoke Free Law
2009 PA 0188