Mich. Comp. Laws » Michigan Compiled Laws / Chapter 333 / Act 368 of 1978
Michigan Compiled Laws

Mich. Comp. Laws § 333.12603 (2026)

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."

✓ current as of July 2026
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PUBLIC HEALTH CODE


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."

Sec. 12603.

    (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

PopularName Notes:

Act 368
Notes of Decisions
Cited in 3 cases, 2007–2019 · leading case: McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009).
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McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). · cites it 8× “12601(m).4 Also exempt from the requirements of the act are food service establishments,5 MCL 333.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). · cites it 4× “” MCL 333.12603. Although seemingly broad in scope, “public place,” as defined by the MCIAA, renders the act inapplicable to most private-sector workplaces and public areas that are not themselves enclosed.”
Phyllis Davis v. Echo Valley Condo. Ass'n, 945 F.3d 483 (6th Cir. 2019). “Mich. Comp. Laws § 333.12603 (1), and the Association has long read the bylaws to permit residents to smoke in their units.”
— Mich. Comp. Laws § 333.12603(2) — 2 cases
McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). “12601(m).4 Also exempt from the requirements of the act are food service establishments,5 MCL 333.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). “” MCL 333.12603. Although seemingly broad in scope, “public place,” as defined by the MCIAA, renders the act inapplicable to most private-sector workplaces and public areas that are not themselves enclosed.”
— Mich. Comp. Laws § 333.12603(3) — 2 cases
McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). “12601(m).4 Also exempt from the requirements of the act are food service establishments,5 MCL 333.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). “” MCL 333.12603. Although seemingly broad in scope, “public place,” as defined by the MCIAA, renders the act inapplicable to most private-sector workplaces and public areas that are not themselves enclosed.”
— Mich. Comp. Laws § 333.12603(4) — 2 cases
McNeil v. Charlevoix Cnty., 772 N.W.2d 18 (Mich. 2009). “12601(m).4 Also exempt from the requirements of the act are food service establishments,5 MCL 333.”
McNeil v. Charlevoix Cnty., 741 N.W.2d 27 (Mich. Ct. App. 2007). “” MCL 333.12603. Although seemingly broad in scope, “public place,” as defined by the MCIAA, renders the act inapplicable to most private-sector workplaces and public areas that are not themselves enclosed.”
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