Consult the advance sheets and bound volumes of the official reports for final revisions and proper pagination. The amendment placed a total ban on smoking in restaurants. Plaintiffs argued that the amendment was in conflict with a state statute governing nonsmoking seating in food service establishments and sought to regulate an area already preempted by state law. Defendant appeals by right. Defendant argues that the Michigan statute mandating a minimum number of nonsmoking seats in food service establishments does not preempt the ordinance prohibiting smoking in restaurants and that the Marquette ordinance is not in conflict with state law because it is more stringent than the state statutory standards regarding nonsmoking sections in restaurants.
Statutory interpretation is a question of law which is considered de novo on appeal.
A food service establishment that designates seating for smokers shall clearly identify the seats for nonsmokers as nonsmoking, place the seats for nonsmokers in close proximity to each other, and locate the seats for nonsmokers so as not to discriminate against nonsmokers. The ordinance at issue in this case places a complete ban on smoking in restaurants in the City of Marquette. Marquette, as a Michigan home rule city, is subject to the constitution and general laws of this state. In order to determine whether the Marquette ordinance is in conflict with a state statute, this Court must examine whether the ordinance banning smoking in restaurants is inconsistent with or an extension of what the Legislature intended. In essence, to determine whether a direct conflict exists, this Court must consider whether the ordinance prohibits what state law permits.