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On March 19, 2012, Governor Mitch Daniels signed into law a bill
imposing statewide restrictions on smoking in public places.
Indiana is the 38th state to enact such a statewide ban. Below are
answers to some frequently asked questions about the new law.
1. When does this law go into effect?
The law takes effect on July 1, 2012.
2. What locations are covered by the smoking ban?
The law prohibits smoking in all enclosed areas of public places
and places of employment as well as within eight feet of a public
entrance to a public place or place of employment. The law also
prohibits smoking in vehicles owned, leased, or operated by the
state if being used for a governmental function and smoking on
school buses that are being used to transport children to school or
school functions.
3. Are there any exceptions to the ban?
Yes, the following locations are exempt from the smoking
ban:
Horse racing facilities and permanent adjacent structures owned or
leased by the owner;
Riverboats (on which gambling is authorized) and permanent
adjacent structures owned or leased by the owner;
Gaming facilities (and satellite facilities) at racetracks and
permanent adjacent structures owned or leased by the owner;
Certain businesses that allow cigar smoking and smoking with
waterpipes or hookah devices;
Private, not-for-profit clubs that provide food or alcoholic
beverages only to their members and guests, subject to vote of the
members. Smoking is allowed only in separate, enclosed smoking
areas where individuals under the age of 18 are not allowed;
Retail tobacco stores if tobacco sales account for at least 85%
of the store's annual gross revenues, entry by individuals
under the age of 18 is prohibited, and food and beverages are not
sold for consumption on the premises;
Bars or taverns that do not employ individuals under the age of
18 or allow individuals under the age of 21 (other than employees)
to enter;
Cigar manufacturing facilities that do not offer retail
sales;
Certain cigar specialty stores with separate smoking rooms.
Cigarette smoking must be prohibited and individuals under the age
of 18 must not be allowed in the smoking room; and
Businesses that are in a private residence if the only
employees are also residents.
4. Are there any posting or notice requirements?
Yes. Any public place where smoking is permitted must post
conspicuous signs that read: "WARNING: Smoking Is Allowed In
This Establishment" or other similar language. In addition,
the owner or operator of a restaurant must post a prominent sign at
each entrance informing the public that smoking is prohibited.
Employers must inform current and prospective employees of the
smoking prohibitions that apply.
5. Are there penalties for smoking in places where smoking is
not allowed?
Yes. A person who smokes where prohibited commits a Class B
infraction. If the person has committed at least three prior
infractions, he or she commits a Class A infraction.
6. What are owners, managers, or officials required to do if
someone is smoking in a location where smoking is prohibited?
An owner, manager, or official in charge of a public place is
required to ask the individual to refrain from smoking and to have
the individual removed from the premises if he or she does not stop
smoking after being asked to refrain from smoking. An owner,
manager, or official of a public place or place of employment who
fails to comply with the requirements of the law commits a Class B
infraction. A failure to comply is a Class A infraction if the
person has committed at least three prior infractions.
7. Are there protections for employees and others who complain
under this law?
Yes. An owner, manager, or official is not allowed to discharge,
refuse to hire, or in any manner retaliate against an individual
for reporting a violation of the law or for exercising any right or
satisfying any obligation under the law.
8. What if I live or work in a county or city that has a
smoking ban that is more stringent than the state law?
The state law specifically authorizes local governments to enact
more restrictive ordinances, so you must follow the requirements of
the more restrictive ordinance.
9. If I am a private employer, may I prohibit smoking
anywhere on my property?
Yes.
The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.
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