Be it enacted by the General Assembly of the State of Indiana:
migration of smoke to nonsmoking areas of the premises;
(ii) allows smoking only in the room or area described in
item (i); and
(iii) does not allow an individual who is less than eighteen
(18) years of age to enter into the room or area described
in item (i).
(7) A retail tobacco store used primarily for the sale of
tobacco products and tobacco accessories that meets the
following requirements:
(A) The owner or operator of the store held a valid tobacco
sales certificate issued under IC 7.1-3-18.5 on June 30
2012.
(B) The store prohibits entry by an individual who is less
than eighteen (18) years of age.
(C) The sale of products other than tobacco products and
tobacco accessories is merely incidental.
(D) The sale of tobacco products accounts for at least
eighty-five percent (85%) of the store's annual gross sales.
(E) Food or beverages are not sold for consumption on the
premises, and there is not an area set aside for customers
to consume food or beverages on the premises.
(8) A bar or tavern:
(A) for which a permittee holds:
(i) a beer retailer's permit under IC 7.1-3-4;
(ii) a liquor retailer's permit under IC 7.1-3-9; or
(iii) a wine retailer's permit under IC 7.1-3-14;
(B) that does not employ an individual who is less than
eighteen (18) years of age;
(C) that does not allow an individual who:
(i) is less than twenty-one (21) years of age; and
(ii) is not an employee of the bar or tavern;
to enter any area of the bar or tavern; and
(D) that is not located in a business that would otherwise
be subject to this chapter.
(9) A cigar manufacturing facility that does not offer retail
sales.
(10) A premises of a cigar specialty store to which all of the
following apply:
(A) The owner or operator of the store held a valid tobacco
sales certificate issued under IC 7.1-3-18.5 on June 30,
2012.
(B) The sale of tobacco products and tobacco accessories
account for at least fifty percent (50%) of the store's
annual gross sales.
(C) The store has a separate, enclosed, designated smoking
room that is adequately ventilated to prevent migration of
smoke to nonsmoking areas.
(D) Smoking is allowed only in the room described in
clause (C).
(E) Individuals who are less than eighteen (18) years of age
are prohibited from entering into the room described in
clause (C).
(F) Cigarette smoking is not allowed on the premises of the
store.
(G) The owner or operator of the store posts a conspicuous
sign on the premises of the store that displays the message
that cigarette smoking is prohibited.
(H) Food or beverages are not sold for consumption on the
premises, and there is not an area set aside for customers
to consume food or beverages on the premises.
(11) The premises of a business that is located in the business
owner's private residence (as defined in IC 3-5-2-42.5) if the
only employees of the business who work in the residence are
the owner and other individuals who reside in the residence.
(b) The owner, operator, manager, or official in charge of an
establishment or premises in which smoking is allowed under this
section shall post conspicuous signs in the establishment that read
"WARNING: Smoking Is Allowed In This Establishment" or other
similar language.
(c) This section does not allow smoking in the following enclosed
areas of an establishment or premises described in subsection
(a)(1) through (a)(10):
(1) Any hallway, elevator, or other common area where an
individual who is less than eighteen (18) years of age is
permitted.
(2) Any room that is intended for use by an individual who is
less than eighteen (18) years of age.
(d) The owner, operator, or manager of an establishment or
premises that is listed under subsection (a) and that allows smoking
shall provide a verified statement to the commission that states that
the establishment or premises qualifies for the exemption. The
commission may require the owner, operator, or manager of an
establishment or premises to provide documentation or additional
information concerning the exemption of the establishment or
premises.
Sec. 6. (a) The commission shall enforce this chapter.
(b) This chapter may also be enforced by:
(1) the state department of health established by IC 16-19-1-1;
(2) a local health department, as defined in IC 16-18-2-211;
(3) a health and hospital corporation established by
IC 16-22-8-6;
(4) the division of fire and building safety established within
the department of homeland security by IC 10-19-7-1; and
(5) a law enforcement officer;
in cooperation with the commission.
(c) The commission, the state department of health, a local
health department, a health and hospital corporation, the division
of fire and building safety, or a law enforcement officer may
inspect premises that are subject to this chapter to ensure that the
person responsible for the premises is in compliance with this
chapter.
Sec. 7. (a) This section does not apply to an establishment or
premises in which smoking is allowed under section 5 of this
chapter.
(b) The owner, operator, manager, or official in charge of a
public place shall do the following:
(1) Post conspicuous signs that read "Smoking Is Prohibited
By State Law" or other similar language.
(2) Ask an individual who is smoking in violation of this
chapter to refrain from smoking.
(3) Cause to be removed from the public place an individual
who is smoking in violation of this chapter and fails to refrain
from smoking after being asked to refrain from smoking.
(c) In addition to the requirements under subsection (b), the
owner or operator of a restaurant shall post a conspicuous sign at
each entrance to the restaurant informing the public that smoking
is prohibited in the restaurant.
Sec. 8. (a) A person who smokes in an area where smoking is
prohibited by this chapter commits prohibited smoking, a Class B
infraction, except as provided in subsection (b).
(b) A person who smokes in an area where smoking is
prohibited by this chapter commits prohibited smoking, a Class A
infraction if the person has been adjudged to have committed at
least three (3) prior unrelated infractions under:
(1) this section; or
(2) IC 16-41-37-4 (before its repeal).
has the meaning set forth in IC 16-21-8-0.5.
(b) "Provider", for purposes of IC 16-38-5, IC 16-39 (except for
IC 16-39-7), and IC 16-41-1 through IC 16-41-9, and IC 16-41-37,
means any of the following:
(1) An individual (other than an individual who is an employee or
a contractor of a hospital, a facility, or an agency described in
subdivision (2) or (3)) who is licensed, registered, or certified as
a health care professional, including the following:
(A) A physician.
(B) A psychotherapist.
(C) A dentist.
(D) A registered nurse.
(E) A licensed practical nurse.
(F) An optometrist.
(G) A podiatrist.
(H) A chiropractor.
(I) A physical therapist.
(J) A psychologist.
(K) An audiologist.
(L) A speech-language pathologist.
(M) A dietitian.
(N) An occupational therapist.
(O) A respiratory therapist.
(P) A pharmacist.
(Q) A sexual assault nurse examiner.
(2) A hospital or facility licensed under IC 16-21-2 or IC 12-25 or
described in IC 12-24-1 or IC 12-29.
(3) A health facility licensed under IC 16-28-2.
(4) A home health agency licensed under IC 16-27-1.
(5) An employer of a certified emergency medical technician, a
certified advanced emergency medical technician, or a licensed
paramedic.
(6) The state department or a local health department or an
employee, agent, designee, or contractor of the state department
or local health department.
(c) "Provider", for purposes of IC 16-39-7-1, has the meaning set
forth in IC 16-39-7-1(a).
(d) "Provider", for purposes of IC 16-48-1, has the meaning set forth
in IC 16-48-1-3.
SECTION 7. IC 16-18-2-323.1 IS REPEALED [EFFECTIVE JULY
1, 2012]. Sec. 323.1. "School bus", for purposes of IC 16-41-37, has the
meaning set forth in IC 16-41-37-2.3.