Indianapolis Smoke Free Air Ordinance
Beginning March 1, 2006, Indianapolis will be under the protection of the smoke free air ordinance passed by the Indianapolis City County Council in May, 2005. The Marion County Health Department provides this opportunity to refer any business you may feel is not complying with the smoke free air regulation. Prior to filling out a referral, please make certain the establishment is covered by the law.
Smoke free places established under the ordinance include:
- All enclosed areas within places of employment
- Elevators, health care facilities, Laundromats and licensed child car and adult day care facilities.
- Restrooms, lobbies, reception areas, hallways and other common-use areas.
- Polling places, shopping malls and sports arenas.
- Lobbies, hallways and enclosed areas in common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes and other multiple-unit residential facilities.
- Public transportation facilities, including, but not limited to, buses and taxicabs and ticket, boarding and waiting areas of public transit depots.
- All vehicles and enclosed areas of buildings owned, leased or operated by the city or county.
In addition, any establishment where smoking is prohibited must remove all ashtrays and other smoking paraphernalia. These businesses must be within the Indianapolis city limits. Establishments in Speedway, Lawrence, Southport and Beech Grove are not included in provisions of the ordinance.
There are places where smoking will be allowed, including:
- Any bar or tavern that:
- Does not allow customers under 18 years of age to enter;
- Does not employ any person under 18 years of age; and
- Is not physically located within a business otherwise required to be smoke free.
- Private residences, except when used as a licensed child care, adult day care or health care facility.
- Family-owned and operated businesses and offices in which all employees are related to the owner, but only if the businesses or offices are not open to the public.
- Retail tobacco stores, tobacco bars and bowling alleys.
- Any vehicle used by an employee while in the service of an employer when the vehicle is occupied only by the employee.
- Any "club" or "fraternal club" that:
- Is exempt from federal income taxation;
- Holds a beer, liquor or wine retailers permit under the state's law; and
- Provides food or alcoholic beverages only to its bona fide members and their guests.
In addition, those businesses that are considered "exempt" must clearly and conspicuously post a sign at every entrance stating "Warning: This is a Smoking Establishment."