Indianapolis Smoke Free Air Ordinance
Starting June 1st, 2012, more businesses in Indianapolis will be covered by an enhanced smoke free air ordinance passed by the Indianapolis City County Council in April, 2012. The Marion County Public 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 complaint form, please make certain the establishment is covered by the law.
Smoke free places established under the ordinance include:
- Bars and taverns
- Bowling alleys
- Enclosed areas within places of employment, including restaurants
- 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 and waiting areas, including, but not limited to, ticket and boarding areas
- Vehicles and enclosed areas of buildings owned, leased or operated by the city or county
- Use of electronic cigarettes is not permitted in smoke free places
In addition, any establishment where smoking is prohibited must remove all ashtrays and other smoking paraphernalia.
There are places where smoking will be allowed, including:
- Retail tobacco stores
- Any vehicle used by an employee while in the service of an employer when the vehicle is occupied only by the employee
- Licensed tobacco specialty bars
- Satellite gaming facilities, licensed prior to April 1, 2012
- Any "club" or "fraternal club" that:
- Is exempt from federal income taxation; and
- 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 guests; and
- Provides notice that through a majority vote, its membership has elected to allow smoking
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."