Effective July 1, 2012, the state law prohibits smoking in enclosed public places, including workplaces, with some exceptions. Included in the prohibition are restaurants, nursing facilities, and mental health facilities (IN Code Sec. 7.1-5-12-1et seq.).
The ban also prohibits smoking within 8 feet of entrances to a public place or place of employment. Employers or building owners or managers must post conspicuous signs at each public entrance announcing the ban.
Exemptions. Exempted from the ban are bars, taverns, cigar bars, and hookah bars that do not admit patrons under 21 years of age. Also exempted are nonprofit private clubs and fraternal organizations whose members have voted to allow smoking on the premises. Retail tobacco stores and tobacco manufacturing facilities are also included in the exemption, as are riverboats, horse racing tracks, casinos, and licensed gaming facilities. Home businesses with nonresident employees are also exempt.
Employers' obligations. Under the law, employers must inform current employees and applicants of the smoking prohibition and remove all ashtrays and smoking paraphernalia from their premises.
The Indiana Clean Indoor Air Law (IN Code Sec. 16-41-37-1 et seq.; Sec. 16-18-2-295 ) is repealed as of June 20, 2012. The Act restricts smoking in public places, including public sector workplaces, to designated smoking areas. A "public place" is defined as any public building that is occupied by a government agency, commission, board, department, or other entity exercising any powers of the state or local government, any building used as a classroom at a state educational institution, public schools, and licensed healthcare facilities (IN Code Sec. 16-41-37-1 et seq.; Sec. 16-18-2-295