Indiana’s first statewide smoke-free air law went into effect July 1, 2012. Signed into law on March 19, 2012 by then Governor Mitch Daniels, this statewide smoke-free air policy prohibits smoking in most public places and many workplaces.
The statewide law allows cities and counties throughout Indiana to develop a more comprehensive policy by including bars, casinos, private clubs such as fraternal and veterans’ organizations, retail tobacco shops, and electronic cigarettes in their policies; each of which is currently exempt from the statewide smoke-free air law. Be sure to check your local laws and visit the Indiana State Department of Health Tobacco Prevention & Cessation website for more information.
The statewide policy went into effect on July 1, 2012.
Smoking a lit cigarette, cigar, pipe or other tobacco smoking equipment is not permitted indoors, except in businesses not included in the policy. The policy does not address the use of electronic cigarettes.
Businesses not covered by the policy include: bars and taverns, casinos and off-track betting facilities, cigar bars, hookah bars, tobacco retail shops, private clubs whose members vote to allow smoking and home-based businesses whose only employees are family members.
The smoke-free air policy sets a minimum standard for indoor workplaces and public places where smoking is regulated. The statewide law defines where people can and cannot smoke in communities where a current policy does not exist.
A city or county may pass a stronger law than the statewide law by including additional smoking regulations.
Indiana is currently included with, 27 states, along with the District of Columbia, Puerto Rico, and the U.S. Virgin Islands, have laws in effect that require all non-hospitality workplaces, restaurants, and bars to be 100% smoke-free.
In addition, 43 states and the District of Columbia have local laws in effect that require non-hospitality workplaces and/or restaurants and/or bars to be 100% smoke-free.
Businesses covered by the policy must post signs stating “smoking is prohibited within eight feet of this entrance” or use similar language. Signs must be visible at each public entrance.
Indiana Alcohol & Tobacco Commission, The State Department of Health, local health departments, Homeland Security’s fire and building safety division and law enforcement officers may enforce the policy.
A violation of the policy is considered either a Class A or Class B infraction, depending on the nature of the violation. An infraction is a violation of a law that does not subject the person to a criminal conviction or jail time. A speeding ticket would be an example of an infraction.
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