Bill Text: IN HB1128 | 2013 | Regular Session | Introduced
Bill Title: Removal of bars and taverns from smoking ban exemption.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Public Policy [HB1128 Detail]
Download: Indiana-2013-HB1128-Introduced.html
Citations Affected: IC 7.1-5-12-5.
Synopsis: Removal of bars and taverns from smoking ban exemption.
Removes the exemption for bars and taverns from the smoking
prohibition law.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.
(2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:
(A) owned or leased by the owner of the riverboat; and
(B) located on land that is adjacent to:
(i) the dock to which the riverboat is moored; or
(ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).
(3) A facility that operates under a gambling game license under IC 4-35-5 and any other permanent structure on land owned or
leased by the owner of the facility that is adjacent to the facility.
(4) A satellite facility licensed under IC 4-31-5.5.
(5) An establishment owned or leased by a business that meets the
following requirements:
(A) The business was in business and permitted smoking on
December 31, 2012.
(B) The business prohibits entry by an individual who is less
than twenty-one (21) years of age.
(C) The owner or operator of the business holds a beer, liquor,
or wine retailer's permit.
(D) The business limits smoking in the establishment to either:
(i) cigar smoking; or
(ii) smoking with a waterpipe or hookah device.
(E) During the preceding calendar year, at least ten percent
(10%) of the business's annual gross income was from:
(i) the sale of cigars and the rental of onsite humidors; or
(ii) the sale of loose tobacco for use in a waterpipe or
hookah device.
(F) The person in charge of the business posts in the
establishment conspicuous signs that display the message that
cigarette smoking is prohibited.
(6) A premises owned or leased by and regularly used for the
activities of a business that meets all of the following:
(A) The business is exempt from federal income taxation
under 26 U.S.C. 501(c).
(B) The business:
(i) meets the requirements to be considered a club under
IC 7.1-3-20-1; or
(ii) is a fraternal club (as defined in IC 7.1-3-20-7).
(C) The business provides food or alcoholic beverages only to
its bona fide members and their guests.
(D) The business, during a meeting of the business's members,
voted within the previous two (2) years to allow smoking on
the premises.
(E) The business:
(i) provides a separate, enclosed, designated smoking room
or area that is adequately ventilated to prevent 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) (8) A cigar manufacturing facility that does not offer retail
sales.
(10) (9) 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 accounts 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.
(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
(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.
