ALCOHOLIC BEVERAGE OFFENSES
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ees of the smoking prohibition applying to the
place of employment.
(c) An owner, operator, manager, or official in
charge of a public place or place of employment
shall remove ashtrays or other smoking para-
phernalia from areas of the public place or place
of employment where smoking is prohibited under
this chapter. However, this subsection does not
prohibit the display of ashtrays or other smoking
paraphernalia that are intended only for retail
sale.
(d) This subsection does not apply to an owner,
an operator, a manager, or an official in charge of
a public place or place of employment in which
smoking is allowed under section 5 of this chap-
ter. An owner, operator, manager, or official in
charge of a public place or place of employment
shall post conspicuous signs at each public
entrance that read “State Law Prohibits Smoking
Within 8 Feet of this Entrance” or other similar
language.
7.1-5-12-5. Exceptions to places where
smoking prohibited.
(a) Except as provided in subsection (c) and
subject to section 13 of this chapter, smoking
may be allowed in the following:
(1) A horse racing facility operated under
a permit under IC 4-13-5 and any other per-
manent 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 river-
boat is moored; or
(ii) the land on which the river-
boat is situated in the case of a
riverboat described in IC 4-33-2-
17(2).
(3) A facility that operates under a gam-
bling game license under IC 4-35-5 and
any other permanent structure on land
owned or leased by the owner of the facil-
ity 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 require-
ments:
(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 busi-
ness 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 busi-
ness posts in the establishment con-
spicuous 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 busi-
ness that meets all of the following:
(A) The business is exempt from fed-
eral 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
