ALCOHOLIC BEVERAGE OFFENSES
13
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 pre-
vent migration of smoke to non-
smoking areas of the premises;
(ii) allows smoking only in the
room or area designated 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) Aretail 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 acces-
sories 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 in
a manner that requires consumption
on the premises, and there is not an
area set aside for customers to con-
sume food or beverages on the prem-
ises.
(8) A bar or tavern:
(A) for which the 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) Acigar manufacturing facility that does
not offer retail sales.
(10)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 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 ade-
quately ventilated to prevent migra-
tion of smoke to nonsmoking areas.
(D) Smoking is allowed only in the
room described in clause (C).
(E) Individuals who are less than eight-
een (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 prem-
ises of the store that displays the mes-
sage that cigarette smoking is
prohibited.
(H) Food or beverages are not sold in
a manner that requires consumption
