ALCOHOLIC BEVERAGE OFFENSES
14
on the premises, and there is not an
area set aside for customers to con-
sume food or beverages on the prem-
ises.
(11)The premises of a business that is
located in the business owner’s private
residence (as defined in IC 3-5-2-42.5) if
the only employees of the business who
work in the residence are the owner and
other individuals who reside in the resi-
dence.
(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
(a)(10):
(1) Any hallway, elevator, or other com-
mon area where an individual who is less
than eighteen (18) years of age is permit-
ted.
(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 sub-
section (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.
7.1-5-12-6. Enforcement of smoking
prohibition.
(a) The commission shall enforce this chapter.
(b) This chapter may also be enforced by:
(1) the state department of health estab-
lished by IC 16-19-1-1;
(2) a local health department, as defined in
IC 16-18-2-211;
(3) a health and hospital corporation estab-
lished by IC 16-22-8-6;
(4) the division of fire and building safety
established within the department of
homeland security by IC 10-19-7-1; and
(5) a law enforcement officer;
in cooperation with the commission.
(c) The commission, the state department of
health, a local health department, a health and
hospital corporation, the division of fire and build-
ing safety, or a law enforcement officer may
inspect premises that are subject to this chapter to
ensure that the person responsible for the prem-
ises is in compliance with this chapter.
7.1-5-12-7. Duties of owners and operators.
(a) This section does not apply to an estab-
lishment or premises in which smoking is allowed
under section 5 of this chapter.
(b) The owner, operator, manager, or official
in charge of a public place shall do the following:
(1) Post conspicuous signs that read
“Smoking is Prohibited by State Law” or
other similar language.
(2) Ask an individual who is smoking in
violation of this chapter to refrain from
smoking.
(3) Cause to be removed from the public
place an individual who is smoking in vio-
lation of this chapter and fails to refrain
from smoking after being asked to refrain
from smoking.
(c) In addition to the requirements under sub-
section (b), the owner or operator of a restaurant
shall post a conspicuous sign at each entrance to
the restaurant informing the public that smoking
is prohibited in the restaurant.
7.1-5-12-8. Violation of smoking prohibition.
(a) A person who smokes in an area where
smoking is prohibited by this chapter commits pro-
hibited smoking, a Class B infraction, except as
provided in subsection (b).
(b) A person who smokes in an area where
smoking is prohibited by this chapter commits pro-
hibited smoking, a Class A infraction if the per-
son has been adjudged to have committed at least
three (3) prior unrelated infractions under:
