ALCOHOLIC BEVERAGE OFFENSES
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(1) this section; or
(2) IC 16-41-37-4 (before its repeal).
7.1-5-12-9. Filing a civil action.
(a) A local health department may enforce
this chapter by filing a civil action under IC 16-
20-1-26.
(b) A health and hospital corporation may
enforce this chapter by filing a civil action under
IC 16-22-8-31.
(c) The division of fire and building safety
may enforce this chapter by filing a civil action
under IC 22-12-7-13.
7.1-5-12-10. Violation by owners and
operators.
(a) An owner, manager, operator, or official in
charge of a public place or place of employment
who fails to comply with a requirement imposed
by this chapter commits a Class B infraction,
except as provided in subsection (b).
(b) Afailure to comply described in subsection
(a) is a Class A infraction if the owner, manager,
operator, or official has been adjudged to have
committed at least three (3) prior unrelated infrac-
tions under this chapter.
7.1-5-12-11. Retaliation for reporting or
enforcing.
An owner, a manager, or an employer shall not
discharge, refuse to hire, or in any manner retal-
iate against an individual for:
(1) reporting a violation of this chapter; or
(2) exercising any right or satisfying any
obligation under this chapter.
7.1-5-12-12. Smoking on school bus
prohibited.
(a) As used in this section, “school bus” means
a motor vehicle that is:
(1) designed and constructed for the
accommodation of at least ten (10) pas-
sengers;
(2) owned or operated by a public or gov-
ernmental agency, or privately owned and
operated for compensation; and
(3) used for the transportation of school
children to and from the following:
(A) School.
(B) School athletic games or contests.
(C) Other school functions.
(b) As used in this section, “school week”
means a week that:
(1) begins on Monday and ends on Friday;
and
(2) includes at least three (3) days during
which, on each day, more than four (4)
hours of classroom instruction are pro-
vided.
(c) Aperson who smokes in a school bus dur-
ing a school week or while the school bus is being
used for the transportation of school children to
and from:
(1) a school;
(2) a school athletic game or contest; or
(3) another school function;
commits a Class B infraction, except as provided
in subsection (d).
(d) A person who smokes in a school bus as
described in subsection (c) commits a Class A
infraction if the person, within the twelve (12)
months immediately preceding the person’s act of
smoking in a school bus, committed at least three
(3) prior unrelated acts of smoking in a school bus
for which the person was adjudged to have com-
mitted infractions under this section.
7.1-5-12-13. Local government ordinances.
(a) This chapter does not prohibit a county,
city, town or other governmental unit from adopt-
ing an ordinance more restrictive than this chap-
ter.
(b) This chapter does not supersede a smok-
ing ordinance that is adopted by a county, city,
town, or other governmental unit before the effec-
tive date of this chapter that is more restrictive than
this chapter.
7.1-5-12-14. Commission reports [effective
March 24, 2014].
Beginning in 2013, the commission shall pres-
ent an annual report to the study committee on
public health, behavioral health, and human serv-
ices established by IC 2-5-1.3-4 concerning the
implementation and enforcement activities taken
under this chapter. The report must include the
number of smoking related inspections conducted
