(A) Smoking, as defined in I.C. 7.1-5-12-3, and the use of electronic cigarettes (e-cigarettes, e-cigs, and electronic water pipes), vaporizers, and vapor products may be allowed in the following locations:
(1) Clubs, fraternal clubs, and labor organizations;
(2) A premises owned or leased as a private residence, unless such is used as a licensed child care, adult day care, or health facility;
(3) Tobacco specialty bars, tobacco retail stores, and vape shops;
(4) A bar or tavern owned or leased by a business that prohibits entry by patrons who are less than 21 years of age; and
(5) A bar or tavern in which the business owner or operator holds a beer, liquor, or wine retailer’s permit.
(B) None of the areas set forth as an exception shall be exempt from the provisions of this subchapter if smoke from an area enters, either directly or indirectly, through entrances, windows, ventilation systems, or other means, an area where smoking is otherwise prohibited by this subchapter.
(C) The owner, operator, manager, or official in charge of an establishment or premises in which smoking or vaping is allowed shall post conspicuous signs in the establishment that read “warning: smoking or vaping is allowed in this establishment,” or other similar language.
(Ord. 01-2023, passed 2-7-2023) Penalty, see § 111.99