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(A) The following areas shall be exempt from the provisions of this chapter:
(1) Private residences, except when used as a licensed child care, adult day care or health care facility;
(2) Family-owned and operated businesses in which all employees are related to the owner, and offices of self-employed persons in which all employees are related to the self-employed person, but only if the enclosed areas these businesses and offices occupy are not open to the public;
(3) Retail tobacco stores;
(4) Any business that as of April 1, 2012:
(a) Is exempt from federal income taxation under 26 U.S.C. § 501(c);
(b) Is a “club” as that term is defined by I.C. 7.1-3-20-1, or a “fraternal club” as that term is defined by I.C. 7.1-3-20-7;
(c) Holds a beer, liquor or wine retailer’s permit under the laws of this state; and
(d) Provides food or alcoholic beverages only to its bona fide members and their guests; and, in addition, sends notice to the Health and Hospital Corporation of Marion Count by September 1, 2012, that, through a majority-vote of its General Membership at a formal meeting or ballot of same, it has elected to allow smoking, and that it is otherwise entitled to an exemption under this section.
(B) None of the areas in the preceding section shall be exempt from the provisions of this chapter if the smoke from smoking enters any area, through entrances, windows, ventilation systems, or other means, where smoking is otherwise prohibited by this chapter.
(C) Any business claiming an exemption pursuant to this section shall provide to any enforcement agency listed in § 3-3-11-9, within three business days of demand, adequate written proof that it qualifies for the exemption claimed. Such written proof shall be certified under the penalties for perjury by an authorized representative of the business.
(Ord. 12, 2006, passed 6-5-2006; Am. Ord. 16, 2006, passed 7-19-2006; Am. Ord. 6, 2012, passed 7-2-2012)