Smoking shall be prohibited in all public places within consolidated city including, but not limited to, the following places:

(a)

Elevators.

(b)

Health care facilities.

(c)

Laundromats.

(d)

Licensed child care and adult day care facilities.

(e)

Lobbies, hallways, and enclosed areas in the common areas in apartment buildings, condominiums, trailer parks, retirement facilities, nursing homes, and other multiple-unit residential facilities.

(f)

Polling places.

(g)

Public transportation facilities, including, but not limited to, buses and taxicabs under the authority of the city, the county, or the Indianapolis Public Transportation Corporation, and ticket, boarding, and waiting areas of public transit depots.

(h)

Restrooms, lobbies, reception areas, hallways, and other common-use areas.

(i)

Shopping malls.

(j)

Sports arenas.

(G.O. 44, 2005, § 1)

(a)

Smoking shall be prohibited in all enclosed areas within places of employment within the consolidated city.

(b)

This prohibition on smoking shall be communicated to all existing employees by the effective date of this chapter and to all prospective employees upon their application for employment.

(G.O. 44, 2005, § 1)

(a)

Smoking shall be prohibited in all vehicles and enclosed areas in buildings owned, leased, or operated by the city or the county, or any of their offices, agencies, or departments if those vehicles or enclosed areas are used for any governmental function.

(b)

Smoking shall be prohibited in all public parks.

(G.O. 44, 2005, § 1; G.O. 16, 2021, § 2)

(a)

The following areas shall be exempt from the provisions of sections 616-201 through 616-202:

(1)

Private residences, except when used as a licensed child care, adult day care, or health care facility.

(2)

Retail tobacco stores.

(3)

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 IC 7.1-3-20-1, or a "fraternal club" as that term is defined by IC 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 guests; and, in addition,

Sends notice to the Health and Hospital Corporation of Marion County by September 1, 2012, that through a majority-vote of its general membership at a formal meeting or ballot of same, has elected to allow smoking, and that it is otherwise entitled to an exemption under this section.

(4)

Tobacco businesses licensed under chapter 988 of this Code.

(5)

Any business that on or before April 1, 2012 held a license pursuant to IC 4-31-5.5 to operate a satellite facility in the consolidated city and county.

(b)

None of the areas in the preceding subsection shall be exempt from the provisions of sections 616-201 through 616-202 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 section 616-401(a) within three (3) 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.

(G.O. 44, 2005, § 1; G.O. 12, 2012, § 2)