Protect Local Control

Ensuring Community Rights
To Pass Smokefree Ordinances
 

Legislative Summary

HB1149 - (workplaces and restaurants) - An Act to amend the Indiana Code concerning alcohol and tobacco - Signed by Governor

This bill prohibits smoking in enclosed public places and places of employment, including restaurants, and within 8 feet of doorways. Exemptions permit smoking in bars and taverns; horse racing, riverboat, and other gambling facilities; cigar bars and hookah bars that generate at least 10% of sales from cigars or hookah tobacco and prohibit people under age 21; membership clubs; retail tobacco stores; cigar manufacturing facilities. The bill was amended on 1/27/2011 to permit smoking in bars and taverns until September 15, 2013. The bill was amended on 2/28 to permanently exempt bars and taverns, and to permit smoking in long-term care and mental health care facilities; charitable gaming; and home-based businesses. The language to preempt communities from adopting smokefree laws for gaming and home-based businesses was removed in the Conference Committee Report..

  • Preemptive Action

    No

  • Anti-Preemptive Clause

    Yes

EXEMPTIONS: Smoking is allowed in horse racing, riverboat, and other gambling facilities; cigar bars and hookah bars that generate at least 10% of sales from cigars or hookah tobacco and prohibit people under age 21; membership clubs that have voted in the last two years to remain smoke-permitted; bars and taverns; retail tobacco stores; cigar manufacturing facilities; long-term care and mental health care facilities; charitable gaming; and home-based businesses.