Indianapolis-Marion County Revised Code § 988-101 Purpose.
Sec. 988-101. - Purpose.
It is the purpose of this chapter to regulate certain businesses where use of non-cigarette tobacco products is permitted.
(G.O. 12, 2012, § 5)
TOBACCO BUSINESSES
Indianapolis-Marion County Revised Code tit. IV, ch. 988
in effectIndianapolis-Marion County Revised Code § 988-102 Definitions.
Sec. 988-102. - Definitions.
The following words and phrases, whenever used in this chapter, shall be construed as defined in this section:
(a) "Cigar" means any roll of tobacco that has a wrapper or cover consisting only of tobacco, weighing more than four and one-half (4½) pounds per one thousand (1,000) and is sold without a filter.
(b) "Cigarette" means:
(1) Any roll for smoking containing tobacco wrapped in paper or in any substance other than tobacco leaf; or
(2) Any roll for smoking containing tobacco wrapped in any substance, however labeled or named, which because of its appearance, size, the type of tobacco used in the filler, or its packaging, pricing, marketing, or labeling, is likely to be offered to, purchased by, or consumed by consumers as a cigarette as defined above.
(c) "Tobacco specialty bar" means a business that, as of January 1, 2012:
(1) Is licensed to sell alcoholic beverages pursuant to a permit issued by the Indiana Alcohol and Tobacco Commission for on-premises consumption and in which the service of food is only incidental to the consumption of such beverages and the sale of cigars or Hookah tobacco;
(2) Is engaged in the business of selling cigars or Hookah tobaccos and where at least twenty (20) percent or more of its total annual gross income over the preceding calendar year was derived from the on-site sale of cigars or Hookah tobaccos;
(3) That is not physically located within a business otherwise required to be smoke free; and
(4) That does not sell cigarettes or allow smoking of cigarettes on the premises.
(G.O. 12, 2012, § 5)
Indianapolis-Marion County Revised Code § 988-103 Licenses authorized.
Sec. 988-103. - Licenses authorized.
A tobacco business wishing to permit smoking of tobacco products other than cigarettes at its business location may apply to the license administrator for a license as a tobacco specialty bar, by making application under this chapter.
(G.O. 12, 2012, § 5)
Indianapolis-Marion County Revised Code § 988-104 Application for tobacco business license.
Sec. 988-104. - Application for tobacco business license.
(a) The application for a tobacco business license under this chapter shall be filed by the owner of the business and shall contain the following information which shall be verified by the owner under penalties for perjury:
(1) An application by a tobacco specialty bar shall include verification that it meets the definition in section 988-102(c), that it permits no one under the age of twenty-one (21) years to enter its business, that it employs no one under the age of twenty-one (21) years, is not physically located within a business that is otherwise required to be smoke free under chapter 616, and has notified the Marion County Health Department that it intends to allow smoking on the premises.
(2) Tobacco vending machine sales and/or humidor rental shall not be considered as comprising part of the revenue requirement from section 988-102(c)(2) above.
(b) The application shall be accompanied by a fee of two hundred fifteen dollars ($215.00).
(G.O. 12, 2012, § 5)
Indianapolis-Marion County Revised Code § 988-105 License.
Sec. 988-105. - License.
If the license administrator determines that the applicant qualifies for a tobacco license under this chapter, the license shall be issued for the remainder of the calendar year upon payment of the annual license fee of two hundred fifteen dollars ($215.00) for a tobacco specialty bar. The license shall be renewed annually only upon application by the business demonstrating it still qualifies under this chapter.
(G.O. 12, 2012, § 5)
Indianapolis-Marion County Revised Code § 988-106 Transferability of tobacco business license.
Sec. 988-106. - Transferability of tobacco business license.
Nothing in this chapter shall be deemed to restrict or prevent a license issued under this chapter from being sold or transferred, providing that all standards set herein continue to be met and the tobacco specialty bar remains a business in good standing under all applicable laws, including tax, liquor, licensing and other laws applicable to it.
(G.O. 12, 2012, § 5)
Indianapolis-Marion County Revised Code § 988-107 Enforcement and penalties.
Sec. 988-107. - Enforcement and penalties.
Any violation of this chapter shall be subject to the enforcement procedures and penalties provided in section 103-3 of this Code.
(G.O. 12, 2012, § 5)
Source: Consolidated City of Indianapolis and Marion County, Revised Code (Municode Library, library.municode.com)URL: https://library.municode.com/in/indianapolis_-_marion_county/codes/code_of_ordinances?nodeId=TITIVBUCORELI_CH988TOBUFetched: 10/27/2026