Exceptions.
Indianapolis-Marion County Revised Code § 616-204
in effectSec. 616-204. - Exceptions.
(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)
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=TITIIIPUHEWE_CH616NOAR_ARTIISMRE_S616-204EXFetched: 10/27/2026