(a) The following areas shall be excepted from the provisions of Sections 6.05.030 through 6.05.050 of this chapter to the extent those sections would otherwise be applicable:
(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) Hotel and motel rooms that are rented to guests and are designated as smoking rooms; provided, however, that not more than twenty percent of rooms rented to guests in a hotel or motel may be so designated. The status of rooms as smoking or nonsmoking may not be changed, except to add additional nonsmoking rooms;
(4) Retail tobacco stores;
(5) Private and semi-private rooms in nursing homes and long-term care facilities that are occupied by one or more persons, all of whom have requested in writing to be placed in a room where smoking is permitted;
(6) Any vehicle used by an employee while in the service of an employer when the vehicle is occupied only by that employee;
(7) Any tobacco bar;
(8) Unenclosed areas located at the Indianapolis Motor Speedway, including without limitation all grandstands and other outdoor seating areas;
(9) Any bar or tavern that:
(A) Holds a beer, liquor, or wine retailer’s permit under the laws of this state,
(B) Allows no customer to enter at any time who is under the age of eighteen,
(C) Employs no person under the age of eighteen,
(D) Is not physically located within a business otherwise required to be smoke free by this chapter,
(E) Has provided notice by sending notice to the Marion County health department as part of its annual application for a retail food establishment license; that it intends to allow smoking, intends to serve only customers over the age of eighteen, and that it is otherwise entitled to an exemption under this section, provided however, that an election for this exemption may be made not more than once in a calendar year.
(10) Any business that:
(A) Is exempt from federal income taxation under 26 U.S.C. Section 501(c),
(B) Is a “club” as that term is defined by Ind. Code Section 7.1-3-20-1, or a “fraternal club” as that term is defined by Ind. Code Section 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.
(b) None of the areas in the preceding subsection shall be excepted from the provisions of Sections 6.05.030 through 6.05.050 of this chapter if the smoke from smoking in any such area is vented into any area where smoking is otherwise prohibited by this chapter.
(c) Any business claiming an exception pursuant to this section shall provide to any enforcement agency listed in Section 6.05.090(a) of this chapter, within three business days of demand, adequate written proof that it qualifies for the exception claimed. Such written proof shall be certified under the penalties for perjury by an authorized representative of the business. (Ord. 1052 §1(part), 2006).