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Smoke Free Air Ordinance
<br />Page 7
<br />(n) "Private Club" means an organization, whether incorporated or not, which is the owner, lessee,
<br />or occupant of a building or portion thereof used exclusively for club purposes at all times, which is
<br />operated solely for a recreational, fraternal, social, patriotic, political, benevolent, or athletic purpose, but
<br />not for pecuniary gain, and which only sells alcoholic beverages incidental to its operation. The affairs
<br />and management of the organization are conducted by a board of directors, executive committee, or similar
<br />body chosen by the members at an annual meeting. The organization has established bylaws and /or a
<br />constitution to govern its activities. The organization has been granted an exemption from the payment of
<br />federal income tax as a club under 26 U.S.C. Section 501.
<br />(o) "Public Place" means an area to which the public is invited or in which the public is permitted,
<br />including but not limited to, banks, bars, educational facilities, gaming facilities, health care facilities,
<br />hotels and motels, laundromats, public transportation vehicles and facilities, reception areas, restaurants,
<br />retail food production and marketing establishments, retail service establishments, retail stores, shopping
<br />malls, sports arenas, theaters, and waiting rooms. A private residence is not a "public place" unless it is
<br />used as a childcare, adult day care, or health care facility.4
<br />(p) "Restaurant" means an eating establishment, including but not limited to, coffee shops,
<br />cafeterias, sandwich stands, and private and public school cafeterias, which gives or offers for sale food
<br />to the public, guests, or employees, as well as kitchens and catering facilities in which food is prepared on
<br />the premises for serving elsewhere. The term "restaurant" shall include a bar area within the restaurant.
<br />(r) "Service Line" means an indoor or outdoor line in which one (1) or more persons are waiting
<br />for or receiving service of any kind, whether or not the service involves the exchange of money, including
<br />but not limited to, ATM lines, concert lines, food vendor lines, movie ticket lines, and sporting event lines.
<br />(s) "Shopping Mall" means a public walkway or hall area that serves to connect retail or
<br />professional establishments.
<br />(t) "Smoking" means inhaling, exhaling, burning or carrying any lighted or heated cigar,
<br />cigarette, or pipe, or any other lighted or heated tobacco or plant product intended for inhalation, including
<br />hookah and marijuana, in any manner or in any form. "Smoking" also includes the use of an e- cigarette
<br />which creates a vapor, in any manner or in any form, or the use of any oral smoking device for the purpose
<br />of circumventing the prohibition of smoking in this Article. 5
<br />(u) "Sports Arena" means a place where people assemble to engage in physical exercise,
<br />participate in athletic competition, or witness sports or other events, including sports pavilions, stadiums,
<br />gymnasiums, health spas, boxing arenas, swimming pools, roller and ice rinks, and bowling alleys.
<br />'Indiana Code § 7.1- 5 -12 -2 addresses "Public place defined ".
<br />'Indiana Code § 7.1- 5 -12 -3 addresses "Smoking defined ".
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