Smoking Ban

Indiana's statewide smoking ban, which takes effect July 1, 2012, has created a great deal of confusion and uncertainty for posts of The American Legion. It is a complicated law; despite the much heralded exemption for fraternal and social organizations, the law does not grant a total exemption for any post under all conditions. The bill, in simple language, does not exempt American Legion posts: it allows posts to designate one room of the post facility as a smoking area and apply for the exemption. Smoking in all other areas of the post facility will be prohibited.

Here is how a Post should react to the new law:

If the Post votes to be a non-smoking post, it does not need to take any action. On July 1, 2012, smoking in the post will be prohibited by law.  Posts that subsequently wish to change the decision may vote to establish a smoking area and apply for the exemption at any time.

If the Post votes to allow smoking in the building, these are the steps necessary to make that happen:

1.) At a regularly scheduled post meeting, at which a quorum is declared to be present, the post must vote on the question of whether or not it wishes to permit smoking in the building. Detailed minutes of the meeting should be taken.  This vote must have occurred sometime within the past two years, not earlier than July 1, 2010. It is not necessary that a special meeting be called for this purpose.

2.) The Post must download, or request, a "Exception From Smoking Ban" form from the Indiana State Excise Police. The form is available on the ATC website, www.in.gov.atc or by phone at 317.232.2469.

3.) The Post must submit the completed form, along with a copy of the minutes of the meeting at which the members voted on smoking and a floor plan showing the designated smoking area.

4.) The Post will continued to be a non-smoking Post until the ATC completes a physical inspection of the proposed smoking room, based on the application for exemption.

The proposed smoking room must be "a separate, enclosed designated smoking room or area that is adequately ventilated to prevent migration of smoke to non-smoking areas of the premises."

The Department requested clarification directly from the ATC on four questions that seem to be critical to our members' understanding of the new smoking law. They follow, along with the ATC's response:

TAL: Can an American Legion Post ... permit smoking in all areas of the facility if it bans those under 18 years of age from entering at any time?
 ATC: No.

TAL: Can any Post facility be totally exempt from the smoking ban?
ATC: Only if it is one single room and meets all other requirements.

TAL: Does the fraternal club exmption apply to only one designated room in the exempt facility in all cases?
 ATC: Yes

TAL: Once the "Exemption From Smoking Ban" form is submitted to the ATC, does the Post automatically receive the exemption and can it immediatley permit smoking?
ATC: No. "The floor plan must be approved by a visit by ATC to approve the smoking room exception and until it is approved by the ATC, the room will be non-smoking until such time that it has been approved by the ATC.

Smoking is prohibited within eight feet of an entrance to the Post facility. Outdoor covered patio or deck areas that are connected to the building are not exempt from the smoking ban. Separate "butt huts" are.

Signs, available from the ATC at the website listed above, must be posted advising patrons and visitors of the smoking status of the building.

More information is available on the Legion's website, and I will continue to blog information on the smoking ban. Remember, local governments are empowered by the new law to enact additional smoking restrictions, and those local ordinances -- if they are more stringent that the state law -- take precedent.