HANCOCK COUNTY — Before Hancock County officials posted their newly amended smoke-free ordinance online this week, they clarified language that changed during the Oct. 1 commissioner meeting.
The Hancock County Board of Commissioners unanimously passed the first exemptions in the ordinance’s 10-year history on Oct 1. Restrictions on smoking were lifted for tobacco and electronic cigarette stores. The amendment also includes tighter restrictions on smoking in public places, such as parks.
When the county adjusted a previous version of the ordinance amendment during the meeting, it took a little over a week for the final version to get posted on the county’s website. The biggest change was clarifying language on which tobacco and vape shops are exempt from the smoke-free ordinance.
In order for a tobacco or vape store to fall under the guidelines of the ordinance, 90% of its gross revenues has to come from selling tobacco or vape products and smoking instruments, and it cannot sell or allow food and beverages. Stores are also required to have a seating limit of eight people and be “a stand-alone, free-standing business with no other businesses or residential property attached to the premises.”
That means that a tobacco shop or vape store cannot be physically connected to any other type of business or residence. The commissioners, however, changed the language to say tobacco and vape businesses that were already operating on Oct. 1 — the date of the amendment’s adoption — don’t have to fulfill the “stand-alone, free-standing” regulation.
The commissioners made the distinction so a Fortville cigar shop, Maduro on Main, could open a smoking lounge. The business owner initially spurred the discussion to change the county’s smoke-free ordinance.
The amendment also states vape shop customers cannot bring in tobacco products to consume, and that retail tobacco stores “have a valid business permit for that type of establishment.”
Since the commissioners amended the original ordinance that was approved in 2008 — it went into effect in 2009 — two additional amendments to the ordinance the county passed in 2009 still stand, said Scott Benkie, county attorney. Those amendments are also available to read on the county’s website.
One of the amendments states the smoking ban does not apply to “outdoor dining areas of restaurants that have no direct exit from the premises and where the nearest seating is at least 10 feet from the entrance to the smoke free area,” rather than the 25-foot smoke-free buffer from all other workplaces and businesses. It also states buildings can have a “device to dispose of smoking materials located directly outside of the entrance.” For example, the Hancock County Courthouse Annex has smoking receptacles next to its entrance.
The other 2009 amendment ensures that businesses won’t be fined if their customers violate the smoke-free ordinance. The business owners are also asked to tell the customers to stop smoking within 25 feet.
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The county’s smoke-free ordinance was posted this week to the county’s website, www.hancockcoingov.org. To read it in full, click on the “Commissioners” tab on the home page, then the “Proposal Ordinances” tab. Here is new language:
(C) The prohibitions of this Section do not apply to:
(4) Electronic smoking device retail store:
a. That is primarily engaged in the sale of tobacco products and instruments for profit, intended for off-premises consumption or use, with at least 90% of the gross revenues of the business resulting from such sales;
b. Prohibits persons under 18 years or age [or 21, depending on applicable law] from entering the premises;
c. Does not sell, offer or allow on-premises consumption of any food or beverages, including alcoholic beverages;
d. Is a stand-alone, free-standing, business with no other businesses or residential property attached to the premises; with the exception of all such businesses already operating on October 1, 2019;
e. Has a maximum seating capacity of eight persons;
f. A requirement that such establishments have a valid business permit for that type of establishment; and
g. The customer is prohibited from bringing tobacco products into the store for consumption purposes.
(5) Retail tobacco store:
a. That is primarily engaged in the sale of tobacco products and smoking instruments intended for off-premises consumption or use, with at least 90% of the gross revenues of the business resulting from such sales;
b. Prohibits persons under 18 years of age [or 21, depending on applicable law] from entering the premises;
c. Does not sell, offer or allow on-premises consumption of any food or beverages, including alcoholic beverages;
d. is a stand-alone, free-standing business with no other businesses or residential property attached to the premises; with the exception of all such businesses operating on October 1, 2019;
e. Has a maximum seating capacity of eight persons;
f. The customer is prohibited from bringing tobacco products into the store for consumption purposes; and
g. A requirement that such establishments have a valid business permit for that type of establishment.
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