IC 7.1-3-18.5
Chapter 18.5. Tobacco Sales Certificate
IC 7.1-3-18.5-1 Tobacco sales certificate required
Sec. 1. (a) A person may not sell or otherwise distribute in
exchange for consideration a tobacco product at retail without a valid
tobacco sales certificate issued by the commission.
(b) A certificate may be issued only to a person who owns or
operates at least one (1) of the following:
(1) A premises consisting of a permanent building or structure
where the tobacco product is sold or distributed.
(2) A premises upon which a cigarette vending machine (as
defined by IC 35-43-4-7) is located. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-2 Information required; fees; certification for each location; display
of certificate; denial; requirements
Sec. 2. (a) A person who desires a certificate must provide the
following to the commission:
(1) The applicant's name and mailing address and the address of
the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of
two hundred dollars ($200).
(3) The name under which the applicant transacts or intends to
transact business.
(4) The address of the applicant's principal place of business or
headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(b) A separate certificate is required for each location where the
tobacco products are sold or distributed.
(c) A certificate holder shall conspicuously display the holder's
certificate on the holder's premises where the tobacco products are
sold or distributed.
(d) Any intentional misstatement or suppression of a material fact
in an application filed under this section constitutes grounds for
denial of the certificate.
(e) A certificate may be issued only to a person who meets the
following requirements:
(1) If the person is an individual, the person must be at least
eighteen (18) years of age.
(2) The person must be authorized to do business in Indiana.
(f) The fees collected under this section shall be deposited in the
enforcement and administration fund under IC 7.1-4-10. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.10; P.L.94-2008, SEC.37.
IC 7.1-3-18.5-2.6 Statement of consent
Sec. 2.6. An application for a tobacco certificate must contain the
express statement of the applicant that the applicant consents for the
duration of the certificate term (if the commission issues the
certificate to the applicant) to the entrance, inspection, and search by
an enforcement officer, without a warrant or other process, of the
applicant's retail premises to determine whether the applicant is
complying with the provisions of this title. The consent required by
this section is renewed and continued by the retention of a certificate
or the certificate's use by the applicant or the applicant's agents. As added by P.L.94-2008, SEC.38.
IC 7.1-3-18.5-3 Contents of certificate; term of certificate; nontransferable
Sec. 3. (a) A certificate issued by the commission under this
chapter must contain the following information:
(1) The certificate number.
(2) The certificate holder's name.
(3) The permanent location of the business or vending machine
for which the certificate is issued.
(4) The expiration date of the certificate.
(b) A certificate is:
(1) valid for three (3) years after the date of issuance, unless the
commission suspends the certificate; and
(2) nontransferable. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.11.
IC 7.1-3-18.5-4 Adoption of rules
Sec. 4. The commission may adopt rules under IC 4-22-2 to
establish procedures for the issuance, renewal, and reinstatement of
a certificate. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-5 Certificate suspension; revocation; notice and hearing
Sec. 5. (a) Subject to subsection (b), the commission may suspend
the certificate of a person who fails to pay a civil penalty imposed for
violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or
IC 35-46-1-11.7.
(b) Before enforcing the imposition of a civil penalty or
suspending or revoking a certificate under this chapter, the
commission shall provide written notice of the alleged violation to
the certificate holder and conduct a hearing. The commission shall
provide written notice of the civil penalty or suspension or
revocation of a certificate to the certificate holder.
(c) Subject to subsection (b), the commission shall revoke the
certificate of a person upon a finding by a preponderance of the
evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4;
(2) has committed habitual illegal sale of tobacco as established
under IC 35-46-1-10.2(h); or
(3) has committed habitual illegal entrance by a minor as
established under IC 35-46-1-11.7(f). As added by P.L.250-2003, SEC.11. Amended by P.L.227-2007,
SEC.61; P.L.94-2008, SEC.39.
IC 7.1-3-18.5-6 Reinstatement or renewal; failure to pay civil penalty; Class B
infraction; fee
Sec. 6. (a) If a certificate has:
(1) expired; or
(2) been suspended;
the commission may not reinstate or renew the certificate until all
civil penalties imposed against the certificate holder for violating
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7
have been paid.
(b) The failure to pay a civil penalty described in subsection (a)
is a Class B infraction.
(c) If a certificate has been revoked, the commission may not
reinstate or renew the certificate for at least one hundred eighty (180)
days after the date of revocation. The commission may reinstate or
renew the certificate only upon a reasonable showing by the
applicant that the applicant shall:
(1) exercise due diligence in the sale of tobacco products on the
applicant's premises where the tobacco products are sold or
distributed; and
(2) properly supervise and train the applicant's employees or
agents in the handling and sale of tobacco products.
If a certificate is reinstated or renewed, the applicant of the
certificate shall pay an application fee of one thousand dollars
($1,000).
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the youth tobacco education
and enforcement fund established under IC 7.1-6-2-6. As added by P.L.250-2003, SEC.11. Amended by P.L.94-2008,
SEC.40.
IC 7.1-3-18.5-7 Tobacco sales without certificate; Class A infraction
Sec. 7. (a) A person who is required to have a certificate under
this chapter and who sells or distributes tobacco products without a
valid certificate commits a Class A infraction. Each violation of this
section constitutes a separate offense.
(b) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6. As added by P.L.250-2003, SECTION 11. Amended by P.L.252-2003,
SEC.4. IC 7.1-3-18.5-8 Mitigate civil penalties
Sec. 8. The commission may mitigate civil penalties imposed
against a certificate holder for violating IC 35-46-1-10,
IC 35-46-1-10.2, IC 35-46-1-11.5, IC 35-46-1-11.7, or any of the
provisions of this chapter if a certificate holder provides a training
program for the certificate holder's employees that includes at least
the following topics:
(1) Laws governing the sale of tobacco products.
(2) Methods of recognizing and handling customers who are
less than eighteen (18) years of age.
(3) Procedures for proper examination of identification cards to
verify that customers are under eighteen (18) years of age. As added by P.L.94-2008, SEC.41.
IC 7.1-3-18.5-9 Exercise due diligence; supervision and training of employees or
agents; prima facie evidence of lack of due diligence
Sec. 9. A certificate holder shall exercise due diligence in the
supervision and training of the certificate holder's employees or
agents in the handling and sale of tobacco products on the holder's
retail premises. Proof that employees or agents of the certificate
holder, while in the scope of their employment, committed at least
six (6) violations relating to IC 35-46-1-10.2(a) in any one hundred
eighty (180) day period shall be prima facie evidence of a lack of due
diligence by the certificate holder in the supervision and training of
the certificate holder's employees or agents. As added by P.L.94-2008, SEC.42.
IC 7.1-3-18.5-10 Failure to attend hearing
Sec. 10. (a) If a certificate holder fails to attend or participate in
a hearing without good cause, the hearing judge may recommend to
the commission that the commission suspend or revoke the certificate
holder's certificate or impose a fine on the certificate holder of up to
one thousand dollars ($1,000).
(b) A hearing judge may grant a continuance of a hearing upon
written motion showing good cause for the continuance. As added by P.L.94-2008, SEC.43.
IC 7.1-3-18.5
Chapter 18.5. Tobacco Sales Certificate
IC 7.1-3-18.5-1 Tobacco sales certificate required
Sec. 1. (a) A person may not sell or otherwise distribute in
exchange for consideration a tobacco product at retail without a valid
tobacco sales certificate issued by the commission.
(b) A certificate may be issued only to a person who owns or
operates at least one (1) of the following:
(1) A premises consisting of a permanent building or structure
where the tobacco product is sold or distributed.
(2) A premises upon which a cigarette vending machine (as
defined by IC 35-43-4-7) is located. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-2 Information required; fees; certification for each location; display
of certificate; denial; requirements
Sec. 2. (a) A person who desires a certificate must provide the
following to the commission:
(1) The applicant's name and mailing address and the address of
the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of
two hundred dollars ($200).
(3) The name under which the applicant transacts or intends to
transact business.
(4) The address of the applicant's principal place of business or
headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(b) A separate certificate is required for each location where the
tobacco products are sold or distributed.
(c) A certificate holder shall conspicuously display the holder's
certificate on the holder's premises where the tobacco products are
sold or distributed.
(d) Any intentional misstatement or suppression of a material fact
in an application filed under this section constitutes grounds for
denial of the certificate.
(e) A certificate may be issued only to a person who meets the
following requirements:
(1) If the person is an individual, the person must be at least
eighteen (18) years of age.
(2) The person must be authorized to do business in Indiana.
(f) The fees collected under this section shall be deposited in the
enforcement and administration fund under IC 7.1-4-10. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.10; P.L.94-2008, SEC.37.
IC 7.1-3-18.5-2.6 Statement of consent
Sec. 2.6. An application for a tobacco certificate must contain the
express statement of the applicant that the applicant consents for the
duration of the certificate term (if the commission issues the
certificate to the applicant) to the entrance, inspection, and search by
an enforcement officer, without a warrant or other process, of the
applicant's retail premises to determine whether the applicant is
complying with the provisions of this title. The consent required by
this section is renewed and continued by the retention of a certificate
or the certificate's use by the applicant or the applicant's agents. As added by P.L.94-2008, SEC.38.
IC 7.1-3-18.5-3 Contents of certificate; term of certificate; nontransferable
Sec. 3. (a) A certificate issued by the commission under this
chapter must contain the following information:
(1) The certificate number.
(2) The certificate holder's name.
(3) The permanent location of the business or vending machine
for which the certificate is issued.
(4) The expiration date of the certificate.
(b) A certificate is:
(1) valid for three (3) years after the date of issuance, unless the
commission suspends the certificate; and
(2) nontransferable. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.11.
IC 7.1-3-18.5-4 Adoption of rules
Sec. 4. The commission may adopt rules under IC 4-22-2 to
establish procedures for the issuance, renewal, and reinstatement of
a certificate. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-5 Certificate suspension; revocation; notice and hearing
Sec. 5. (a) Subject to subsection (b), the commission may suspend
the certificate of a person who fails to pay a civil penalty imposed for
violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or
IC 35-46-1-11.7.
(b) Before enforcing the imposition of a civil penalty or
suspending or revoking a certificate under this chapter, the
commission shall provide written notice of the alleged violation to
the certificate holder and conduct a hearing. The commission shall
provide written notice of the civil penalty or suspension or
revocation of a certificate to the certificate holder.
(c) Subject to subsection (b), the commission shall revoke the
certificate of a person upon a finding by a preponderance of the
evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4;
(2) has committed habitual illegal sale of tobacco as established
under IC 35-46-1-10.2(h); or
(3) has committed habitual illegal entrance by a minor as
established under IC 35-46-1-11.7(f). As added by P.L.250-2003, SEC.11. Amended by P.L.227-2007,
SEC.61; P.L.94-2008, SEC.39.
IC 7.1-3-18.5-6 Reinstatement or renewal; failure to pay civil penalty; Class B
infraction; fee
Sec. 6. (a) If a certificate has:
(1) expired; or
(2) been suspended;
the commission may not reinstate or renew the certificate until all
civil penalties imposed against the certificate holder for violating
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7
have been paid.
(b) The failure to pay a civil penalty described in subsection (a)
is a Class B infraction.
(c) If a certificate has been revoked, the commission may not
reinstate or renew the certificate for at least one hundred eighty (180)
days after the date of revocation. The commission may reinstate or
renew the certificate only upon a reasonable showing by the
applicant that the applicant shall:
(1) exercise due diligence in the sale of tobacco products on the
applicant's premises where the tobacco products are sold or
distributed; and
(2) properly supervise and train the applicant's employees or
agents in the handling and sale of tobacco products.
If a certificate is reinstated or renewed, the applicant of the
certificate shall pay an application fee of one thousand dollars
($1,000).
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the youth tobacco education
and enforcement fund established under IC 7.1-6-2-6. As added by P.L.250-2003, SEC.11. Amended by P.L.94-2008,
SEC.40.
IC 7.1-3-18.5-7 Tobacco sales without certificate; Class A infraction
Sec. 7. (a) A person who is required to have a certificate under
this chapter and who sells or distributes tobacco products without a
valid certificate commits a Class A infraction. Each violation of this
section constitutes a separate offense.
(b) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6. As added by P.L.250-2003, SECTION 11. Amended by P.L.252-2003,
SEC.4. IC 7.1-3-18.5-8 Mitigate civil penalties
Sec. 8. The commission may mitigate civil penalties imposed
against a certificate holder for violating IC 35-46-1-10,
IC 35-46-1-10.2, IC 35-46-1-11.5, IC 35-46-1-11.7, or any of the
provisions of this chapter if a certificate holder provides a training
program for the certificate holder's employees that includes at least
the following topics:
(1) Laws governing the sale of tobacco products.
(2) Methods of recognizing and handling customers who are
less than eighteen (18) years of age.
(3) Procedures for proper examination of identification cards to
verify that customers are under eighteen (18) years of age. As added by P.L.94-2008, SEC.41.
IC 7.1-3-18.5-9 Exercise due diligence; supervision and training of employees or
agents; prima facie evidence of lack of due diligence
Sec. 9. A certificate holder shall exercise due diligence in the
supervision and training of the certificate holder's employees or
agents in the handling and sale of tobacco products on the holder's
retail premises. Proof that employees or agents of the certificate
holder, while in the scope of their employment, committed at least
six (6) violations relating to IC 35-46-1-10.2(a) in any one hundred
eighty (180) day period shall be prima facie evidence of a lack of due
diligence by the certificate holder in the supervision and training of
the certificate holder's employees or agents. As added by P.L.94-2008, SEC.42.
IC 7.1-3-18.5-10 Failure to attend hearing
Sec. 10. (a) If a certificate holder fails to attend or participate in
a hearing without good cause, the hearing judge may recommend to
the commission that the commission suspend or revoke the certificate
holder's certificate or impose a fine on the certificate holder of up to
one thousand dollars ($1,000).
(b) A hearing judge may grant a continuance of a hearing upon
written motion showing good cause for the continuance. As added by P.L.94-2008, SEC.43.
IC 7.1-3-18.5
Chapter 18.5. Tobacco Sales Certificate
IC 7.1-3-18.5-1 Tobacco sales certificate required
Sec. 1. (a) A person may not sell or otherwise distribute in
exchange for consideration a tobacco product at retail without a valid
tobacco sales certificate issued by the commission.
(b) A certificate may be issued only to a person who owns or
operates at least one (1) of the following:
(1) A premises consisting of a permanent building or structure
where the tobacco product is sold or distributed.
(2) A premises upon which a cigarette vending machine (as
defined by IC 35-43-4-7) is located. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-2 Information required; fees; certification for each location; display
of certificate; denial; requirements
Sec. 2. (a) A person who desires a certificate must provide the
following to the commission:
(1) The applicant's name and mailing address and the address of
the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of
two hundred dollars ($200).
(3) The name under which the applicant transacts or intends to
transact business.
(4) The address of the applicant's principal place of business or
headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(b) A separate certificate is required for each location where the
tobacco products are sold or distributed.
(c) A certificate holder shall conspicuously display the holder's
certificate on the holder's premises where the tobacco products are
sold or distributed.
(d) Any intentional misstatement or suppression of a material fact
in an application filed under this section constitutes grounds for
denial of the certificate.
(e) A certificate may be issued only to a person who meets the
following requirements:
(1) If the person is an individual, the person must be at least
eighteen (18) years of age.
(2) The person must be authorized to do business in Indiana.
(f) The fees collected under this section shall be deposited in the
enforcement and administration fund under IC 7.1-4-10. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.10; P.L.94-2008, SEC.37.
IC 7.1-3-18.5-2.6 Statement of consent
Sec. 2.6. An application for a tobacco certificate must contain the
express statement of the applicant that the applicant consents for the
duration of the certificate term (if the commission issues the
certificate to the applicant) to the entrance, inspection, and search by
an enforcement officer, without a warrant or other process, of the
applicant's retail premises to determine whether the applicant is
complying with the provisions of this title. The consent required by
this section is renewed and continued by the retention of a certificate
or the certificate's use by the applicant or the applicant's agents. As added by P.L.94-2008, SEC.38.
IC 7.1-3-18.5-3 Contents of certificate; term of certificate; nontransferable
Sec. 3. (a) A certificate issued by the commission under this
chapter must contain the following information:
(1) The certificate number.
(2) The certificate holder's name.
(3) The permanent location of the business or vending machine
for which the certificate is issued.
(4) The expiration date of the certificate.
(b) A certificate is:
(1) valid for three (3) years after the date of issuance, unless the
commission suspends the certificate; and
(2) nontransferable. As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005,
SEC.11.
IC 7.1-3-18.5-4 Adoption of rules
Sec. 4. The commission may adopt rules under IC 4-22-2 to
establish procedures for the issuance, renewal, and reinstatement of
a certificate. As added by P.L.250-2003, SEC.11.
IC 7.1-3-18.5-5 Certificate suspension; revocation; notice and hearing
Sec. 5. (a) Subject to subsection (b), the commission may suspend
the certificate of a person who fails to pay a civil penalty imposed for
violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or
IC 35-46-1-11.7.
(b) Before enforcing the imposition of a civil penalty or
suspending or revoking a certificate under this chapter, the
commission shall provide written notice of the alleged violation to
the certificate holder and conduct a hearing. The commission shall
provide written notice of the civil penalty or suspension or
revocation of a certificate to the certificate holder.
(c) Subject to subsection (b), the commission shall revoke the
certificate of a person upon a finding by a preponderance of the
evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4;
(2) has committed habitual illegal sale of tobacco as established
under IC 35-46-1-10.2(h); or
(3) has committed habitual illegal entrance by a minor as
established under IC 35-46-1-11.7(f). As added by P.L.250-2003, SEC.11. Amended by P.L.227-2007,
SEC.61; P.L.94-2008, SEC.39.
IC 7.1-3-18.5-6 Reinstatement or renewal; failure to pay civil penalty; Class B
infraction; fee
Sec. 6. (a) If a certificate has:
(1) expired; or
(2) been suspended;
the commission may not reinstate or renew the certificate until all
civil penalties imposed against the certificate holder for violating
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7
have been paid.
(b) The failure to pay a civil penalty described in subsection (a)
is a Class B infraction.
(c) If a certificate has been revoked, the commission may not
reinstate or renew the certificate for at least one hundred eighty (180)
days after the date of revocation. The commission may reinstate or
renew the certificate only upon a reasonable showing by the
applicant that the applicant shall:
(1) exercise due diligence in the sale of tobacco products on the
applicant's premises where the tobacco products are sold or
distributed; and
(2) properly supervise and train the applicant's employees or
agents in the handling and sale of tobacco products.
If a certificate is reinstated or renewed, the applicant of the
certificate shall pay an application fee of one thousand dollars
($1,000).
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the youth tobacco education
and enforcement fund established under IC 7.1-6-2-6. As added by P.L.250-2003, SEC.11. Amended by P.L.94-2008,
SEC.40.
IC 7.1-3-18.5-7 Tobacco sales without certificate; Class A infraction
Sec. 7. (a) A person who is required to have a certificate under
this chapter and who sells or distributes tobacco products without a
valid certificate commits a Class A infraction. Each violation of this
section constitutes a separate offense.
(b) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the Richard D. Doyle youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6. As added by P.L.250-2003, SECTION 11. Amended by P.L.252-2003,
SEC.4. IC 7.1-3-18.5-8 Mitigate civil penalties
Sec. 8. The commission may mitigate civil penalties imposed
against a certificate holder for violating IC 35-46-1-10,
IC 35-46-1-10.2, IC 35-46-1-11.5, IC 35-46-1-11.7, or any of the
provisions of this chapter if a certificate holder provides a training
program for the certificate holder's employees that includes at least
the following topics:
(1) Laws governing the sale of tobacco products.
(2) Methods of recognizing and handling customers who are
less than eighteen (18) years of age.
(3) Procedures for proper examination of identification cards to
verify that customers are under eighteen (18) years of age. As added by P.L.94-2008, SEC.41.
IC 7.1-3-18.5-9 Exercise due diligence; supervision and training of employees or
agents; prima facie evidence of lack of due diligence
Sec. 9. A certificate holder shall exercise due diligence in the
supervision and training of the certificate holder's employees or
agents in the handling and sale of tobacco products on the holder's
retail premises. Proof that employees or agents of the certificate
holder, while in the scope of their employment, committed at least
six (6) violations relating to IC 35-46-1-10.2(a) in any one hundred
eighty (180) day period shall be prima facie evidence of a lack of due
diligence by the certificate holder in the supervision and training of
the certificate holder's employees or agents. As added by P.L.94-2008, SEC.42.
IC 7.1-3-18.5-10 Failure to attend hearing
Sec. 10. (a) If a certificate holder fails to attend or participate in
a hearing without good cause, the hearing judge may recommend to
the commission that the commission suspend or revoke the certificate
holder's certificate or impose a fine on the certificate holder of up to
one thousand dollars ($1,000).
(b) A hearing judge may grant a continuance of a hearing upon
written motion showing good cause for the continuance. As added by P.L.94-2008, SEC.43.
