Sec. 1. (a) A person may not sell or otherwise distribute in exchange for consideration a tobacco product or electronic cigarette 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) […]
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 […]
Sec. 11. If a certificate holder sells or distributes tobacco products or electronic cigarettes at a location: (1) determined to be a public nuisance; or (2) at which conduct or acts that are crimes or infractions under IC 35 occur; the commission may impose sanctions against the certificate holder under IC 7.1-2-3-33 and section 5 […]
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 […]
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 […]
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 […]
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.
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, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8. (b) Before enforcing the imposition of a civil penalty or suspending or […]
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, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8 have been paid. (b) The […]
Sec. 7. (a) A person who is required to have a certificate under this chapter and who sells or distributes tobacco products or electronic cigarettes 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 […]
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, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, IC 35-46-1-11.8, 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 […]
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 and electronic cigarettes on the holder’s retail premises. Proof that employees or agents of the certificate holder, while in the scope of their employment, committed at […]
