This text of Indiana § 35-46-1-10.2 (Retail establishment sale or distribution of tobacco product) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
2.
(a)A person may not be charged with a
violation under this section and a violation under IC 7.1-7-6-5.
(b)A retail establishment that sells or distributes a tobacco product
to a person less than twenty-one (21) years of age commits a Class C
infraction. For a sale to take place under this section, the buyer must
pay the retail establishment for the tobacco product.
(c)Notwithstanding IC 34-28-5-4(c), a civil judgment for an
infraction committed under this section must be imposed as follows:
(1)If the retail establishment at that specific business location has
not been issued a citation or summons for a violation of this
section in the previous one (1) year, a civil penalty of up to four
hundred dollars ($400).
(2)If the retail establishment at that specific business location has
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2. (a) A person may not be charged with a
violation under this section and a violation under IC 7.1-7-6-5.
(b) A retail establishment that sells or distributes a tobacco product
to a person less than twenty-one (21) years of age commits a Class C
infraction. For a sale to take place under this section, the buyer must
pay the retail establishment for the tobacco product.
(c) Notwithstanding IC 34-28-5-4(c), a civil judgment for an
infraction committed under this section must be imposed as follows:
(1) If the retail establishment at that specific business location has
not been issued a citation or summons for a violation of this
section in the previous one (1) year, a civil penalty of up to four
hundred dollars ($400).
(2) If the retail establishment at that specific business location has
had one (1) citation or summons issued for a violation of this
section in the previous one (1) year, a civil penalty of up to eight
hundred dollars ($800).
(3) If the retail establishment at that specific business location has
had two (2) citations or summonses issued for a violation of this
section in the previous one (1) year, a civil penalty of up to one
thousand four hundred dollars ($1,400).
(4) If the retail establishment at that specific business location has
had three (3) or more citations or summonses issued for a
violation of this section in the previous one (1) year, a civil
penalty of up to two thousand dollars ($2,000).
A retail establishment may not be issued a citation or summons for a
violation of this section more than once every twenty-four (24) hours
for each specific business location.
(d) It is not a defense that the person to whom the tobacco product
was sold or distributed did not smoke, chew, inhale, or otherwise
consume the tobacco product.
(e) The following defenses are available to a retail establishment
accused of selling or distributing a tobacco product to a person who is
less than twenty-one (21) years of age:
(1) The buyer or recipient produced a driver's license bearing the
purchaser's or recipient's photograph showing that the purchaser
or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification
card issued under IC 9-24-16-1 or a similar card issued under the
laws of another state or the federal government showing that the
purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that an
ordinary prudent person would believe that the purchaser or
recipient was not less than thirty (30) years of age.
(f) It is a defense that the accused retail establishment sold or
delivered the tobacco product to a person who acted in the ordinary
course of employment or a business concerning tobacco products for
the following activities:
(1) Agriculture.
(2) Processing.
(3) Transporting.
(4) Wholesaling.
(5) Retailing.
(g) As used in this section, "distribute" means to give a tobacco
product to another person as a means of promoting, advertising, or
marketing the tobacco product to the general public.
(h) Unless a person buys or receives a tobacco product under the
direction of a law enforcement officer as part of an enforcement action,
a retail establishment that sells or distributes a tobacco product is not
liable for a violation of this section unless the person less than
twenty-one (21) years of age who bought or received the tobacco
product is issued a citation or summons under section 10.5 of this
chapter.
(i) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
this section must be deposited in the Richard D. Doyle tobacco
education and enforcement fund (IC 7.1-6-2-6).
(j) A person who violates subsection (b) at least six (6) times in any
one (1) year commits habitual illegal sale of tobacco, a Class B
infraction.