Indiana § 35-46-1-11.5 Coin machines selling tobacco products

Indiana Statutes

§ 35-46-1-11.5 — Coin machines selling tobacco products

Indiana § 35-46-1-11.5

Art. 46MISCELLANEOUS OFFENSES

Ch. 1Offenses Against the Family

This text of Indiana § 35-46-1-11.5 (Coin machines selling tobacco products) 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.

Bluebook

Ind. Code § 35-46-1-11.5 (2026).

Text

5.

(a)Except for a coin machine that is placed in or directly adjacent to an entranceway or an exit, or placed in a hallway, a restroom, or another common area that is accessible to persons who are less than twenty-one (21) years of age, this section does not apply to a coin machine that is located in the following:

(1)That part of a licensed premises (as defined in IC 7.1-1-3-20) where entry is limited to persons who are at least twenty-one (21) years of age.

(2)Private industrial or office locations that are customarily accessible only to persons who are at least twenty-one (21) years of age.

(3)Private clubs if the membership is limited to persons who are at least twenty-one (21) years of age.

(4)Riverboats where entry is limited to persons who are at least twenty-one (21) years of

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5. (a) Except for a coin machine that is
placed in or directly adjacent to an entranceway or an exit, or placed in
a hallway, a restroom, or another common area that is accessible to
persons who are less than twenty-one (21) years of age, this section
does not apply to a coin machine that is located in the following:
(1) That part of a licensed premises (as defined in IC 7.1-1-3-20)
where entry is limited to persons who are at least twenty-one (21)
years of age.
(2) Private industrial or office locations that are customarily
accessible only to persons who are at least twenty-one (21) years
of age.
(3) Private clubs if the membership is limited to persons who are
at least twenty-one (21) years of age.
(4) Riverboats where entry is limited to persons who are at least
twenty-one (21) years of age and on which lawful gambling is
authorized.
(b) As used in this section, "coin machine" has the meaning set forth
in IC 35-43-5-1.
(c) Except as provided in subsection (a), an owner of a retail
establishment may not:
(1) distribute or sell tobacco products by use of a coin machine;
or
(2) install or maintain a coin machine that is intended to be used
for the sale or distribution of tobacco products.
(d) An owner of a retail establishment who violates this section
commits a Class C infraction. A citation or summons issued under this
section must provide notice that the coin machine must be moved
within two (2) business days. 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 owner of the retail establishment has not been issued a
citation or summons for a violation of this section in the previous
ninety (90) days, a civil penalty of fifty dollars ($50).
(2) If the owner of the retail establishment has had one (1) citation
or summons issued for a violation of this section in the previous
ninety (90) days, a civil penalty of two hundred fifty dollars
($250).
(3) If the owner of the retail establishment has had two (2)
citations or summonses issued for a violation of this section in the
previous ninety (90) days for the same machine, the coin machine
shall be removed or impounded by a law enforcement officer
having jurisdiction where the violation occurs.
An owner of a retail establishment may not be issued a citation or
summons for a violation of this section more than once every two (2)
business days for each business location.
(e) 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 established under IC 7.1-6-2-6.

Legislative History

As added by P.L.49-1990, SEC.20. Amended by P.L.177-1999, SEC.13; P.L.14-2000, SEC.73; P.L.1-2001, SEC.40; P.L.252-2003, SEC.20; P.L.20-2013, SEC.9; P.L.49-2020, SEC.36; P.L.163-2025, SEC.65.