Indiana § 7.1-3-18.5-2.4 Persons prohibited from issuance of certificate

Indiana Statutes

§ 7.1-3-18.5-2.4 — Persons prohibited from issuance of certificate

Indiana § 7.1-3-18.5-2.4

Art. 3PERMITS

Ch. 18.5Tobacco Sales Certificate

This text of Indiana § 7.1-3-18.5-2.4 (Persons prohibited from issuance of certificate) 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 § 7.1-3-18.5-2.4 (2026).

Text

4.

(a)Subject to available resources, the commission shall not issue a tobacco sales certificate, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons:

(1)A person who does not have lawful status (as defined in IC 9-13-2-92.3).

(2)A person who has been convicted within five (5) years before the date of application of:

(A)a federal crime having a sentence of at least one (1) year;

(B)a Level 1, Level 2, Level 3, Level 4, or Level 5 felony; or

(C)a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Level 1, Level 2, Level 3, Level 4, or Level 5 felony. However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.

(3)A person who does

Free access — add to your briefcase to read the full text and ask questions with AI

4. (a) Subject to available resources, the
commission shall not issue a tobacco sales certificate, except as
otherwise authorized in this title and subject to the other restrictions
contained in this title, to the following persons:
(1) A person who does not have lawful status (as defined in IC 9-13-2-92.3).
(2) A person who has been convicted within five (5) years before
the date of application of:
(A) a federal crime having a sentence of at least one (1) year;
(B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony; or
(C) a crime in a state other than Indiana having a penalty equal
to the penalty for an Indiana Level 1, Level 2, Level 3, Level 4,
or Level 5 felony.
However, this subdivision does not apply to a conviction that has
been expunged under IC 35-38-9.
(3) A person who does not meet at least one (1) of the following
descriptions:
(A) The person owns the premises to which the certificate will
be applicable.
(B) The person has a valid lease on the premises:
(i) at the time of the application for a certificate; and
(ii) for the duration of the period in which the person sells or
distributes in the manner described in section 1 of this
chapter.
(C) The person has a franchise agreement with a franchisor:
(i) that owns the premises to which the certificate will be
applicable; or
(ii) that has a bona fide lease on the premises for the full
period for which the certificate is to be issued.
(4) A person whose place of business is conducted by a manager
or agent, unless the manager or agent possesses the same
qualifications required for the issuance of a tobacco sales
certificate to the person.
(5) A minor.
(6) A person non compos mentis.
(7) A person who has held a permit or certificate under this title
and who has had that permit or certificate revoked within one (1)
year prior to the date of application for a tobacco sales certificate.
(8) A person who has made an application for a permit or
certificate of any type under this title which has been denied less
than one (1) year prior to the person's application for a tobacco
sales certificate unless the first application was denied by reason
of a procedural or technical defect.
(b) Subsection (a)(5) does not prevent a minor from being a
stockholder in a corporation.