Retail establishment's sale or distribution of tobacco to minors;
defenses
Sec. 10.2. (a) A retail establishment that sells or distributes
tobacco to a person less than eighteen (18) 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.
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 ninety (90) days, a civil penalty of fifty
dollars ($50).
(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 ninety (90) days, a civil penalty of
one hundred dollars ($100).
(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 ninety (90) days, a civil penalty of
two hundred fifty dollars ($250).
(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 ninety (90) days, a civil
penalty of five hundred dollars ($500).
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.
(b) It is not a defense that the person to whom the tobacco was
sold or distributed did not smoke, chew, or otherwise consume the
tobacco.
(c) The following defenses are available to a retail establishment
accused of selling or distributing tobacco to a person who is less than
eighteen (18) 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 the age that complies with
regulations promulgated by the federal Food and Drug
Administration.
(d) It is a defense that the accused retail establishment sold or
delivered the tobacco to a person who acted in the ordinary course of
employment or a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, "distribute" means to give tobacco to
another person as a means of promoting, advertising, or marketing
the tobacco to the general public.
(f) Unless a person buys or receives tobacco under the direction
of a law enforcement officer as part of an enforcement action, a retail
establishment that sells or distributes tobacco is not liable for a
violation of this section unless the person less than eighteen (18)
years of age who bought or received the tobacco is issued a citation
or summons under section 10.5 of this chapter.
(g) 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 (IC 7.1-6-2-6).
(h) A person who violates subsection (a) at least six (6) times in
any six (6) month period commits habitual illegal sale of tobacco, a
Class B infraction.
As added by P.L.177-1999, SEC.11. Amended by P.L.14-2000,
SEC.72; P.L.1-2001, SEC.38; P.L.250-2003, SEC.17; P.L.252-2003,
SEC.18.
Last modified: May 24, 2006