Coin machines for sale or distribution of tobacco
Sec. 11.5. (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 eighteen (18) 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
eighteen (18) years of age.
(2) Private industrial or office locations that are customarily
accessible only to persons who are at least eighteen (18) years
of age.
(3) Private clubs if the membership is limited to persons who
are at least eighteen (18) 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 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.
(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 youth
tobacco education and enforcement fund established under
IC 7.1-6-2-6.
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.
Last modified: May 24, 2006