Section 35-46-1-11.5 - Coin machines for sale or distribution of tobacco or electronic cigarettes; penalty(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 or electronic cigarettes 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 or electronic cigarettes.(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.Amended by P.L. 49-2020,SEC. 36, eff. 7/1/2020.Amended by P.L. 20-2013, SEC. 9, eff. 7/1/2013.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.