Section 35-46-1-11.7 - Minors prohibited from entering retail establishments that primarily sell tobacco, e-liquids, and electronic cigarettes; posting notices required; civil penalties(a) A retail establishment in which tobacco products, electronic cigarettes, and e-liquids account for at least eighty-five percent (85%) of the retail establishment's gross sales may not allow an individual who is less than twenty-one (21) years of age to enter the retail establishment.(b) An individual who is less than twenty-one (21) years of age may not enter a retail establishment described in subsection (a).(c) A retail establishment described in subsection (a) must conspicuously post on all entrances to the retail establishment the following:(1) A sign in boldface type that states "NOTICE: It is unlawful for a person less than 21 years old to enter this store.".(2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the Indiana department of health.(d) A person who violates this section commits a Class C infraction. 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 person has not been cited for a violation of this section in the previous one (1) year, a civil penalty of up to four hundred dollars ($400).(2) If the person has had one (1) violation in the previous one (1) year, a civil penalty of up to eight hundred dollars ($800).(3) If the person has had two (2) violations in the previous one (1) year, a civil penalty of up to one thousand four hundred dollars ($1,400).(4) If the person has had three (3) or more violations in the previous one (1) year, a civil penalty of up to two thousand dollars ($2,000). A person may not be cited more than once every twenty-four (24) hours.
(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.(f) A person who violates subsection (a) at least six (6) times in any one (1) year period commits habitual illegal entrance by a minor, a Class B infraction.Amended by P.L. 56-2023,SEC. 324, eff. 7/1/2023.Amended by P.L. 49-2020,SEC. 37, eff. 7/1/2020.As added by P.L. 177-1999, SEC.14. Amended by P.L. 14-2000, SEC.74; P.L. 1-2001, SEC.41; P.L. 252-2003, SEC.21; P.L. 94-2008, SEC.64.