Indiana Code 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
(b) An individual who is less than twenty-one (21) years of age may not enter a retail establishment described in subsection (a).
Terms Used In Indiana Code 35-46-1-11.7
- Judgment: means all final orders, decrees, and determinations in an action and all orders upon which executions may issue. See Indiana Code 1-1-4-5
- minor: means a person less than eighteen (18) years of age. See Indiana Code 1-1-4-5
- tobacco: includes :
Indiana Code 35-46-1-1.7
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(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.
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; P.L.49-2020, SEC.37; P.L.56-2023, SEC.324.