Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2023 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 149
AN ACT to amend the Indiana Code concerning alcohol and
tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 7.1-3-18.5-2, AS AMENDED BY P.L.49-2020,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 2. (a) A person who desires a certificate must
provide the following to the commission:
(1) The applicant's name and mailing address and the address of
the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of two
hundred dollars ($200).
(3) The name under which the applicant transacts or intends to
transact business.
(4) The address of the applicant's principal place of business or
headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(6) If the applicant is applying for a new certificate under
section 3.2 of this chapter, a copy of each of the following:
(A) If the new ownership of the business is a business
entity, the articles of incorporation, articles of
organization, or any other formation documents of the
business entity.
(B) If the new ownership of the business is an individual,
either:
SEA 149 — Concur 2
(i) the sales or purchase agreement; or
(ii) an affidavit signed by the applicant concerning the
sale or purchase, on a form prescribed by the
commission, that includes the name and address of the
seller and purchaser.
(C) The certificate held by the previous ownership of the
business.
(b) A separate certificate is required for each location where the
tobacco products or electronic cigarettes are sold or distributed. A
retail establishment may not hold more than one (1) active tobacco
sales certificate for a retail location at any time.
(c) A certificate holder shall conspicuously display the holder's
certificate on the holder's premises where the tobacco products or
electronic cigarettes are sold or distributed.
(d) Any intentional misstatement or suppression of a material fact
in an application filed under this section constitutes grounds for denial
of the certificate.
(e) A certificate may be issued only to a person who meets the
following requirements:
(1) If the person is an individual, the person must be at least
twenty-one (21) years of age.
(2) The person must be authorized to do business in Indiana.
(3) The person has not had an interest in a certificate revoked by
the commission for that business location within the preceding
one (1) year.
(f) The fees collected under this section shall be deposited in the
enforcement and administration fund under IC 7.1-4-10.
SECTION 2. IC 7.1-3-18.5-2.4 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 2.4. (a) Subject to available
resources, the commission shall not issue a tobacco sales certificate,
except as otherwise authorized in this title and subject to the other
restrictions contained in this title, to the following persons:
(1) A person who does not have lawful status (as defined in
IC 9-13-2-92.3).
(2) A person who has been convicted within five (5) years
before the date of application of:
(A) a federal crime having a sentence of at least one (1)
year;
(B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony;
or
(C) a crime in a state other than Indiana having a penalty
SEA 149 — Concur 3
equal to the penalty for an Indiana Level 1, Level 2, Level
3, Level 4, or Level 5 felony.
However, this subdivision does not apply to a conviction that
has been expunged under IC 35-38-9.
(3) A person who does not meet at least one (1) of the
following descriptions:
(A) The person owns the premises to which the certificate
will be applicable.
(B) The person has a valid lease on the premises:
(i) at the time of the application for a certificate; and
(ii) for the duration of the period in which the person
sells or distributes in the manner described in section 1
of this chapter.
(C) The person has a franchise agreement with a
franchisor:
(i) that owns the premises to which the certificate will be
applicable; or
(ii) that has a bona fide lease on the premises for the full
period for which the certificate is to be issued.
(4) A person whose place of business is conducted by a
manager or agent, unless the manager or agent possesses the
same qualifications required for the issuance of a tobacco
sales certificate to the person.
(5) A minor.
(6) A person non compos mentis.
(7) A person who has held a permit or certificate under this
title and who has had that permit or certificate revoked
within one (1) year prior to the date of application for a
tobacco sales certificate.
(8) A person who has made an application for a permit or
certificate of any type under this title which has been denied
less than one (1) year prior to the person's application for a
tobacco sales certificate unless the first application was denied
by reason of a procedural or technical defect.
(b) Subsection (a)(5) does not prevent a minor from being a
stockholder in a corporation.
SECTION 3. IC 7.1-3-18.5-3.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 3.2. If the majority of the
ownership of a business that is a certificate holder is sold or
transferred:
(1) the new ownership of the business must apply for a new
SEA 149 — Concur 4
certificate under section 2 of this chapter; and
(2) the certificate and the permit number held by the previous
ownership of the business are void ninety (90) days after the
date of the sale or transfer of the ownership of the business.
SECTION 4. IC 7.1-3-18.5-9.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 9.2. (a) An employee of a
certificate holder must hold a valid:
(1) driver's license issued by the state of Indiana or another
state; or
(2) identification card issued by the state of Indiana, another
state, or the United States;
to sell tobacco products.
(b) An employee must have the employee's driver's license or
identification card or a copy of the employee's driver's license or
identification card:
(1) either:
(A) in the employee's possession; or
(B) on file with the employee's employer; and
(2) upon request, readily available to show to an excise officer
or law enforcement;
when selling tobacco products.
(c) If an employee holds a valid license or identification card as
described in subsection (a) but is unable to show the license,
identification card, or a copy to an excise officer under subsection
(b) because:
(1) the employee has left the license, identification card, or
copy in another location; or
(2) the license, identification card, or copy has otherwise been
lost or mislaid;
the employee may, within five (5) days of the employee's inability
to show the license, identification card, or copy to the excise officer,
produce to the excise officer or to the office of the commission
satisfactory evidence of a license or identification card issued to the
individual that was valid at the time the individual was unable to
show the license, identification card, or copy.
(d) If an employee who is unable to show a license, identification
card, or copy to an excise officer fails to produce satisfactory
evidence within five (5) days in the manner described in subsection
(c), the commission may impose a civil penalty on the certificate
holder under IC 7.1-3-23-3.
SECTION 5. IC 7.1-5-10-26 IS ADDED TO THE INDIANA CODE
SEA 149 — Concur 5
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2024]: Sec. 26. A person who recklessly, knowingly, or
intentionally sells a tobacco product without a valid tobacco sales
certificate commits a Class C infraction.
SECTION 6. IC 35-46-1-11.4, AS ADDED BY P.L.49-2020,
SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 11.4. (a) This section Subsection (b) does not
apply to a tobacco and vaping business:
(1) operating as a tobacco and vaping business before July 1,
2020; or
(2) that began operating as a tobacco and vaping business after
June 30, 2020, and before July 1, 2024, if at the time the tobacco
and vaping business began operating the tobacco and vaping
business was not located in an area prohibited under this section.
(b) A person may not operate a tobacco and vaping business within
one thousand (1,000) feet of a public or private elementary or
secondary school, as measured between the nearest point of the
premises occupied by the tobacco and vaping business and the nearest
point of a building used by the school for instructional purposes.
(c) Subsection (d) does not apply to a tobacco and vaping
business:
(1) operating as a tobacco and vaping business before July 1,
2024; or
(2) that began operating as a tobacco and vaping business
after June 30, 2024, if at the time the tobacco and vaping
business began operating the tobacco and vaping business was
not located in an area prohibited under this section.
(d) A person may not operate a tobacco and vaping business
within one thousand (1,000) feet of school property, measured from
the nearest point of the premises occupied by the tobacco and
vaping business.
(c) (e) A person who violates this section commits a Class C
misdemeanor.
SEA 149 — Concur President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
SEA 149 — Concur