Indiana 2025 2025 Regular Session

Indiana House Bill HB1468 Comm Sub / Bill

Filed 02/04/2025

                    *HB1468.1*
February 4, 2025
HOUSE BILL No. 1468
_____
DIGEST OF HB 1468 (Updated February 4, 2025 9:00 am - DI 144)
Citations Affected:  IC 7.1-3.
Synopsis: Supplemental cigar sales certificate. Allows the holder of
a tobacco sales certificate (holder) to obtain a supplemental cigar sales
certificate (cigar certificate) that allows the holder to sell cigars on a
temporary basis at a function or event. Provides the fee for a cigar
certificate is $300 and has a term of three years. Requires the holder to
give written notice to the alcohol and tobacco commission
(commission) of the date and location of the function or event where
the holder proposes to sell cigars. Provides that the commission's
approval of the location does not authorize smoking in violation of: (1)
state laws prohibiting smoking in public places; or (2) any county, city,
or town smoking ordinance.
Effective:  July 1, 2025.
Miller K, Judy, Manning, Pressel
January 21, 2025, read first time and referred to Committee on Public Policy.
February 4, 2025, amended, reported — Do Pass.
HB 1468—LS 6460/DI 87  February 4, 2025
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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provision adopted), the text of the new provision will appear in  this  style  type. Also, the
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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 2024 Regular Session of the General Assembly.
HOUSE BILL No. 1468
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-3-18.6 IS ADDED TO THE INDIANA CODE
2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
3 JULY 1, 2025]:
4 Chapter 18.6. Supplemental Cigar Sales Certificate
5 Sec. 1. As used in this chapter, "holder" means a person who
6 holds a supplemental cigar sales certificate under this chapter.
7 Sec. 2. The commission may issue a supplemental cigar sales
8 certificate only to a person who:
9 (1) is the holder of a tobacco sales certificate; and
10 (2) desires to sell cigars on a temporary basis:
11 (A) at a location other than the person's licensed premises;
12 and
13 (B) as part of a function or event.
14 Sec. 3. A supplemental cigar sales certificate is:
15 (1) valid for three (3) years after the date of issuance, unless
16 the commission suspends the supplemental cigar sales
17 certificate or the holder's tobacco sales certificate; and
HB 1468—LS 6460/DI 87 2
1 (2) nontransferable.
2 Sec. 4. (a) The fee for a supplemental cigar sales certificate is
3 three hundred dollars ($300).
4 (b) The fees collected under this section shall be deposited in the
5 enforcement and administration fund under IC 7.1-4-10.
6 Sec. 5. (a) A holder shall provide to the commission, not later
7 than five (5) days before a function or event, written notice of the
8 date and location of the function or event at which the holder
9 desires to sell cigars.
10 (b) The commission may waive the five (5) day notice period if
11 authorized by the chairman or the chairman's designee, but may
12 not waive the written notice requirement.
13 (c) If a holder provides written notice as required under this
14 section, the commission may approve the proposed date and
15 location of the function or event.
16 Sec. 6. If the commission does not approve the proposed date or
17 location, the commission shall notify the holder by:
18 (1) electronic mail; or
19 (2) certified mail, including any service of the United States
20 Postal Service or any service of a designated private delivery
21 service (as defined by the United States Internal Revenue
22 Service) that:
23 (A) tracks the delivery of mail; and
24 (B) requires a signature upon delivery.
25 Sec. 7. The commission may, but is not required to, notify a
26 holder that the commission has approved the proposed date and
27 location of the function or event at which the holder may sell
28 cigars. A holder may sell cigars on the proposed date and location
29 for which written notice has been given as provided in section 5 of
30 this chapter, unless the holder receives notice of disapproval from
31 the commission under section 6 of this chapter.
32 Sec. 8. The commission's approval authorizes the holder to sell
33 cigars at that location and on that date and does not:
34 (1) authorize an officer, owner, operator, manager, or
35 proprietor of the location where the function or event is held,
36 or the organizer of the function or event, to allow smoking in
37 violation of:
38 (A) IC 7.1-5-12; or
39 (B) any smoking ordinance of the county, city, or town in
40 which the function or event is located; or
41 (2) prevent an authority under IC 7.1-5-12-6 from enforcing
42 IC 7.1-5-12 or any county, city, or town smoking ordinance.
HB 1468—LS 6460/DI 87 3
1 Sec. 9. A supplemental cigar sales certificate, for purposes of
2 this title, shall be considered a separate and distinct type of
3 certificate. A supplemental cigar sales certificate does not affect the
4 rights, privileges, and restrictions applicable to a tobacco sales
5 certificate.
HB 1468—LS 6460/DI 87 4
COMMITTEE REPORT
Mr. Speaker: Your Committee on Public Policy, to which was
referred House Bill 1468, has had the same under consideration and
begs leave to report the same back to the House with the
recommendation that said bill be amended as follows:
Page 2, line 3, delete "one" and insert "three".
Page 2, line 3, delete "($100)." and insert "($300).".
and when so amended that said bill do pass.
(Reference is to HB 1468 as introduced.)
MANNING
Committee Vote: yeas 12, nays 0.
HB 1468—LS 6460/DI 87