*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 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 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