LEGISLATIVE SERVICES AGENCY OFFICE OF FISCAL AND MANAGEMENT ANALYSIS FISCAL IMPACT STATEMENT LS 6460 NOTE PREPARED: Apr 7, 2025 BILL NUMBER: HB 1468 BILL AMENDED: Apr 7, 2025 SUBJECT: Alcoholic Beverages and Tobacco. FIRST AUTHOR: Rep. Miller K BILL STATUS: 2 nd Reading - 2 nd House FIRST SPONSOR: Sen. Busch FUNDS AFFECTED: GENERAL IMPACT: State & Local XDEDICATED FEDERAL Summary of Legislation: (Amended) This bill 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. It provides the fee for a cigar certificate is $1,000 and has a term of three years. It requires the holder to give written notice to the Alcohol and Tobacco Commission (ATC) of the date and location of the function or event where the holder proposes to sell cigars. It also provides that the ATC'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. The bill also allows a restaurant proprietor who holds an alcoholic beverage retailer's permit to establish a segregated room where cigar consumption may occur, if the proprietor has the permission of the local government entity that enforces local smoking ordinances. Effective Date: (Amended) Upon passage; July 1, 2025. Explanation of State Expenditures: The bill would increase expenditures and workload for the ATC to create, administer, and enforce a supplemental cigar sales certificate. Any increase in expenditures would be offset by the increase in revenue to the Enforcement and Administration Fund from the supplemental cigar sales certificate fee. Explanation of State Revenues: (Revised) The bill creates a supplemental cigar sales certificate for a $1,000 fee, obtainable by holders of a tobacco sales certificate. The bill’s provision would increase revenue to the Enforcement and Administration Fund. While the increase in revenue is indeterminable, the impact could be significant and would depend on the number of tobacco sales certificate holders that apply to sell cigars at another location or temporary functions or events. Additional Information - Based on the number of existing tobacco sales certificates, the maximum amount of revenue in FY 2026 the supplemental cigar sales certificate could generate if all tobacco sales certificate holders applied is $8.3 M. As of November 2024, there are 8,298 active tobacco sales certificates, with 1,399 that have been renewed so far in 2024. HB 1468 1 The fee for a tobacco sales certificate is $200 and is paid every three years. Revenue is deposited into the Enforcement and Administration Fund. The last five years of revenue is shown in the table below. Tobacco Sales Certificate Revenue FY 2020 $464,355 FY 2021 $816,755 FY 2022 $470,383 FY 2023 $593,740 FY 2024 $730,345 Explanation of Local Expenditures: (Revised) The bill may increase workload for local governments that enforce local smoking ordinances to respond to requests for written permission for a restaurant permittee to establish a segregated room where cigar consumption may occur. The bill’s requirements are within the agency’s routine administrative functions and should be able to be implemented with no additional appropriations, assuming near customary agency staffing and resource levels. Explanation of Local Revenues: State Agencies Affected: Alcohol and Tobacco Commission. Local Agencies Affected: Local units. Information Sources: Chris Serak, Alcohol and Tobacco Commission. Peoplesoft Financial Data. Legislative Services Agency. Indiana Handbook of Taxes, Revenues, and Appropriations, FY 2024. Fiscal Analyst: Nate Bodnar, 317-234-9476. HB 1468 2