IN
Indiana House Bill HB1468

Indiana 2025 Regular Session

Indiana House Bill HB1468 Compare Versions

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1+*EH1468.3*
2+Reprinted
3+April 8, 2025
4+ENGROSSED
5+HOUSE BILL No. 1468
6+_____
7+DIGEST OF HB 1468 (Updated April 7, 2025 2:57 pm - DI 87)
8+Citations Affected: IC 7.1-3.
9+Synopsis: Alcoholic beverages and tobacco. Allows the holder of a
10+tobacco sales certificate (holder) to obtain a supplemental cigar sales
11+certificate (cigar certificate) that allows the holder to sell cigars on a
12+temporary basis at a function or event. Provides the fee for a cigar
13+certificate is $1,000 and has a term of three years. Requires the holder
14+to give written notice to the alcohol and tobacco commission
15+(commission) of the date and location of the function or event where
16+the holder proposes to sell cigars. Provides that the commission's
17+approval of the location does not authorize smoking in violation of: (1)
18+state laws prohibiting smoking in public places; or (2) any county, city,
19+or town smoking ordinance. Allows a restaurant proprietor who holds
20+an alcoholic beverage retailer's permit to establish a segregated room
21+where cigar consumption may occur, if the proprietor has the
22+permission of the local government entity that enforces local smoking
23+ordinances.
24+Effective: Upon passage; July 1, 2025.
25+Miller K, Judy, Manning, Pressel
26+(SENATE SPONSORS — BUSCH, RANDOLPH LONNIE M)
27+January 21, 2025, read first time and referred to Committee on Public Policy.
28+February 4, 2025, amended, reported — Do Pass.
29+February 6, 2025, read second time, ordered engrossed.
30+February 7, 2025, engrossed.
31+February 10, 2025, read third time, passed. Yeas 87, nays 2.
32+SENATE ACTION
33+February 20, 2025, read first time and referred to Committee on Public Policy.
34+March 20, 2025, amended, reported favorably — Do Pass; reassigned to Committee on Tax
35+and Fiscal Policy.
36+April 1, 2025, reported favorably — Do Pass.
37+April 7, 2025, read second time, amended, ordered engrossed.
38+EH 1468—LS 6460/DI 87 Reprinted
39+April 8, 2025
140 First Regular Session of the 124th General Assembly (2025)
241 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
342 Constitution) is being amended, the text of the existing provision will appear in this style type,
443 additions will appear in this style type, and deletions will appear in this style type.
544 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
645 provision adopted), the text of the new provision will appear in this style type. Also, the
746 word NEW will appear in that style type in the introductory clause of each SECTION that adds
847 a new provision to the Indiana Code or the Indiana Constitution.
948 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
1049 between statutes enacted by the 2024 Regular Session of the General Assembly.
11-HOUSE ENROLLED ACT No. 1468
12-AN ACT to amend the Indiana Code concerning alcohol and
13-tobacco.
50+ENGROSSED
51+HOUSE BILL No. 1468
52+A BILL FOR AN ACT to amend the Indiana Code concerning
53+alcohol and tobacco.
1454 Be it enacted by the General Assembly of the State of Indiana:
15-SECTION 1. IC 7.1-3-18.6 IS ADDED TO THE INDIANA CODE
16-AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
17-JULY 1, 2025]:
18-Chapter 18.6. Supplemental Cigar Sales Certificate
19-Sec. 1. As used in this chapter, "holder" means a person who
20-holds a supplemental cigar sales certificate under this chapter.
21-Sec. 2. The commission may issue a supplemental cigar sales
22-certificate only to a person who:
23-(1) is the holder of a tobacco sales certificate; and
24-(2) desires to sell cigars on a temporary basis:
25-(A) at a location other than the person's licensed premises;
26-and
27-(B) as part of a function or event.
28-Sec. 3. A supplemental cigar sales certificate is:
29-(1) valid for three (3) years after the date of issuance, unless
30-the commission suspends the supplemental cigar sales
31-certificate or the holder's tobacco sales certificate; and
32-(2) nontransferable.
33-Sec. 4. (a) The fee for a supplemental cigar sales certificate is
34-one thousand dollars ($1,000).
35-(b) The fees collected under this section shall be deposited in the
36-HEA 1468 — Concur 2
37-enforcement and administration fund under IC 7.1-4-10.
38-Sec. 5. (a) A holder shall provide to the commission, not later
39-than five (5) days before a function or event, written notice of the
40-date and location of the function or event at which the holder
41-desires to sell cigars.
42-(b) The commission may waive the five (5) day notice period if
43-authorized by the chairman or the chairman's designee, but may
44-not waive the written notice requirement.
45-(c) If a holder provides written notice as required under this
46-section, the commission may approve the proposed date and
47-location of the function or event.
48-Sec. 6. If the commission does not approve the proposed date or
49-location, the commission shall notify the holder by:
50-(1) electronic mail; or
51-(2) certified mail, including any service of the United States
52-Postal Service or any service of a designated private delivery
53-service (as defined by the United States Internal Revenue
54-Service) that:
55-(A) tracks the delivery of mail; and
56-(B) requires a signature upon delivery.
57-Sec. 7. The commission may, but is not required to, notify a
58-holder that the commission has approved the proposed date and
59-location of the function or event at which the holder may sell
60-cigars. A holder may sell cigars on the proposed date and location
61-for which written notice has been given as provided in section 5 of
62-this chapter, unless the holder receives notice of disapproval from
63-the commission under section 6 of this chapter.
64-Sec. 8. The commission's approval authorizes the holder to sell
65-cigars at that location and on that date and does not:
66-(1) authorize an officer, owner, operator, manager, or
67-proprietor of the location where the function or event is held,
68-or the organizer of the function or event, to allow smoking in
69-violation of:
70-(A) IC 7.1-5-12; or
71-(B) any smoking ordinance of the county, city, or town in
72-which the function or event is located; or
73-(2) prevent an authority under IC 7.1-5-12-6 from enforcing
74-IC 7.1-5-12 or any county, city, or town smoking ordinance.
75-Sec. 9. A supplemental cigar sales certificate, for purposes of
76-this title, shall be considered a separate and distinct type of
77-certificate. A supplemental cigar sales certificate does not affect the
78-rights, privileges, and restrictions applicable to a tobacco sales
79-HEA 1468 — Concur 3
80-certificate.
81-SECTION 2. IC 7.1-3-20-8.7 IS ADDED TO THE INDIANA
55+1 SECTION 1. IC 7.1-3-18.6 IS ADDED TO THE INDIANA CODE
56+2 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
57+3 JULY 1, 2025]:
58+4 Chapter 18.6. Supplemental Cigar Sales Certificate
59+5 Sec. 1. As used in this chapter, "holder" means a person who
60+6 holds a supplemental cigar sales certificate under this chapter.
61+7 Sec. 2. The commission may issue a supplemental cigar sales
62+8 certificate only to a person who:
63+9 (1) is the holder of a tobacco sales certificate; and
64+10 (2) desires to sell cigars on a temporary basis:
65+11 (A) at a location other than the person's licensed premises;
66+12 and
67+13 (B) as part of a function or event.
68+14 Sec. 3. A supplemental cigar sales certificate is:
69+15 (1) valid for three (3) years after the date of issuance, unless
70+16 the commission suspends the supplemental cigar sales
71+17 certificate or the holder's tobacco sales certificate; and
72+EH 1468—LS 6460/DI 87 2
73+1 (2) nontransferable.
74+2 Sec. 4. (a) The fee for a supplemental cigar sales certificate is
75+3 one thousand dollars ($1,000).
76+4 (b) The fees collected under this section shall be deposited in the
77+5 enforcement and administration fund under IC 7.1-4-10.
78+6 Sec. 5. (a) A holder shall provide to the commission, not later
79+7 than five (5) days before a function or event, written notice of the
80+8 date and location of the function or event at which the holder
81+9 desires to sell cigars.
82+10 (b) The commission may waive the five (5) day notice period if
83+11 authorized by the chairman or the chairman's designee, but may
84+12 not waive the written notice requirement.
85+13 (c) If a holder provides written notice as required under this
86+14 section, the commission may approve the proposed date and
87+15 location of the function or event.
88+16 Sec. 6. If the commission does not approve the proposed date or
89+17 location, the commission shall notify the holder by:
90+18 (1) electronic mail; or
91+19 (2) certified mail, including any service of the United States
92+20 Postal Service or any service of a designated private delivery
93+21 service (as defined by the United States Internal Revenue
94+22 Service) that:
95+23 (A) tracks the delivery of mail; and
96+24 (B) requires a signature upon delivery.
97+25 Sec. 7. The commission may, but is not required to, notify a
98+26 holder that the commission has approved the proposed date and
99+27 location of the function or event at which the holder may sell
100+28 cigars. A holder may sell cigars on the proposed date and location
101+29 for which written notice has been given as provided in section 5 of
102+30 this chapter, unless the holder receives notice of disapproval from
103+31 the commission under section 6 of this chapter.
104+32 Sec. 8. The commission's approval authorizes the holder to sell
105+33 cigars at that location and on that date and does not:
106+34 (1) authorize an officer, owner, operator, manager, or
107+35 proprietor of the location where the function or event is held,
108+36 or the organizer of the function or event, to allow smoking in
109+37 violation of:
110+38 (A) IC 7.1-5-12; or
111+39 (B) any smoking ordinance of the county, city, or town in
112+40 which the function or event is located; or
113+41 (2) prevent an authority under IC 7.1-5-12-6 from enforcing
114+42 IC 7.1-5-12 or any county, city, or town smoking ordinance.
115+EH 1468—LS 6460/DI 87 3
116+1 Sec. 9. A supplemental cigar sales certificate, for purposes of
117+2 this title, shall be considered a separate and distinct type of
118+3 certificate. A supplemental cigar sales certificate does not affect the
119+4 rights, privileges, and restrictions applicable to a tobacco sales
120+5 certificate.
121+6 SECTION 2. IC 7.1-3-20-8.7 IS ADDED TO THE INDIANA
122+7 CODE AS A NEW SECTION TO READ AS FOLLOWS
123+8 [EFFECTIVE UPON PASSAGE]: Sec. 8.7. (a) A restaurant
124+9 permittee that:
125+10 (1) is located in a local government jurisdiction in which
126+11 smoking in the manner described in this section is permitted;
127+12 or
128+13 (2) has obtained the written permission of the local
129+14 government entity responsible for enforcing local smoking
130+15 ordinances;
131+16 may establish on the premises a segregated room attached to an
132+17 outdoor patio in which cigar consumption may occur.
133+18 (b) The following apply to a segregated room under subsection
134+19 (a):
135+20 (1) The room may not be accessible to individuals less than
136+21 twenty-one (21) years of age.
137+22 (2) The room must be:
138+23 (A) separated from the rest of the facility by a closed door;
139+24 and
140+25 (B) connected to an outdoor patio area.
141+26 (3) The room may not be connected to the restaurant dining
142+27 room.
143+28 (4) All doors to the room must contain a sign stating that
144+29 individuals less than twenty-one (21) years of age are
145+30 prohibited from entering the room.
146+31 (5) The room must be well ventilated.
147+32 (6) Smoking in the room must be limited to cigar smoking.
148+33 (c) This section does not modify other statutes concerning the
149+34 sale of cigars and tobacco.
150+35 SECTION 3. An emergency is declared for this act.
151+EH 1468—LS 6460/DI 87 4
152+COMMITTEE REPORT
153+Mr. Speaker: Your Committee on Public Policy, to which was
154+referred House Bill 1468, has had the same under consideration and
155+begs leave to report the same back to the House with the
156+recommendation that said bill be amended as follows:
157+Page 2, line 3, delete "one" and insert "three".
158+Page 2, line 3, delete "($100)." and insert "($300).".
159+and when so amended that said bill do pass.
160+(Reference is to HB 1468 as introduced.)
161+MANNING
162+Committee Vote: yeas 12, nays 0.
163+_____
164+COMMITTEE REPORT
165+Mr. President: The Senate Committee on Public Policy, to which
166+was referred House Bill No. 1468, has had the same under
167+consideration and begs leave to report the same back to the Senate with
168+the recommendation that said bill be AMENDED as follows:
169+Page 2, line 3, delete "three hundred dollars ($300)." and insert "one
170+thousand five hundred dollars ($1,500).".
171+and when so amended that said bill do pass and be reassigned to the
172+Senate Committee on Tax and Fiscal Policy.
173+(Reference is to HB 1468 as printed February 4, 2025.)
174+ALTING, Chairperson
175+Committee Vote: Yeas 7, Nays 0.
176+_____
177+COMMITTEE REPORT
178+Mr. President: The Senate Committee on Tax and Fiscal Policy, to
179+which was referred Engrossed House Bill No. 1468, has had the same
180+under consideration and begs leave to report the same back to the
181+Senate with the recommendation that said bill DO PASS.
182+EH 1468—LS 6460/DI 87 5
183+ (Reference is to EHB 1468 as printed March 21, 2025.)
184+
185+HOLDMAN, Chairperson
186+Committee Vote: Yeas 12, Nays 0
187+_____
188+SENATE MOTION
189+Mr. President: I move that Engrossed House Bill 1468 be amended
190+to read as follows:
191+Page 2, line 3, delete "five hundred dollars ($1,500)." and insert
192+"dollars ($1,000).".
193+Page 3, after line 5, begin a new paragraph and insert:
194+"SECTION 2. IC 7.1-3-20-8.7 IS ADDED TO THE INDIANA
82195 CODE AS A NEW SECTION TO READ AS FOLLOWS
83196 [EFFECTIVE UPON PASSAGE]: Sec. 8.7. (a) A restaurant
84197 permittee that:
85198 (1) is located in a local government jurisdiction in which
86199 smoking in the manner described in this section is permitted;
87200 or
88201 (2) has obtained the written permission of the local
89202 government entity responsible for enforcing local smoking
90203 ordinances;
91204 may establish on the premises a segregated room attached to an
92205 outdoor patio in which cigar consumption may occur.
93206 (b) The following apply to a segregated room under subsection
94207 (a):
95208 (1) The room may not be accessible to individuals less than
96209 twenty-one (21) years of age.
97210 (2) The room must be:
98211 (A) separated from the rest of the facility by a closed door;
99212 and
100213 (B) connected to an outdoor patio area.
101214 (3) The room may not be connected to the restaurant dining
102215 room.
103216 (4) All doors to the room must contain a sign stating that
104217 individuals less than twenty-one (21) years of age are
105218 prohibited from entering the room.
106219 (5) The room must be well ventilated.
107220 (6) Smoking in the room must be limited to cigar smoking.
108221 (c) This section does not modify other statutes concerning the
222+EH 1468—LS 6460/DI 87 6
109223 sale of cigars and tobacco.
110-SECTION 3. An emergency is declared for this act.
111-HEA 1468 — Concur Speaker of the House of Representatives
112-President of the Senate
113-President Pro Tempore
114-Governor of the State of Indiana
115-Date: Time:
116-HEA 1468 — Concur
224+SECTION 3. An emergency is declared for this act.".
225+Renumber all SECTIONS consecutively.
226+(Reference is to EHB 1468 as printed April 2, 2025.)
227+WALKER K
228+EH 1468—LS 6460/DI 87