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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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2024 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1468
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 7.1-3-18.6 IS ADDED TO THE INDIANA CODE
AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2025]:
Chapter 18.6. Supplemental Cigar Sales Certificate
Sec. 1. As used in this chapter, "holder" means a person who
holds a supplemental cigar sales certificate under this chapter.
Sec. 2. The commission may issue a supplemental cigar sales
certificate only to a person who:
(1) is the holder of a tobacco sales certificate; and
(2) desires to sell cigars on a temporary basis:
(A) at a location other than the person's licensed premises;
and
(B) as part of a function or event.
Sec. 3. A supplemental cigar sales certificate is:
(1) valid for three (3) years after the date of issuance, unless
the commission suspends the supplemental cigar sales
certificate or the holder's tobacco sales certificate; and
(2) nontransferable.
Sec. 4. (a) The fee for a supplemental cigar sales certificate is
one thousand dollars ($1,000).
(b) The fees collected under this section shall be deposited in the
HEA 1468 — Concur 2
enforcement and administration fund under IC 7.1-4-10.
Sec. 5. (a) A holder shall provide to the commission, not later
than five (5) days before a function or event, written notice of the
date and location of the function or event at which the holder
desires to sell cigars.
(b) The commission may waive the five (5) day notice period if
authorized by the chairman or the chairman's designee, but may
not waive the written notice requirement.
(c) If a holder provides written notice as required under this
section, the commission may approve the proposed date and
location of the function or event.
Sec. 6. If the commission does not approve the proposed date or
location, the commission shall notify the holder by:
(1) electronic mail; or
(2) certified mail, including any service of the United States
Postal Service or any service of a designated private delivery
service (as defined by the United States Internal Revenue
Service) that:
(A) tracks the delivery of mail; and
(B) requires a signature upon delivery.
Sec. 7. The commission may, but is not required to, notify a
holder that the commission has approved the proposed date and
location of the function or event at which the holder may sell
cigars. A holder may sell cigars on the proposed date and location
for which written notice has been given as provided in section 5 of
this chapter, unless the holder receives notice of disapproval from
the commission under section 6 of this chapter.
Sec. 8. The commission's approval authorizes the holder to sell
cigars at that location and on that date and does not:
(1) authorize an officer, owner, operator, manager, or
proprietor of the location where the function or event is held,
or the organizer of the function or event, to allow smoking in
violation of:
(A) IC 7.1-5-12; or
(B) any smoking ordinance of the county, city, or town in
which the function or event is located; or
(2) prevent an authority under IC 7.1-5-12-6 from enforcing
IC 7.1-5-12 or any county, city, or town smoking ordinance.
Sec. 9. A supplemental cigar sales certificate, for purposes of
this title, shall be considered a separate and distinct type of
certificate. A supplemental cigar sales certificate does not affect the
rights, privileges, and restrictions applicable to a tobacco sales
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certificate.
SECTION 2. IC 7.1-3-20-8.7 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 8.7. (a) A restaurant
permittee that:
(1) is located in a local government jurisdiction in which
smoking in the manner described in this section is permitted;
or
(2) has obtained the written permission of the local
government entity responsible for enforcing local smoking
ordinances;
may establish on the premises a segregated room attached to an
outdoor patio in which cigar consumption may occur.
(b) The following apply to a segregated room under subsection
(a):
(1) The room may not be accessible to individuals less than
twenty-one (21) years of age.
(2) The room must be:
(A) separated from the rest of the facility by a closed door;
and
(B) connected to an outdoor patio area.
(3) The room may not be connected to the restaurant dining
room.
(4) All doors to the room must contain a sign stating that
individuals less than twenty-one (21) years of age are
prohibited from entering the room.
(5) The room must be well ventilated.
(6) Smoking in the room must be limited to cigar smoking.
(c) This section does not modify other statutes concerning the
sale of cigars and tobacco.
SECTION 3. An emergency is declared for this act.
HEA 1468 — Concur Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
HEA 1468 — Concur