Sec. 5. (a) Subject to subsection (b), the commission may suspend the certificate of a person who fails to pay a civil penalty imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8. (b) Before enforcing the imposition of a civil penalty or suspending or revoking a certificate under this chapter, the commission shall provide written notice of the alleged violation to the certificate holder and conduct a hearing. The commission shall provide written notice of the civil penalty or suspension or revocation of a certificate to the certificate holder. (c) Subject to subsection (b), the commission shall revoke the certificate of a person upon a finding by a preponderance of the evidence that the person: (1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or IC 35-46-1-11.8; (2) has committed habitual illegal sale of tobacco as established under IC 35-46-1-10.2(j); or (3) has committed habitual illegal entrance by a minor as established under IC 35-46-1-11.7(f). As added by P.L.250-2003, SEC.11. Amended by P.L.227-2007, SEC.61; P.L.94-2008, SEC.39; P.L.214-2016, SEC.11; P.L.49-2020, SEC.4.
IC 7.1-3-18.5-6 Reinstatement or renewal; failure to pay civil penalty; Class B infraction; fee Sec. 6. (a) If a certificate has: (1) expired; or (2) been suspended; the commission may not reinstate or renew the certificate until all civil penalties imposed against the certificate holder for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8 have been paid. (b) The failure to pay a civil penalty described in subsection (a) is a Class B infraction. (c) If a certificate has been revoked, the commission may not reinstate or renew the certificate for at least one hundred eighty (180) days after the date of revocation. The commission may reinstate or renew the certificate only upon a reasonable showing by the applicant that the applicant shall: (1) exercise due diligence in the sale of tobacco products or electronic cigarettes on the applicant's premises where the tobacco products or electronic cigarettes are sold or distributed; and (2) properly supervise and train the applicant's employees or agents in the handling and sale of tobacco products or electronic cigarettes. If a certificate is reinstated or renewed, the applicant of the certificate shall pay an application fee of one thousand dollars ($1,000). (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6. As added by P.L.250-2003, SEC.11. Amended by P.L.94-2008, SEC.40; P.L.231-2015, SEC.3; P.L.214-2016, SEC.12; P.L.49-2020, SEC.5.