Title 24, TRADE REGULATION

Sec. 5. All bids must be submitted in writing and shall be opened at the designated time in the presence of those exhibitors, or their agents, who are present for the bid opening. The opened bids are subject to examination by the exhibitors or their agents. As added by Acts 1980,…

Sec. 6. Within ten (10) business days of the bid opening, the distributor shall give notice of the name of the winning bidder or the fact that none of the bids were accepted to each exhibitor submitting a bid. As added by Acts 1980, P.L.161, SEC.1.

Sec. 7. In a successful civil action against a person for violating this chapter, the court shall award the plaintiff damages and reasonable attorney fees. The provisions of this chapter may be enforced by injunction or other equitable remedy. As added by Acts 1980, P.L.161, SEC.…

Sec. 0.1. As used in this chapter, "cigarette" has the meaning set forth in IC 6-7-1-2. As added by P.L.160-2005, SEC.1.

Sec. 0.2. As used in this chapter, "cigarette manufacturer" means a person or an entity that does the following: (1) Manufactures cigarettes. (2) Does one (1) of the following: (A) Participates in the Master Settlement Agreement (as defined in IC 24-3-3-6) and performs the person…

Sec. 0.3. As used in this chapter, "commission" refers to the alcohol and tobacco commission created by IC 7.1-2-1-1. As added by P.L.160-2005, SEC.3.

Sec. 1. As used in this chapter, "delivery sale" means a transaction for the purchase of tobacco products in which an offer to purchase tobacco products is made: (1) electronically using a computer network (as defined in IC 35-43-2-3); (2) by mail; or (3) by telephone; and accept…

Sec. 1.5. As used in this chapter, "distributor" includes the following: (1) A distributor as defined in IC 6-7-1-6. (2) A distributor as defined in IC 6-7-2-2. As added by P.L.160-2005, SEC.5.

Sec. 2. As used in this chapter, "merchant" means a person or an entity that engages in the selling of tobacco products by delivery sale. As added by P.L.253-2003, SEC.1.

Sec. 3. As used in this chapter, "tobacco product" has the meaning set forth in IC 7.1-6-1-3. However, the term does not include a cigar or pipe tobacco. As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.6.

Sec. 4. Subject to section 4.5 of this chapter, a merchant may not mail or ship cigarettes as part of a delivery sale unless, before mailing or shipping the cigarettes, the merchant: (1) obtains from the prospective customer a written statement signed by the prospective customer …

Sec. 4.5. (a) This section applies to a merchant that is not a cigarette manufacturer. (b) Except as provided in subsection (d), a merchant may not mail or ship cigarettes as part of a delivery sale to an Indiana resident or retailer (as defined in IC 24-3-2-2(d)) that is not a d…

Sec. 5. (a) A merchant who mails or ships cigarettes as part of a delivery sale shall: (1) use a mailing or shipping service that requires the customer or a person at least twenty-one (21) years of age who is designated by the customer to: (A) sign to accept delivery of the cigar…

Sec. 6. (a) A merchant shall, before mailing or shipping cigarettes as part of a delivery sale, provide the department of state revenue with a written statement containing the merchant's name, address, principal place of business, and each place of business in Indiana. (b) A merc…

Sec. 7. (a) A merchant who delivers cigarettes to a customer as part of a delivery sale shall: (1) collect and pay all applicable taxes under IC 6-7-1; or (2) place a legible and conspicuous notice on the outside of the container in which the cigarettes are shipped. The notice sh…

Sec. 8. The commission may impose a civil penalty of not more one thousand dollars ($1,000) on a: (1) customer who signs another person's name to a statement required under section 4(1) of this chapter; or (2) merchant who sells cigarettes by delivery sale to a person less than t…

Sec. 1. (a) A person, a firm, a limited liability company, a corporation, or an association who supplies by rental or lease a circulating product that is the property of the supplier may adopt and use a name or other mark or device woven, impressed, or produced on the circulating…

Sec. 1.1. As used in this chapter, "circulating product" includes: (1) clean laundered towels; (2) industrial wiping towels; (3) sheets, pillowcases, napkins, tablecloths, and linen; (4) coats, aprons, shirts, and diapers; (5) garments serviced by linen and towel supply companies…

Sec. 1.2. As used in this chapter, "delivery container" means a permanent container used by: (1) a bakery, dairy, distributor, retailer, or food service establishment; or (2) an agent of a bakery, dairy, distributor, retailer, or food service establishment; to transport, store, o…

Sec. 1.3. As used in this chapter, "registrant" means a supplier of a circulating product or the owner of a delivery container who has filed under section 1 of this chapter a description of a name, mark, or device used to indicate the ownership of the circulating product or deliv…

Sec. 2. (a) This section does not apply to a registrant or person who has purchased from a registrant a circulating product or delivery container bearing a mark or device registered under this chapter. (b) It is unlawful for any person, firm, limited liability company, corporatio…

Sec. 3. Any: (1) person, firm, limited liability company, corporation, or association; or (2) agent of a person, a firm, a limited liability company, a corporation, or an association; who acquires by purchase or other lawful means a circulating product or delivery container marke…

Sec. 4. (a) Any person, firm, limited liability company, corporation, or association who finds or receives in any manner a circulating product or delivery container marked with a brand registered under this chapter shall make a reasonable effort to find the owner of the circulati…

Sec. 5. Acceptance of money by a registrant as a deposit to secure safekeeping and return of a circulating product or delivery container does not constitute a sale of the property, either optional or otherwise, in any proceeding under this chapter. Formerly: Acts 1971, P.L.365, S…

Sec. 6. (a) This section does not apply to a person who possesses a circulating product or delivery container in good faith in the ordinary course of business. (b) Evidence of possession of a circulating product or delivery container marked under section 1 of this chapter by a pe…

Sec. 7. A person who violates this chapter commits a Class B infraction. If a person suffers a pecuniary loss as a result of a violation of IC 24-4-5, the person may bring a civil action against the person who caused the loss for the following: (1) Actual damages. (2) The costs o…

Sec. 8. Nothing in this chapter affects the rights or enforcement of rights acquired under IC 24-2-1 or the rights or the enforcement of rights in trademarks acquired in good faith at any time at common law. Formerly: Acts 1971, P.L.365, SEC.1. As amended by P.L.114-1992, SEC.11.

Sec. 1. Where unsolicited merchandise is delivered to a person for whom it is intended such person has a right to refuse to accept delivery of this merchandise or he may deem it to be a gift and use it or dispose of it in any manner without any obligation to the sender. Formerly:…

Sec. 12. It shall be the duty of the division of weights and measures of the Indiana department of health to enforce all the provisions of this chapter, and it shall prescribe such rules as it may find necessary for carrying into effect the provisions of this chapter, and shall c…

Sec. 13. For carrying out the purpose of this chapter, the division of weights and measures of the Indiana department of health is authorized to cooperate with state, county, and municipal authorities, manufacturers, dealers, and shippers. Formerly: Acts 1923, c.44, s.13. As amen…

Sec. 15. Nothing in this chapter shall be construed to permit sales by standard hampers, baskets, or containers without regard to weight or numerical count when required by law to be sold by weight or numerical count. Formerly: Acts 1923, c.44, s.15. As amended by P.L.152-1986, S…

Sec. 1. A lessor may contract for and receive an initial nonrefundable processing fee not to exceed ten dollars ($10). As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.6.

Sec. 10. (a) If a lessee is liable to a lessor for the replacement cost of property leased under a rental purchase agreement, the lessor may not charge the lessee more than the fair market value for the property. (b) For purposes of subsection (a), fair market value shall be dete…

Sec. 11. (a) In addition to the other charges permitted by this chapter, for a period during which the lessor relieves the lessee of liability under a liability waiver, a lessor and a lessee may contract for a liability waiver fee in the following amounts: (1) In the case of a re…

Sec. 12. (a) A lessor may contract for and receive a fee for accepting rental payments by telephone in connection with a rental purchase agreement, if all of the following conditions are met: (1) The fee is assessed only upon request by the lessee for the underlying payment by te…

Sec. 2. A lessor may refuse to refund any part of a security deposit provided by a lessee only under the conditions authorized in the rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 3. (a) A lessor may contract for and receive a reasonable delivery charge if the lessor actually delivers the item to the lessee at a place other than the lessor's place of business. (b) The delivery charge may be assessed in lieu of and not in addition to any initial proces…

Sec. 4. (a) A lessor may contract for and receive a charge for picking up rental or other payments from the lessee if the lessor is required or requested to visit the lessee to pick up a payment at a place other than the lessor's place of business. (b) A charge assessed under thi…

Sec. 5. (a) The parties to a rental purchase agreement may contract for late charges or delinquency fees as follows: (1) For agreements with monthly renewal dates, a late charge not exceeding eight dollars ($8) may be assessed on any rental payment not made within five (5) days a…

Sec. 5.5. A lessor may contract for and charge a returned payment fee not to exceed twenty-five dollars ($25) for each return by a bank or other depository institution of a dishonored check, electronic funds transfer, negotiable order of withdrawal, or share draft issued by the l…

Sec. 6. A reinstatement fee imposed under IC 24-7-6-2 may not exceed five dollars ($5). As added by P.L.254-1987, SEC.1. Amended by P.L.138-1990, SEC.9.

Sec. 7. In addition to those charges allowable by this chapter, the lessor may require the lessee to pay any state sales and use taxes levied in connection with a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 8. In addition to those charges allowable by this chapter, a lessor may contract for and receive from the lessee an amount equal to all official fees required to be paid under a rental purchase agreement. As added by P.L.254-1987, SEC.1.

Sec. 1. (a) If the prize described in this article is not available, the person who is to receive the prize shall be given the option of choosing one (1) of the following: (1) A prize of equal or greater value. (2) The verifiable retail value of the prize in cash or by a valid ch…

Sec. 2. A sponsor shall honor a voucher, certificate, or other evidence of obligation if the person named as being responsible fails to honor the voucher, certificate, or other evidence of obligation. As added by P.L.233-1989, SEC.1.

Sec. 1. (a) A target, or a person aggrieved by a violation of: (1) this article; or (2) rules adopted under this article; may bring an action in a court with jurisdiction. (b) A person shall, not later than thirty (30) days after filing a complaint with a court in an action under…