Title 7.1, ALCOHOL AND TOBACCO

Sec. 7. (a) As used in this section, "gaming facility" refers to one (1) or more of the following: (1) A riverboat (as defined in IC 4-33-2-17). (2) A slot machine facility licensed under IC 4-35. (3) Any hotel, golf course, or other facility that is: (A) owned by a person holdin…

Sec. 1. (a) Except as provided in subsection (c), the commission may issue a horse track permit to a person who has been issued a recognized meeting permit under IC 4-31-5 to sell alcoholic beverages for on-premises consumption only. The permit may be a single permit even though …

Sec. 2. The commission shall issue a horse track permit or a satellite facility permit without regard to the quota provisions of IC 7.1-3-22. As added by P.L.15-1994, SEC.5.

Sec. 3. A horse track permit or a satellite facility permit is not subject to the fee limitations otherwise set forth in IC 7.1. As added by P.L.15-1994, SEC.5.

Sec. 4. A horse track permit or a satellite facility permit is not subject to the provisions of IC 7.1-3-21-1. As added by P.L.15-1994, SEC.5.

Sec. 5. The commission may adopt rules under IC 4-22-2 concerning the following for a horse track permit or a satellite facility permit: (1) Issuance. (2) Scope. (3) Permit fee. (4) Expiration. (5) Revocation and suspension. As added by P.L.15-1994, SEC.5. Amended by P.L.106-1995…

Sec. 1. The department of natural resources may apply for a three-way permit for one (1) or more state parks. A three-way permit for a state park may be a single permit, even though more than one (1) area within the state park constitutes the licensed premises of the permit. As a…

Sec. 2. A permit issued under this chapter is not subject to: (1) IC 7.1-3-21-1; and (2) 905 IAC 1-27-4. As added by P.L.214-2016, SEC.10.

Sec. 3. Separate areas within a state park are not subject to IC 7.1-5-5-7. As added by P.L.214-2016, SEC.10.

Sec. 4. Upon application, the commission shall issue a permit to the department of natural resources for a state park without: (1) publication of notice or investigation before a local board; and (2) regard to the quota provisions of IC 7.1-3-22. As added by P.L.214-2016, SEC.10.…

Sec. 5. Except as provided in sections 2 and 3 of this chapter, an entity that operates on state park property under a permit issued by the commission to: (1) the department of natural resources under this chapter; or (2) the entity under this article; shall operate within the pa…

Sec. 0.5. For purposes of this chapter, "wholesale" means the business of selling, bartering, exchanging, or distributing tobacco products or electronic cigarettes to certificate holders in Indiana for the purpose of resale. As added by P.L.153-2026, SEC.28.

Sec. 1. (a) A person may not sell or otherwise distribute in exchange for consideration a tobacco product or electronic cigarette at retail or wholesale without a valid tobacco sales certificate issued by the commission. (b) A certificate may be issued only to a person who owns o…

Sec. 1.5. (a) A person may not sell tobacco products or electronic cigarettes at wholesale or participate in the wholesale distribution of tobacco products or electronic cigarettes without a valid wholesale tobacco sales certificate issued by the commission. (b) The commission ma…

Sec. 10. (a) If a certificate holder fails to attend or participate in a hearing without good cause, the hearing judge may recommend to the commission that the commission suspend or revoke the certificate holder's certificate or impose a fine on the certificate holder of up to on…

Sec. 11. (a) If a certificate holder sells or distributes tobacco products or electronic cigarettes at a location: (1) determined to be a public nuisance; or (2) at which conduct or acts that are crimes or infractions under IC 35 occur; the commission may impose sanctions against…

Sec. 2. (a) A person who desires a certificate must provide the following to the commission: (1) The applicant's name and mailing address and the address of the premises for which the certificate is being issued. (2) Except as provided in section 6(c) of this chapter, a fee of: (…

Sec. 2.4. (a) Subject to available resources, the commission shall not issue a tobacco sales certificate, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons: (1) A person who does not have lawful st…

Sec. 2.6. An application for a tobacco sales certificate must contain the express statement of the applicant that the applicant consents for the duration of the certificate term (if the commission issues the certificate to the applicant) to the entrance, inspection, and search by…

Sec. 3. (a) A certificate issued by the commission under this chapter must contain the following information: (1) The certificate number. (2) The certificate holder's name. (3) The permanent location of the business or vending machine for which the certificate is issued. (4) The …

Sec. 3.2. If the majority of the ownership of a business that is a certificate holder is sold or transferred: (1) the new ownership of the business must apply for a new certificate under section 2 of this chapter; and (2) the certificate and the permit number held by the previous…

Sec. 4. The commission may adopt rules under IC 4-22-2 to establish procedures for the issuance, renewal, and reinstatement of a certificate. As added by P.L.250-2003, SEC.11.

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…

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-…

Sec. 7. (a) A person who is required to have a certificate under this chapter and who sells or distributes tobacco products or electronic cigarettes without a valid certificate commits a Class A infraction. Each violation of this section constitutes a separate offense. (b) Notwit…

Sec. 8. The commission may mitigate civil penalties imposed against a 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, IC 35-46-1-11.8, or any of the provisions of this chapter if a…

Sec. 9. A certificate holder shall exercise due diligence in the supervision and training of the certificate holder's employees or agents in the handling and sale of tobacco products and electronic cigarettes on the holder's retail premises. Proof that employees or agents of the …

Sec. 9.2. (a) An employee of a certificate holder must hold a valid: (1) driver's license issued by the state of Indiana or another state; or (2) identification card issued by the state of Indiana, another state, or the United States; to sell tobacco products. (b) An employee mus…

Sec. 1. As used in this chapter, "holder" means a person who holds a supplemental cigar sales certificate under this chapter. As added by P.L.123-2025, SEC.1.

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 f…

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. As added by P.L.123-2025, SEC.1…

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 enforcement and administration fund under IC 7.1-4-10. As added by P.L.123-2025, SEC.1.

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 …

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 d…

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 ha…

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,…

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 certificate. …

Sec. 1. A primary source of supply's amendment of, cancellation of, termination of, or refusal to renew a distribution agreement with a beer wholesaler is not effective unless the requirements of this chapter are satisfied. As added by P.L.139-2021, SEC.2.

Sec. 2. (a) As used in this section, "good cause" means any of the following: (1) A beer wholesaler's failure to pay a primary source of supply for products in accordance with the approved terms of the distribution agreement. (2) A failure by a beer wholesaler to substantially co…

Sec. 3. (a) For purposes of this section, "good cause" means any of the following: (1) A revocation or suspension of a beer wholesaler's: (A) federal basic permit; or (B) permit issued under this title; for more than fourteen (14) days. (2) The assignment or attempted assignment …

Sec. 4. (a) This section applies to a primary source of supply that intends to amend, cancel, terminate, or refuse to renew distribution agreements with all beer wholesalers who: (1) have entered into the same distribution agreement with the primary source of supply; and (2) are …

Sec. 5. A written notice under this chapter must comply with the following: (1) The notice must be sent by certified mail. (2) The notice must state the following: (A) The effective date of the amendment of, cancellation of, termination of, or refusal to renew the distribution ag…

Sec. 6. (a) A primary source of supply or a beer wholesaler may not waive any provision of this chapter in a distribution agreement or other agreement. (b) If a beer wholesaler enters into a distribution agreement, supplemental agreement, amendment, or any other agreement with a …