IC 7.1-3-18.5-2 — Information required; fees; certification for each location; display of certificate; denial; requirements
Chapter 18.5. Tobacco Sales Certificate
Bills amending this section
Section text
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: (A) two hundred dollars ($200) for a retail tobacco sales certificate; or (B) one hundred dollars ($100) for a wholesale tobacco sales certificate. (3) The name under which the applicant transacts or intends to transact business. (4) The address of the applicant's principal place of business or headquarters, if any. (5) The statement required under section 2.6 of this chapter. (6) If the applicant is applying for a new certificate under section 3.2 of this chapter, a copy of each of the following: (A) If the new ownership of the business is a business entity, the articles of incorporation, articles of organization, or any other formation documents of the business entity. (B) If the new ownership of the business is an individual, either: (i) the sales or purchase agreement; or (ii) an affidavit signed by the applicant concerning the sale or purchase, on a form prescribed by the commission, that includes the name and address of the seller and purchaser. (C) The certificate held by the previous ownership of the business. (7) A photocopy of the owner's driver's license, identification card issued under IC 9-24-16-1, a similar card issued under the laws of another state or the federal government, or another government issued document that bears the owner's photograph and birth date. If the applicant is a business with multiple owners, the applicant must designate at least one (1) managing owner for whom a photocopy of the managing owner's identification must be provided under this subdivision. (b) A separate certificate is required for each location where the tobacco products or electronic cigarettes are sold or distributed. An establishment may not hold more than one (1) active tobacco sales certificate for a location at any time. Except when the real estate for a retail location is transferred to an independent third party, the commission shall not issue a certificate to a retail location where a tobacco sales certificate was revoked within one (1) year prior to the date of the application. (c) A certificate holder shall conspicuously display the holder's certificate on the holder's premises where the tobacco products or electronic cigarettes are sold or distributed. (d) Any intentional misstatement or suppression of a material fact in an application filed under this section constitutes grounds for denial or revocation of the certificate. (e) A certificate may be issued only to a person who meets the following requirements: (1) If the person is an individual, the person must be at least twenty-one (21) years of age. (2) The person must be authorized to do business in Indiana. (3) The person has not had an interest in a certificate revoked by the commission for that business location within the preceding one (1) year. (f) 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.250-2003, SEC.11. Amended by P.L.224-2005, SEC.10; P.L.94-2008, SEC.37; P.L.231-2015, SEC.2; P.L.49-2020, SEC.3; P.L.107-2024, SEC.1; P.L.148-2026, SEC.3; P.L.153-2026, SEC.29.
Source: official publisher (2026 edition)