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licensed premises, in addition to any other penalty,
a civil judgment may be imposed against the per-
mit holder as follows:
(1) If the licensed premises at that spe-
cific business location has not been issued
a citation or summons for a violation of IC
7.1-5-7-8 in the previous one hundred
eighty (180) days, a civil penalty of up to
two hundred dollars ($200).
(2) If the licensed premises at that spe-
cific business location has had one (1)
citation or summons for a violation of IC
7.1-5-7-8 in the previous one hundred
eighty (180) days, a civil penalty of up to
four hundred dollars ($400).
(3) If the licensed premises at that spe-
cific business location has had two (2)
citations or summonses for a violation of
IC 7.1-5-7-8 in the previous one hundred
eighty (180) days, a civil penalty of up to
seven hundred dollars ($700).
(4) If the licensed premises at that spe-
cific business location has had three (3) or
more citations or summonses for a viola-
tion of IC 7.1-5-7-8 in the previous one
hundred eighty (180) days, a civil penalty
of up to one thousand dollars ($1,000).
(b) The defenses set forth in IC 7.1-5-7-1 are
available to a permit holder in an action under this
section.
(c) Unless a person less than twenty-one (21)
years of age buys or receives an alcoholic bever-
age under the direction of a law enforcement offi-
cer as part of an enforcement action, a permit
holder that sells alcoholic beverages is not liable
under this section unless the person less than
twenty-one (21) years of age who bought or
received the alcoholic beverage is charged for
violating IC 7.1-5-7-7.
(d) All civil penalties collected under this sec-
tion shall be deposited in the alcohol and tobacco
commission’s enforcement and administration
fund under IC 7.1-4-10.
35-46-1-10.2. Tobacco sales to minors by
retail establishments.
(a) A retail establishment that sells or distrib-
utes tobacco or an electronic cigarette to a person
less than eighteen (18) years of age commits a
Class C infraction. For a sale to take place under
this section, the buyer must pay the retail estab-
lishment for the tobacco product or electronic
cigarette. Notwithstanding IC 35-28-5-4(c), a
civil judgment for an infraction committed under
this section must be imposed as follows:
(1) If the retail establishment at that spe-
cific business location has not been issued
a citation or summons for a violation of this
section in the previous one hundred eighty
(180) days, a civil penalty of up to two hun-
dred dollars ($200).
(2) If the retail establishment at that spe-
cific business location has had one (1)
citation or summons issued for a viola-
tion of this section in the previous one
hundred eighty (180) days, a civil penalty
of up to four hundred dollars ($400).
(3) If the retail establishment at that spe-
cific business location has had two (2)
citations or summonses issued for a vio-
lation of this section in the previous one
hundred eighty (180) days, a civil penalty
of up to seven hundred dollars ($700).
(4) If the retail establishment at that spe-
cific business location has had three (3) or
more citations or summonses issued for a
violation of this section in the previous
one hundred eighty (180) days, a civil
penalty of up to one thousand dollars
($1,000).
A retail establishment may not be issued a citation
or summons for a violation of this section more
than once every twenty-four (24) hours for each
specific business location.
(b) It is not a defense that the person to whom
the tobacco or electronic cigarette was sold or
distributed did not smoke, chew, inhale, or oth-
erwise consume the tobacco or electronic cigarette.
(c) The following defenses are available to a
retail establishment accused of selling or distrib-
uting tobacco or an electronic cigarette to a per-
son who is less than eighteen (18) years of age:
(1) The buyer or recipient produced a dri-
ver’s license bearing the purchaser’s or
recipient’s photograph, showing that the
purchaser or recipient was of legal age to
