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(b) A person who owns or has control over a
tobacco or electronic cigarette vending machine
in a public place and who:
(1) fails to post a notice required by sub-
section (a) on the vending machine; or
(2) fails to replace a notice within one (1)
month after it is removed or defaced;
commits a Class C infraction.
(c) An establishment selling tobacco or elec-
tronic cigarettes at retail shall post and maintain
in a conspicuous place, at the point of sale, the fol-
lowing:
(1) Signs printed in letters at least one-
half (1/2) inch high, reading as follows:
(A) “The sale of tobacco or electronic
cigarettes to persons under 18 years
of age is forbidden by Indiana law.”.
(B) “Smoking by Pregnant Women
May Result in Fetal Injury, Premature
Birth, and Low Birth Weight.”.
(2) A sign printed in letters and numbers
at least one-half (1/2) inch high that dis-
plays a toll free phone number for assis-
tance to callers in quitting smoking, as
determined by the state department of
health.
(d) A person who:
(1) owns or has control over an establish-
ment selling tobacco or electronic ciga-
rettes at retail; and
(2) fails to post and maintain the sign
required by subsection (c);
commits a Class C infraction.
35-46-1-11.2. Operating tobacco business
within 200 feet of school.
(a) This section does not apply to a tobacco
business:
(1) operating as a tobacco business before
April 1, 1996; or
(2) that begins operating as a tobacco busi-
ness after April 1, 1996, if at the time the
tobacco business begins operation the
tobacco business is not located in an area
prohibited under this section.
(b) A person may not operate a tobacco busi-
ness within two hundred (200) feet of a public or
private elementary of secondary school, as meas-
ured between the nearest point of the premises
occupied by the tobacco business and the nearest
point of a building used by the school for instruc-
tional purposes.
(c) Aperson who violates this section commits
a Class C misdemeanor.
35-46-1-11.5. Sale of tobacco by coin
machine.
(a) Except for a coin machine that is placed in
or directly adjacent to an entryway or an exit, or
placed in a hallway, a restroom, or another com-
mon area that is accessible to persons who are less
than eighteen (18) years of age, this section does
not apply to a coin machine that is located in the
following:
(1) That part of a licensed premises (as
defined in IC 7.1-1-3-20) where entry is
limited to persons who are at least eight-
een (18) years of age.
(2) Private industrial or office locations
that are customarily accessible only to per-
sons who are at least eighteen (18) years
of age.
(3) Private clubs if the membership is lim-
ited to persons who are at least eighteen
(18) years of age.
(4) Riverboats where entry is limited to
persons at least twenty-one (21) years of
age and on which lawful gambling is
authorized.
(b) As used in this section, “coin machine” has
the meaning set forth in IC 35-43-5-1.
(c) Except as provided in subsection (a), an
owner of a retail establishment may not:
(1) distribute or sell tobacco or electronic
cigarettes by use of a coin machine; or
(2) install or maintain a coin machine that
is intended to be used for the sale or dis-
tribution of tobacco or electronic ciga-
rettes.
(d) An owner of a retail establishment who
violates this section commits a Class C infraction.
A citation or summons issued under this section
must provide notice that the coin machine must be
moved within two (2) business days.
Notwithstanding IC 34-28-5-4(c), a civil judg-
ment for an infraction committed under this sec-
tion must be imposed as follows:
(1) If the owner of the retail establishment
