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has not been issued a citation or summons
for a violation of this section in the previ-
ous ninety (90) days, a civil penalty of
fifty dollars ($50).
(2) If the owner of the retail establishment
has had one (1) citation or summons issued
for a violation of this section in the previ-
ous ninety (90) days, a civil penalty of
two hundred fifty dollars ($250).
(3) If the owner of the retail establishment
has had two (2) citations or summonses
issued for a violation of this section in the
previous ninety (90) days for the same
machine, the coin machine shall be
removed or impounded by a law enforce-
ment officer having jurisdiction where the
violation occurs.
An owner of a retail establishment may not be
issued a citation or summons for a violation of this
section more than once every two (2) business days
for each business location.
(e) Notwithstanding IC 34-28-5-5(c), civil
penalties collected under this section must be
deposited in the Richard D. Doyle youth tobacco
education and enforcement fund established under
IC 7.1-6-2-6.
35-46-1-11.7. Minors entering tobacco retail
establishments.
(a) A retail establishment that has as its pri-
mary purpose the sale of tobacco products may not
allow an individual who is less than eighteen (18)
years of age to enter the retail establishment.
(b) An individual who is less than eighteen
(18) years of age may not enter a retail establish-
ment described in subsection (a).
(c) A retail establishment described in sub-
section (a) must conspicuously post on all
entrances to the retail establishment the following:
(1) A sign in boldface type that states
“NOTICE: It is unlawful for a person less
than 18 years old to enter this store.”
(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) Aperson who violates this section commits
a Class C infraction. Notwithstanding IC 34-28-
5-4(c), a civil judgment for an infraction com-
mitted under this section must be imposed as
follows:
(1) If the person has not been cited for a
violation of this section in the previous
one hundred eighty (180) days, a civil
penalty of up to two hundred dollars
($200).
(2) If the person has had one (1) violation
in the previous one hundred eighty (180)
days, a civil penalty of up to four hundred
dollars ($400).
(3) If the person has had two (2) viola-
tions in the previous one hundred eighty
(180) days, a civil penalty of up to seven
hundred dollars ($700).
(4) If the person has had three (3) or more
violations in the previous one hundred
eighty (180) days, a civil penalty of up to
one thousand dollars ($1,000).
A person may not be cited more than once every
twenty-four (24) hours.
(e) Notwithstanding IC 34-28-5-5(c), civil
penalties collected under this section must be
deposited in the Richard D. Doyle youth tobacco
education and enforcement fund established under
IC 7.1-6-2-6.
(f) A person who violates subsection (a) at
least six (6) times in any one hundred eighty (180)
day period commits habitual illegal entrance by a
minor, a Class B infraction.
35-46-1-11.8. Self-service cigarette displays.
(a) As used in this section, “self-service dis-
play” means a display that contains tobacco or
electronic cigarettes in an area where a customer:
(1) is permitted; and
(2) has access to the tobacco or electronic
cigarettes without assistance from a sales
person.
(b) This section does not apply to a self-ser-
vice display located in a retail establishment that:
(1) has a primary purpose to sell tobacco
or electronic cigarettes; and
(2) prohibits entry by persons who are less
than eighteen (18) years of age.
(c) The owner of a retail establishment that
sells or distributes tobacco or electronic ciga-
