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Sec. 11.8. (a) As used in this section, “self-service display” 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-service display located in a retail establishment:
(1) in which tobacco products, electronic cigarettes, and e-liquids account for at least eighty-five percent (85%) of the retail establishment's gross sales; and
(2) that prohibits entry by persons who are less than twenty-one (21) years of age.
(c) The owner of a retail establishment that sells or distributes tobacco or electronic cigarettes through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
(d) 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 (IC 7.1-6-2-6).
Cite this article: FindLaw.com - Indiana Code Title 35. Criminal Law and Procedure § 35-46-1-11.8 - last updated June 08, 2021 | https://codes.findlaw.com/in/title-35-criminal-law-and-procedure/in-code-sect-35-46-1-11-8/
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