Indiana statute
Ind. Code § 35-46-1-11.5 — Coin machines selling tobacco products
Current through 2026 Regular Session
Part of Chapter 1: Offenses Against the Family, Indiana Code.
Criminal charges under this statute
Full text of Ind. Code § 35-46-1-11.5
Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.
Sec. 11.5. (a) Except for a coin machine that is placed in or directly adjacent to an entranceway or an exit, or placed in a hallway, a restroom, or another common area that is accessible to persons who are less than twenty-one (21) 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 twenty-one (21) years of age. (2) Private industrial or office locations that are customarily accessible only to persons who are at least twenty-one (21) years of age. (3) Private clubs if the membership is limited to persons who are at least twenty-one (21) years of age. (4) Riverboats where entry is limited to persons who are 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 products by use of a coin machine; or (2) install or maintain a coin machine that is intended to be used for the sale or distribution of tobacco products. (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 judgment for an infraction committed under this section must be imposed as follows: (1) If the owner of the retail establishment has not been issued a citation or summons for a violation of this section in the previous 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 previous 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 enforcement 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 tobacco education and enforcement fund established under IC 7.1-6-2-6 .
Official sources
Legal terms used in this section
Questions this section answers
Is coin machines selling tobacco products a felony or a misdemeanor in Indiana?
Coin machines selling tobacco products is a Class C Infraction in Indiana under Ind. Code § 35-46-1-11.5.
Which Indiana statute covers coin machines selling tobacco products?
Coin machines selling tobacco products is governed by Ind. Code § 35-46-1-11.5 (Coin machines selling tobacco products).
This reference is informational and is not legal advice.