Sec. 11.7. (a) A retail establishment in which tobacco products account for at least eighty-five percent (85%) of the retail establishment's gross sales may not allow an individual who is less than twenty-one (21) years of age to enter the retail establishment. (b) An individual who is less than twenty-one (21) years of age may not enter a retail establishment described in subsection (a). (c) A retail establishment described in subsection (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 21 years old to enter this store.". (2) A sign printed in letters and numbers at least one-half (1/2) inch high that displays a toll free phone number for assistance to callers in quitting smoking, as determined by the Indiana department of health. (d) A person who violates this section commits a Class C infraction. 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 person has not been cited for a violation of this section in the previous one (1) year, a civil penalty of up to four hundred dollars ($400). (2) If the person has had one (1) violation in the previous one (1) year, a civil penalty of up to eight hundred dollars ($800). (3) If the person has had two (2) violations in the previous one (1) year, a civil penalty of up to one thousand four hundred dollars ($1,400). (4) If the person has had three (3) or more violations in the previous one (1) year, a civil penalty of up to two thousand dollars ($2,000). 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 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 (1) year period commits habitual illegal entrance by a minor, a Class B infraction.
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