Sec. 2.4. (a) Subject to available resources, the commission shall not issue a tobacco sales certificate, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons: (1) A person who does not have lawful status (as defined in IC 9-13-2-92.3 ). (2) A person who has been convicted within five (5) years before the date of application of: (A) a federal crime having a sentence of at least one (1) year; (B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony; or (C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Level 1, Level 2, Level 3, Level 4, or Level 5 felony. However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9 . (3) A person who does not meet at least one (1) of the following descriptions: (A) The person owns the premises to which the certificate will be applicable. (B) The person has a valid lease on the premises: (i) at the time of the application for a certificate; and (ii) for the duration of the period in which the person sells or distributes in the manner described in section 1 of this chapter. (C) The person has a franchise agreement with a franchisor: (i) that owns the premises to which the certificate will be applicable; or (ii) that has a bona fide lease on the premises for the full period for which the certificate is to be issued. (4) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required for the issuance of a tobacco sales certificate to the person. (5) A minor. (6) A person non compos mentis. (7) A person who has held a permit or certificate under this title and who has had that permit or certificate revoked within one (1) year prior to the date of application for a tobacco sales certificate. (8) A person who has made an application for a permit or certificate of any type under this title which has been denied less than one (1) year prior to the person's application for a tobacco sales certificate unless the first application was denied by reason of a procedural or technical defect. (b) Subsection (a)(5) does not prevent a minor from being a stockholder in a corporation.
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