{"data":{"id":"us-in/ic-7.1-3-18.5-2.4","jurisdiction":"us-in","citation":"IC 7.1-3-18.5-2.4","heading":"Persons prohibited from issuance of certificate","body":"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:\n(1) A person who does not have lawful status (as defined in IC 9-13-2-92.3).\n(2) A person who has been convicted within five (5) years before the date of application of:\n(A) a federal crime having a sentence of at least one (1) year;\n(B) a Level 1, Level 2, Level 3, Level 4, or Level 5 felony; or\n(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.\nHowever, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.\n(3) A person who does not meet at least one (1) of the following descriptions:\n(A) The person owns the premises to which the certificate will be applicable.\n(B) The person has a valid lease on the premises:\n(i) at the time of the application for a certificate; and\n(ii) for the duration of the period in which the person sells or distributes in the manner described in section 1 of this chapter.\n(C) The person has a franchise agreement with a franchisor:\n(i) that owns the premises to which the certificate will be applicable; or\n(ii) that has a bona fide lease on the premises for the full period for which the certificate is to be issued.\n(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.\n(5) A minor.\n(6) A person non compos mentis.\n(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.\n(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.\n(b) Subsection (a)(5) does not prevent a minor from being a stockholder in a corporation.","path":["TITLE 7.1. ALCOHOL AND TOBACCO","ARTICLE 3. PERMITS","Chapter 18.5. Tobacco Sales Certificate"],"source_url":"https://iga.in.gov/ic/2026/Title_7.1.html#7.1-3-18.5-2.4","current_through":"2026","vintage":"2026","retrieved_at":"2026-09-12T01:57:19Z","sha256":"a6fad218413065bb916149268cf6269a6b3e36d2a2858a379d88e5fd8668ad35","source_id":"us-in","stale":false,"prev":"us-in/ic-7.1-3-18.5-2","next":"us-in/ic-7.1-3-18.5-2.6"},"notice":"GroundRules: Original legal text. Not legal advice."}