(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 he 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 han 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.As added by P.L.107-2024, SEC.2.
Indiana Legal Code