Sec. 9. A certificate holder shall exercise due diligence in the supervision and training of the certificate holder's employees or agents in the handling and sale of tobacco products and electronic cigarettes on the holder's retail premises. Proof that employees or agents of the certificate holder, while in the scope of their employment, committed at least six (6) violations relating to IC 35-46-1-10.2(b) in any one (1) year period shall be prima facie evidence of a lack of due diligence by the certificate holder in the supervision and training of the certificate holder's employees or agents.
As added by P.L.94-2008, SEC.42. Amended by P.L.231-2015, SEC.6; P.L.49-2020, SEC.7.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 18.5. Tobacco Sales Certificate
7.1-3-18.5-1. Tobacco Sales Certificate Required
7.1-3-18.5-2.6. Statement of Consent
7.1-3-18.5-3. Contents of Certificate; Term of Certificate; Nontransferable
7.1-3-18.5-4. Adoption of Rules
7.1-3-18.5-5. Certificate Suspension; Revocation; Notice and Hearing
7.1-3-18.5-6. Reinstatement or Renewal; Failure to Pay Civil Penalty; Class B Infraction; Fee
7.1-3-18.5-7. Tobacco Product or Electronic Cigarette Sales Without Certificate; Penalty
7.1-3-18.5-8. Mitigate Civil Penalties