Ind. Code § 24-3-5-4
Requirements
Redline — January 1, 2018 → current.View current text →
Current — January 1, 2023
As of January 1, 2018
Sec. 4. Subject to section 4.5 of this chapter, a merchant may not mail or ship cigarettes as part of a delivery sale unless, before mailing or shipping the cigarettes, the merchant:
Sec. 4. Subject to section 4.5 of this chapter, a merchant may not mail or ship cigarettes as part of a delivery sale unless, before mailing or shipping the cigarettes, the merchant:
(1) obtains from the prospective customer a written statement signed by the prospective customer under penalty of perjury: (A) providing the prospective customer's address and date of birth; (B) advising the prospective customer that: (i) signing another person's name to the statement required under this subdivision may subject the person to a civil monetary penalty of not more than one thousand dollars ($1,000); and (ii) purchasing cigarettes by a person less than eighteen (18) years of age is a Class C infraction under IC 35-46-1-10.5; (C) confirming that the cigarette order was placed by the prospective customer; (D) providing a warning under 15 U.S.C. 1333(a)(1); and (E) stating the sale of cigarettes by delivery sale is a taxable event for purposes of IC 6-7-1;
(1) obtains from the prospective customer a written statement signed by the prospective customer under penalty of perjury: (A) providing the prospective customer's address and date of birth; (B) advising the prospective customer that: (i) signing another person's name to the statement required under this subdivision may subject the person to a civil monetary penalty of not more than one thousand dollars ($1,000); and (ii) purchasing cigarettes by a person less than twenty-one (21) years of age is a Class C infraction under IC 35-46-1-10.5; (C) confirming that the cigarette order was placed by the prospective customer; (D) providing a warning under 15 U.S.C. 1333(a)(1); and (E) stating the sale of cigarettes by delivery sale is a taxable event for purposes of IC 6-7-1;
(2) makes a good faith effort to verify the information in the written statement obtained under subdivision (1) by using a federal or commercially available data base; and
(2) makes a good faith effort to verify the information in the written statement obtained under subdivision (1) by using a federal or commercially available data base; and
(3) receives payment for the delivery sale by a credit or debit card issued in the name of the prospective purchaser.
(3) receives payment for the delivery sale by a credit or debit card issued in the name of the prospective purchaser.
Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.