Sec. 11.8. (a) As used in this section, "self-service display" means a display that contains tobacco products in an area where a customer:
(1) is permitted; and
(2) has access to the tobacco products without assistance from a sales person.
(b) This section does not apply to a self-service display located in a retail establishment:
(1) in which tobacco products account for at least eighty-five percent (85%) of the retail establishment's gross sales; and
(2) that prohibits entry by persons who are less than twenty-one (21) years of age.
(c) The owner of a retail establishment that sells or distributes tobacco products through a self-service display, other than a coin operated machine operated under IC 35-46-1-11 or IC 35-46-1-11.5, commits a Class C infraction.
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle tobacco education and enforcement fund (IC 7.1-6-2-6).