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. (1) obtains from the prospective customer a written statement signed by the prospective customer under penalty of perjury:

   1. (A) providing the prospective customer's address and date of birth;

   2. (B) advising the prospective customer that:

      1. (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
      2. (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 ;
   3. (C) confirming that the cigarette order was placed by the prospective customer;
   4. (D) providing a warning under 15 U.S.C. 1333(a)(1); and
   5. (E) stating the sale of cigarettes by delivery sale is a taxable event for purposes of IC 6-7-1 ;
2. (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. (3) receives payment for the delivery sale by a credit or debit card issued in the name of the prospective purchaser.

As added by P.L.253-2003, SEC.1. Amended by P.L.160-2005, SEC.7; P.L.49-2020, SEC.22.