IC 7.1TITLE 7.1. ALCOHOL AND TOBACCO
           Art. 1.GENERAL PROVISIONS
           Art. 2.ALCOHOL AND TOBACCO COMMISSION AND ADMINISTRATION
           Art. 3.PERMITS
           Art. 4.REVENUE AND TAXES
           Art. 5.CRIMES AND INFRACTIONS
           Art. 6.YOUTH TOBACCO SALES AND ENFORCEMENT
           Art. 7.VAPOR PENS AND E-LIQUID

 

IC 7.1-1ARTICLE 1. GENERAL PROVISIONS
           Ch. 1.General Purposes of Title
           Ch. 2.Construction and Scope of Title
           Ch. 3.Definitions of General Applicability

 

IC 7.1-1-1Chapter 1. General Purposes of Title
           7.1-1-1-1General purposes
           7.1-1-1-11.5Repealed

 

IC 7.1-1-1-1General purposes

     Sec. 1. The following are the general purposes of this title:

(1) To protect the economic welfare, health, peace, and morals of the people of this state.

(2) To regulate and limit the manufacture, sale, possession, and use of alcohol and alcoholic beverages.

(3) To regulate the sale, possession, and distribution of tobacco products.

(4) To provide for the raising of revenue.

[Pre-1973 Recodification Citations: 7-1-1-1; 7-1-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.250-2003, SEC.1.

 

IC 7.1-1-1-11.5Repealed

As added by P.L.24-1991, SEC.3. Repealed by P.L.1-1992, SEC.26.

 

IC 7.1-1-2Chapter 2. Construction and Scope of Title
           7.1-1-2-0.1Repealed
           7.1-1-2-1Construction
           7.1-1-2-2Scope
           7.1-1-2-3Exceptions
           7.1-1-2-4Gender and number
           7.1-1-2-5Direct and indirect prohibition
           7.1-1-2-6Repealed
           7.1-1-2-13Repealed

 

IC 7.1-1-2-0.1Repealed

As added by P.L.220-2011, SEC.169. Repealed by P.L.63-2012, SEC.7.

 

IC 7.1-1-2-1Construction

     Sec. 1. Construction. This title is an exercise of the police powers of the state. The classifications and differentiations made in this title are real and are actually and substantially related to the accomplishment of the purposes of this title. The provisions of this title shall be liberally construed so as to effectuate the purposes of this title.

[Pre-1973 Recodification Citation: 7-1-1-1.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-2-2Scope

     Sec. 2. Except as provided in IC 7.1-5-1-3, IC 7.1-5-1-6, IC 7.1-5-7, and IC 7.1-5-8, this title applies to the following:

(1) The commercial manufacturing, bottling, selling, bartering, importing, transporting, delivering, furnishing, or possessing of alcohol, alcoholic beverages, industrial alcohol, malt, malt syrup, malt extract, liquid malt or wort.

(2) The sale, possession, use, and distribution of tobacco products.

[Pre-1973 Recodification Citation: 7-1-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.213-2001, SEC.1; P.L.250-2003, SEC.2; P.L.141-2012, SEC.1; P.L.159-2014, SEC.1.

 

IC 7.1-1-2-3Exceptions

     Sec. 3. (a) The provisions of this title shall not prohibit the following:

(1) The manufacture, sale, possession, transportation, or use of vinegar.

(2) The sale or transportation of sacramental wine to a minister, priest, or rabbi for a religious purpose.

(3) The manufacture, purchase, possession, transportation, or distribution of sacramental wine for a religious purpose by a minister, priest, or rabbi.

(4) The manufacture of wine or beer that is not offered for sale and is used only for the following purposes:

(A) Personal or family use.

(B) Use in the residence of the person who manufactures the wine or beer.

(C) Use at organized affairs or exhibitions.

(D) Technical or sensory evaluations.

(E) Wine or beer educational seminars.

(F) Wine or beer competitions, including contests, tastings, or judgings.

(5) The manufacture, sale, possession, transportation, or use of industrial alcohol.

(6) Alcoholic beverages held, served, or consumed on airline flights.

     (b) The transportation and the possession of alcoholic beverages described in subsection (a)(4) shall not be prohibited but shall be subject to the applicable provisions of this title.

     (c) The manufacture, sale, possession, transportation, or use of alcohol or alcoholic beverages, or a preparation containing alcohol for a medicinal, scientific, or mechanical purpose, shall not be prohibited but shall be controlled, regulated, and confined to permittees as provided in this title.

[Pre-1973 Recodification Citation: 7-1-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.1; P.L.177-1999, SEC.3.

 

IC 7.1-1-2-4Gender and number

     Sec. 4. Gender and Number. For purposes of this title, the masculine gender includes the feminine and where appropriate, the singular number includes the plural.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-2-5Direct and indirect prohibition

     Sec. 5. Direct and Indirect Prohibition. For the purposes of this title, whenever a person is prohibited from doing a certain act or holding a certain interest directly, he shall be prohibited also from doing that act or holding that interest indirectly.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-2-6Repealed

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1976, P.L.24, SEC.5; Acts 1982, P.L.69, SEC.1. Repealed by P.L.1-1988, SEC.10.

 

IC 7.1-1-2-13Repealed

As added by P.L.104-1995, SEC.1. Amended by P.L.70-1996, SEC.1. Repealed by P.L.1-1999, SEC.18.

 

IC 7.1-1-3Chapter 3. Definitions of General Applicability
           7.1-1-3-1Generally
           7.1-1-3-2"Accommodations"
           7.1-1-3-3"Adulterated alcoholic beverage"
           7.1-1-3-3.5"Advertising specialty"
           7.1-1-3-4"Alcohol"
           7.1-1-3-5"Alcoholic beverage"
           7.1-1-3-5.5"Applicant"
           7.1-1-3-6"Beer"
           7.1-1-3-7"Bona fide evidence of majority or identity"
           7.1-1-3-8"Carrier"
           7.1-1-3-8.5"Certificate"
           7.1-1-3-9"Chairman"
           7.1-1-3-9.5"Hard cider"
           7.1-1-3-10"Club"
           7.1-1-3-11"Commercially"
           7.1-1-3-12"Commission"
           7.1-1-3-12.5"Consumer advertising specialty"
           7.1-1-3-13"Container"
           7.1-1-3-13.5"Conviction for operating while intoxicated"
           7.1-1-3-14"Denatured alcohol"
           7.1-1-3-14.5"Department"
           7.1-1-3-15"Drug store"
           7.1-1-3-15.5"Electronic cigarette"
           7.1-1-3-16"Enforcement officer"
           7.1-1-3-16.4"Entertainment"
           7.1-1-3-16.5"Entertainment complex"
           7.1-1-3-16.7"Flavored malt beverage"
           7.1-1-3-17"Fraternal club"
           7.1-1-3-18"Gallon"
           7.1-1-3-18.3"Gift"
           7.1-1-3-18.5"Grocery store"
           7.1-1-3-19"Hotel"
           7.1-1-3-19.5"Internet company"
           7.1-1-3-19.7"Law enforcement officer"
           7.1-1-3-20"Licensed premises"
           7.1-1-3-20.5"Limited liability company"
           7.1-1-3-20.7"Limited partnership"
           7.1-1-3-21"Liquor"
           7.1-1-3-22"Local board"
           7.1-1-3-23"Malt articles"
           7.1-1-3-24"Member of a club"
           7.1-1-3-25"Minor"
           7.1-1-3-26"Misbranded alcoholic beverage"
           7.1-1-3-26.3"Motor vehicle"
           7.1-1-3-26.5"Nonalcoholic malt beverage"
           7.1-1-3-27"One-way permit"
           7.1-1-3-28"Package liquor store"
           7.1-1-3-28.5"Partnership"
           7.1-1-3-29"Permit"
           7.1-1-3-30"Permittee"
           7.1-1-3-31"Person"
           7.1-1-3-32"Pint"
           7.1-1-3-32.3"Powdered or crystalline alcohol"
           7.1-1-3-32.5"Primary source of supply"
           7.1-1-3-32.7"Professional and educational expenses"
           7.1-1-3-33"Public nuisance"
           7.1-1-3-34"Quart"
           7.1-1-3-35"Rectifier"
           7.1-1-3-36"Rectify"
           7.1-1-3-37"Residence"
           7.1-1-3-38"Residential district"
           7.1-1-3-39"Resort hotel"
           7.1-1-3-40"Restaurant"
           7.1-1-3-41"Salesman"
           7.1-1-3-42"Service bar"
           7.1-1-3-43"Setup"
           7.1-1-3-44"Farm winery"
           7.1-1-3-45"Special disqualifications"
           7.1-1-3-46"Table wine"
           7.1-1-3-47"Three-way permit"
           7.1-1-3-47.5"Tobacco product"
           7.1-1-3-48"Two-way permit"
           7.1-1-3-49"Wine"
           7.1-1-3-50"Wood alcohol"

 

IC 7.1-1-3-1Generally

     Sec. 1. Generally. The definitions contained in this chapter shall be applied throughout this title unless the context clearly requires otherwise.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-2"Accommodations"

     Sec. 2. Accommodations. The term "accommodations" means the seating capacity for the serving of food in a room in which alcoholic beverages are sold. It does not mean any accommodation or seating capacity in the sleeping quarters in a hotel.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-3"Adulterated alcoholic beverage"

     Sec. 3. Adulterated Alcoholic Beverage. The term "adulterated alcoholic beverage" means:

     (a) An alcoholic beverage that contains an ingredient prohibited by law or by a rule or regulation of the commission;

     (b) An alcoholic beverage possessed, kept or offered for sale, or sold, which does not correspond substantially to the analysis, brand, or formula which has been registered with the commission; or,

     (c) An alcoholic beverage whose analysis or formula is required to be registered with the commission and is not registered.

[Pre-1973 Recodification Citations: 7-1-1-5(13); 7-1-1-33(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-3.5"Advertising specialty"

     Sec. 3.5. "Advertising specialty" means an item having a fair market value of:

(1) not more than one thousand dollars ($1,000); or

(2) more than one thousand dollars ($1,000) with the prior written approval of the commission;

that is designed to be used within a retailer or dealer establishment to attract consumer attention to the products of a manufacturer. The term includes items such as posters, placards, designs, inside signs (electric, mechanical, or otherwise), window decorations, trays, coasters, mats, menu cards, meal checks, paper napkins, foam scrapers, back bar mats, thermometers, clocks, calendars, and alcoholic beverage lists or menus. An advertising specialty must bear conspicuous and substantial advertising matter about the product or the manufacturer or wholesaler that is permanently inscribed or securely affixed.

As added by P.L.270-2017, SEC.1.

 

IC 7.1-1-3-4"Alcohol"

     Sec. 4. Alcohol. The term "alcohol" means the compound C2H5OH, known as ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced.

[Pre-1973 Recodification Citation: 7-1-1-3(f).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-5"Alcoholic beverage"

     Sec. 5. The term "alcoholic beverage" means a liquid or solid that:

(1) is, or contains, one-half percent (0.5%) or more alcohol by volume;

(2) is fit for human consumption; and

(3) is reasonably likely, or intended, to be used as a beverage.

[Pre-1973 Recodification Citations: 7-1-1-3(a); 7-1-1-3(e).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.78-1986, SEC.1.

 

IC 7.1-1-3-5.5"Applicant"

     Sec. 5.5. (a) "Applicant", for purposes of IC 7.1-3-18.5, means a person who applies for a tobacco sales certificate.

     (b) "Applicant", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-2.

As added by P.L.94-2008, SEC.2. Amended by P.L.176-2015, SEC.1.

 

IC 7.1-1-3-6"Beer"

     Sec. 6. Beer. The term "beer" means an alcoholic beverage obtained by the fermentation of an infusion or decoction of barley malt or other cereal and hops in water.

[Pre-1973 Recodification Citation: 7-1-1-3(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-7"Bona fide evidence of majority or identity"

     Sec. 7. Bona Fide Evidence of Majority or Identity. The term "bona fide evidence of majority or identity" means a document, including, but not limited to, a license or permit to operate a motor vehicle, a Selective Service registration certificate, or an United States Armed Forces identification card, but excluding a voter's registration card, issued by the federal or state governments or one (1) of their political subdivisions.

[Pre-1973 Recodification Citation: 7-5-2-3(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-8"Carrier"

     Sec. 8. Carrier. The term "carrier" means:

     (a) A common carrier, whether licensed under the laws of this state or not;

     (b) A person as a proprietor who operates a transportation facility when regularly or casually operating intrastate state or from another state into this state; or,

     (c) A person who carries alcoholic beverages for hire or as a free accommodation for a consignor or consignee and who has no permit under this title authorizing him to sell, furnish, give away, manufacture, or rectify alcoholic beverages.

[Pre-1973 Recodification Citation: 7-1-1-30.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-8.5"Certificate"

     Sec. 8.5. "Certificate" means a tobacco sales certificate for purposes of IC 7.1-3-18.5.

As added by P.L.250-2003, SEC.3.

 

IC 7.1-1-3-9"Chairman"

     Sec. 9. Chairman. The term "chairman" means the presiding officer of the commission who is appointed by the governor pursuant to IC 1971, 7.1-2-1-5.

[Pre-1973 Recodification Citation: 7-1-1-3(k).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-9.5"Hard cider"

     Sec. 9.5. The term "hard cider" means an alcoholic beverage that:

(1) is made from the normal alcoholic fermentation of the juice of sound, ripe apples; and

(2) contains at least one-half of one percent (0.5%) of alcohol by volume and not more than seven percent (7%) of alcohol by volume.

The term includes flavored, sparkling, or carbonated cider and cider made from condensed apple.

As added by P.L.119-1998, SEC.21.

 

IC 7.1-1-3-10"Club"

     Sec. 10. Club. The term "club" means an association or corporation which meets the requirements provided in IC 1971, 7.1-3-20-1.

[Pre-1973 Recodification Citation: 7-1-1-3(c).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-11"Commercially"

     Sec. 11. Commercially. The term "commercially" means the manufacturing, bottling, selling, bartering, transporting, delivering, furnishing, or possessing of alcohol or alcoholic beverages elsewhere than in one's own residence.

[Pre-1973 Recodification Citation: 7-1-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-12"Commission"

     Sec. 12. The term "commission" means the alcohol and tobacco commission created by this title.

[Pre-1973 Recodification Citations: 7-1-1-3(d); 7-1-3-2; 7-2-1-5.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.15.

 

IC 7.1-1-3-12.5"Consumer advertising specialty"

     Sec. 12.5. "Consumer advertising specialty" means an item having a fair market value of:

(1) not more than three hundred dollars ($300); or

(2) more than three hundred dollars ($300) with the prior written approval of the commission;

that is designed to be carried away from the retailer or dealer establishment by the consumer. The term includes items such as trading stamps, nonalcoholic mixers, pouring racks, ash trays, bottle or can openers, cork screws, shopping bags, matches, printed recipes, pamphlets, cards, leaflets, blotters, post cards, pencils, shirts, caps, and visors. A consumer advertising specialty must bear conspicuous and substantial advertising matter about the product or the manufacturer or wholesaler that is permanently inscribed or securely affixed.

As added by P.L.270-2017, SEC.2.

 

IC 7.1-1-3-13"Container"

     Sec. 13. (a) "Container", except as provided in subsection (b), means a receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact.

     (b) "Container", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-5.

[Pre-1973 Recodification Citation: 7-1-1-33(g).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.2.

 

IC 7.1-1-3-13.5"Conviction for operating while intoxicated"

     Sec. 13.5. "Conviction for operating while intoxicated" means a conviction (as defined in IC 9-13-2-38):

(1) in Indiana for a crime under IC 9-30-5-1 through IC 9-30-5-9, IC 35-46-9-6, or IC 14-15-8 (before its repeal); or

(2) in any other jurisdiction in which the elements of the crime for which the conviction was entered are substantially similar to the elements of a crime described in IC 9-30-5-1 through IC 9-30-5-9, IC 35-46-9-6, or IC 14-15-8-8 (before its repeal).

As added by P.L.204-2001, SEC.16. Amended by P.L.40-2012, SEC.1; P.L.196-2015, SEC.1.

 

IC 7.1-1-3-14"Denatured alcohol"

     Sec. 14. Denatured Alcohol. The term "denatured alcohol" means alcohol to which has been added a substance or ingredient for the purpose of producing a compound or mixture which is unlikely to be used as a beverage and which is unfit for human consumption. Denatured alcohol is to be considered a form of industrial alcohol.

[Pre-1973 Recodification Citation: 7-1-1-3(g).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.2-1995, SEC.37.

 

IC 7.1-1-3-14.5"Department"

     Sec. 14.5. (a) "Department", except as provided in subsection (b), means the Indiana Department of State Revenue.

     (b) "Department", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-7.

Formerly: Acts 1973, P.L.56, SEC.1. As amended by P.L.176-2015, SEC.3.

 

IC 7.1-1-3-15"Drug store"

     Sec. 15. Drug Store. The term "drug store" means a retail business establishment in which medicines and miscellaneous articles are sold.

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-15.5"Electronic cigarette"

     Sec. 15.5. "Electronic cigarette", has the meaning set forth in IC 35-46-1-1.5.

As added by P.L.20-2013, SEC.1. Amended by P.L.176-2015, SEC.4; P.L.206-2017, SEC.1.

 

IC 7.1-1-3-16"Enforcement officer"

     Sec. 16. Enforcement Officer. The term "enforcement officer" means a person employed by the commission to perform duties pursuant to IC 1971, 7.1-2.

[Pre-1973 Recodification Citation: 7-2-1-3(a).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-16.4"Entertainment"

     Sec. 16.4. "Entertainment", for purposes of IC 7.1-5-5, means the following:

(1) Participation in a sporting event.

(2) Attendance at a sporting event or an event featuring live performances.

As added by P.L.270-2017, SEC.3.

 

IC 7.1-1-3-16.5"Entertainment complex"

     Sec. 16.5. The term "entertainment complex" means a premises that:

(1) is a site for the performance of musical, theatrical, or other entertainment;

(2) if located in a county containing a consolidated city:

(A) includes an area where at least two thousand (2,000) individuals may be seated at one (1) time in permanent seating; and

(B) is located in a facility that is:

(i) on the National Register of Historic Places; or

(ii) located within the boundaries of a historic district that is established by ordinance under IC 36-7-11-7; and

(3) if located in a county other than a county containing a consolidated city, includes an area where at least twelve thousand (12,000) individuals may be seated at one (1) time in permanent seating.

As added by P.L.71-1996, SEC.1.

 

IC 7.1-1-3-16.7"Flavored malt beverage"

     Sec. 16.7. The term "flavored malt beverage" means an alcoholic beverage that has all of the following attributes:

(1) The alcoholic beverage is made from a malt beverage base that is flavored with aromatic essences or other flavorings in quantities and proportions that result in a product that possesses a character and flavor distinctive from the malt beverage base and is distinguishable from other malt beverages.

(2) The label, packaging, container, and any advertising or depiction of the alcoholic beverage disseminated, broadcast, or available in Indiana do not contain any of the following words, or a derivative, version, or non-English translation of the following words:

(A) Beer.

(B) Lager.

(C) Pilsner.

(D) Stout.

(E) Porter.

(F) Ale.

(G) Cider.

(H) Framboise.

(I) Lambic.

(J) Draft.

(K) Liquor.

(L) Bitter.

(M) Brew.

However, the label and packaging may contain in only one (1) location the words "flavored beer" placed adjacent to each other in type not to exceed two (2) millimeters in height.

(3) The alcoholic beverage is not distributed in aluminum or other metal containers.

(4) The alcoholic beverage creates no foam that gives the appearance of beer when the alcoholic beverage is poured from its container.

As added by P.L.72-1996, SEC.1.

 

IC 7.1-1-3-17"Fraternal club"

     Sec. 17. Fraternal Club. The term "fraternal club" means an association or corporation which meets the requirements provided in IC 1971, 7.1-3.

[Pre-1973 Recodification Citation: 7-1-1-3(c).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-18"Gallon"

     Sec. 18. Gallon. The term "gallon" means a liquid measure containing two hundred thirty-one (231) cubic inches.

[Pre-1973 Recodification Citation: 7-1-1-41(e).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-18.3"Gift"

     Sec. 18.3. "Gift", for purposes of IC 7.1-5-5, means anything of value, including a rebate, sum of money, accessory, furniture, fixture, loan of money, concession, privilege, use, title, interest, or lease, rehabilitation, decoration, improvement, or repair of premises.

As added by P.L.270-2017, SEC.4.

 

IC 7.1-1-3-18.5"Grocery store"

     Sec. 18.5. (a) "Grocery store" means a store or part of a store that is known generally as:

(1) a supermarket, grocery store, or delicatessen and is primarily engaged in the retail sale of a general food line, which may include:

(A) canned and frozen foods;

(B) fresh fruits and vegetables; and

(C) fresh and prepared meats, fish, and poultry;

(2) subject to subsection (b), a convenience store or food mart and is primarily engaged in:

(A) the retail sale of a line of goods that may include milk, bread, soda, and snacks; or

(B) the retail sale of automotive fuels and the retail sale of a line of goods that may include milk, bread, soda, and snacks;

(3) a warehouse club, superstore, supercenter, or general merchandise store and is primarily engaged in the retail sale of a general line of groceries or gourmet foods in combination with general lines of new merchandise, which may include apparel, furniture, and appliances; or

(4) a specialty or gourmet food store primarily engaged in the retail sale of miscellaneous specialty foods not for immediate consumption and not made on the premises, not including:

(A) meat, fish, and seafood;

(B) fruits and vegetables;

(C) confections, nuts, and popcorn; and

(D) baked goods.

     (b) The term includes a convenience store or food mart as described in subsection (a)(2) only if the sale of alcoholic beverages on the premises of the convenient store or food mart represents a percentage of annual gross sales of twenty-five percent (25%) or less of all items sold on the premises, excluding gasoline and automotive oil products.

     (c) The term does not include an establishment known generally as a gas station that is primarily engaged in:

(1) the retail sale of automotive fuels, which may include diesel fuel, gasohol, or gasoline; or

(2) the retail sale of automotive fuels, which may include diesel fuel, gasohol, or gasoline and activities that may include providing repair service, selling automotive oils, replacement parts, and accessories, or providing food services.

As added by P.L.94-2008, SEC.3.

 

IC 7.1-1-3-19"Hotel"

     Sec. 19. The term "hotel" means an establishment which meets the requirements provided in IC 7.1-3-20-18.

[Pre-1973 Recodification Citation: 7-1-1-3(n).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.79-1986, SEC.1.

 

IC 7.1-1-3-19.5"Internet company"

     Sec. 19.5. "Internet company" means a person that:

(1) has the permits required under this title for the person to conduct business in Indiana;

(2) does business in more than one (1) state or country; and

(3) solicits orders for the sale of alcoholic beverages to a person in Indiana through the Internet.

As added by P.L.204-2001, SEC.17.

 

IC 7.1-1-3-19.7"Law enforcement officer"

     Sec. 19.7. "Law enforcement officer", for purposes of IC 7.1-5-1-6.5, has the meaning set forth in IC 35-31.5-2-185.

As added by P.L.93-2012, SEC.1. Amended by P.L.114-2012, SEC.15.

 

IC 7.1-1-3-20"Licensed premises"

     Sec. 20. Licensed Premises. The term "licensed premises" means a building, or part of a building, in which alcoholic beverages are authorized by a permit to be kept, manufactured, or sold. The term does not mean the residential portion of a building in which alcoholic beverages are not kept, manufactured, sold, furnished, or given away under the permit, nor does it mean a separate room furnished a guest as sleeping quarters in a club or hotel.

[Pre-1973 Recodification Citation: 7-2-1-7.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-20.5"Limited liability company"

     Sec. 20.5. The term "limited liability company" has the meaning set forth in IC 23-18-1-11.

As added by P.L.51-1994, SEC.1.

 

IC 7.1-1-3-20.7"Limited partnership"

     Sec. 20.7. The term "limited partnership" has the meaning set forth in IC 23-16-1-9.

As added by P.L.105-1995, SEC.1.

 

IC 7.1-1-3-21"Liquor"

     Sec. 21. Liquor. The term "liquor" means an alcoholic beverage containing alcohol obtained by distillation. The term also means a wine that contains twenty-one per cent (21%), or more, of alcohol reckoned by volume. However, the term does not include industrial alcohol.

[Pre-1973 Recodification Citation: 7-1-1-3(o).]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.2.

 

IC 7.1-1-3-22"Local board"

     Sec. 22. Local Board. The term "local board" means a local alcoholic beverage board of a county created pursuant to the provisions of IC 1971, 7.1-2-4.

[Pre-1973 Recodification Citation: 7-1-1-5 (cl. 19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-23"Malt articles"

     Sec. 23. Malt Articles. The term "malt articles" means malt, malt syrup, malt extract, liquid malt, or wort, and their containers.

[Pre-1973 Recodification Citation: 7-1-1-3(q).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-24"Member of a club"

     Sec. 24. Member of a Club. The term "member of a club" means a person who meets the requirements provided in IC 1971, 7.1-3-20-6.

[Pre-1973 Recodification Citation: 7-1-1-3(h).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-25"Minor"

     Sec. 25. (a) "Minor", except as provided in subsection (b), means a person less than twenty-one (21) years of age.

     (b) "Minor", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-17.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.5.

 

IC 7.1-1-3-26"Misbranded alcoholic beverage"

     Sec. 26. Misbranded Alcoholic Beverage. The term "misbranded alcoholic beverage" means:

     (a) An alcoholic beverage that is not plainly labeled, marked, or otherwise designated in compliance with the rules and regulations of the commission; or,

     (b) An alcoholic beverage sold or offered for sale under an unregistered brand, copyright, or label, or under a false or pretended brand or label.

[Pre-1973 Recodification Citations: 7-1-1-5(13); 7-1-1-33(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-26.3"Motor vehicle"

     Sec. 26.3. "Motor vehicle" means a vehicle that is self-propelled.

As added by P.L.106-1995, SEC.1. Amended by P.L.221-2014, SEC.6.

 

IC 7.1-1-3-26.5"Nonalcoholic malt beverage"

     Sec. 26.5. The term "nonalcoholic malt beverage" means a liquid that:

(1) is fit for human consumption;

(2) is reasonably likely or is intended to be used as a beverage;

(3) is produced:

(A) in a manner similar to beer; and

(B) from ingredients similar to beer; and

(4) contains less than one-half percent (0.5%) alcohol by volume.

As added by P.L.52-1992, SEC.1.

 

IC 7.1-1-3-27"One-way permit"

     Sec. 27. One-Way Permit. The term "one-way permit" means a beer retailer's permit issued to a permittee.

[Pre-1973 Recodification Citation: 7-3-4-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-28"Package liquor store"

     Sec. 28. Package Liquor Store. The term "package liquor store" means a place or establishment that meets the requirements provided in IC 1971, 7.1-3-10, and whose exclusive business is the retail sale of alcoholic beverages and commodities that are permissible under this title for use or consumption only off the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-28.5"Partnership"

     Sec. 28.5. The term "partnership" has the meaning set forth in IC 23-4-1-6.

As added by P.L.51-1994, SEC.2. Amended by P.L.105-1995, SEC.2.

 

IC 7.1-1-3-29"Permit"

     Sec. 29. (a) "Permit", except as provided in subsection (b), means a written authorization issued by the commission entitling its holder to manufacture, rectify, distribute, transport, sell, or otherwise deal in alcoholic beverages, all as provided in this title.

     (b) "Permit", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-18.

[Pre-1973 Recodification Citation: 7-2-1-19(f).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.6.

 

IC 7.1-1-3-30"Permittee"

     Sec. 30. (a) "Permittee", except as provided in subsection (b), means a person who is the holder of a valid permit under this title, including an agent, servant, or employee of, or other person acting on behalf of, a permittee, whenever a permittee is prohibited from doing a certain act under this title.

     (b) "Permittee", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-19.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.7.

 

IC 7.1-1-3-31"Person"

     Sec. 31. The term "person" includes:

(1) a natural individual;

(2) a firm;

(3) a corporation;

(4) a partnership;

(5) a limited partnership;

(6) a limited liability company;

(7) an incorporated or unincorporated association; or

(8) other legal entity;

whether acting by themselves or by a servant, an agent, or an employee.

[Pre-1973 Recodification Citations: 7-1-1-3(1); 7-1-3-2; 7-2-1-19(b).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.105-1995, SEC.3.

 

IC 7.1-1-3-32"Pint"

     Sec. 32. Pint. The term "pint" means a liquid measure equal to one-eighth (1/8) of a gallon.

[Pre-1973 Recodification Citation: 7-1-1-41(e).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-32.3"Powdered or crystalline alcohol"

     Sec. 32.3. "Powdered or crystalline alcohol" means alcohol in a powdered or crystalline form, for either direct use or reconstitution.

As added by P.L.70-2015, SEC.1.

 

IC 7.1-1-3-32.5"Primary source of supply"

     Sec. 32.5. The term "primary source of supply" means, in regard to the alcoholic beverage being sold to a wholesaler:

(1) an artisan distiller or distiller of the alcoholic beverage;

(2) a producer of the alcoholic beverage;

(3) a vintner of the alcoholic beverage;

(4) a rectifier of the alcoholic beverage;

(5) an importer into the United States of the alcoholic beverage;

(6) an owner of the alcoholic beverage at the time it becomes a marketable product;

(7) a bottler of the alcoholic beverage;

(8) a brewer of the alcoholic beverage; or

(9) an agent specifically authorized to make sales to an Indiana wholesaler by a person listed in subdivisions (1) through (8).

As added by P.L.57-1984, SEC.1. Amended by P.L.109-2013, SEC.1.

 

IC 7.1-1-3-32.7"Professional and educational expenses"

     Sec. 32.7. "Professional and educational expenses", for purposes of IC 7.1-5-5, means one (1) or more of the following:

(1) A primary source of supply or wholesaler may participate in retailer or dealer association activities. A primary source of supply or wholesaler may do the following:

(A) Display its products at a convention or trade show.

(B) Rent display booth space if the rental fee is not excessive and is the same as paid by all exhibitors.

(C) Provide its own hospitality that is independent from association sponsored activities.

(D) Purchase tickets to functions and pay registration fees if the payments or fees are not excessive and are the same as paid by all exhibitors.

(E) Make payments for advertisements in programs or brochures issued by retailer or dealer associations at a convention or trade show if the total payments made are not excessive and are the same as paid by all other advertisers.

(2) A primary source of supply or wholesaler may give or sponsor educational seminars for employees of retailers or dealers either at the primary source of supply's or wholesaler's premises or at the retailer or dealer establishment. Examples of educational seminars include the following:

(A) Seminars dealing with the use of a retailer's or dealer's equipment.

(B) Training seminars for employees of retailers or dealers.

(C) Tours of a primary source of supply's or wholesaler's plant or premises.

(D) Training seminars for employees of retailers or dealers may include tasting or sampling of alcoholic beverages by the employees of retailers or dealers. The tasting or sampling of an alcoholic beverage product is limited to one (1) ounce per employee of each alcoholic beverage product offered. The alcoholic beverage to be tasted or sampled may be provided by the primary source of supply or wholesaler or may be purchased from the retailer or dealer for no more than the listed retail price. The tasting or sampling may be conducted only at a permit premises where the consumption of alcoholic beverages is permitted. Any tasting or sampling provided by a primary source of supply or wholesaler must be offered or conducted on a nondiscriminatory basis.

(E) Reasonable hospitality, such as food and alcoholic beverages, may be offered as a part of an educational seminar.

(3) Advertising specialties and consumer advertising specialties, even if not otherwise permitted by a rule of the commission, if a wholesaler or primary source of supply does not:

(A) add the name or address of the retailer or dealer to the advertising specialty or consumer advertising specialty; or

(B) pay or credit the retailer or dealer, directly or indirectly, for distribution services.

As added by P.L.270-2017, SEC.5.

 

IC 7.1-1-3-33"Public nuisance"

     Sec. 33. Public Nuisance. The term "public nuisance" means an act, practice, place, or thing prohibited by IC 1971, 7.1-2-6.

[Pre-1973 Recodification Citation: 7-1-1-37.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-34"Quart"

     Sec. 34. Quart. The term "quart" means a liquid measure equal to one-fourth (1/4) of a gallon.

[Pre-1973 Recodification Citation: 7-1-1-41(e).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-35"Rectifier"

     Sec. 35. Rectifier. The term "rectifier" means a person who colors, flavors, or otherwise processes already existing alcoholic beverages by distillation, blending, percolating, or other process.

[Pre-1973 Recodification Citation: 7-1-1-3(m).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-36"Rectify"

     Sec. 36. Rectify. The term "rectify" means and includes the processes used by a rectifier in the rectification of alcoholic beverages.

[Pre-1973 Recodification Citation: 7-1-1-3(m).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-37"Residence"

     Sec. 37. Residence. The term "residence" means:

     (a) The premises in which a person resides and includes the aggregation of the rooms inhabited by him, including the cellar and basement under them; and,

     (b) Also means a room equipped for sleeping or a suite located in a hotel when actually occupied by a traveler, or by a person as his bona fide residence.

[Pre-1973 Recodification Citation: 7-1-1-3(i).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-38"Residential district"

     Sec. 38. Residential District. The term "residential district" means an area composed of all territory within a radius of five hundred (500) feet of the premises described in the application for a permit being considered and in which area seventy-five percent (75%) or more of the territory in use is used for residential purposes as opposed to commercial, business or manufacturing purposes. Territory in use in the area does not include territory which consists in or is devoted to a street, alley, vacant lot, park, parkway, church, school, religious institution, other not-for-profit institution, lake, river, or other body of water.

[Pre-1973 Recodification Citation: 7-2-1-15.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-39"Resort hotel"

     Sec. 39. Resort Hotel. The term "resort hotel" means an establishment which meets the requirements provided in IC 1971, 7.1-3-20-21.

[Pre-1973 Recodification Citation: 7-1-1-3(n).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-40"Restaurant"

     Sec. 40. Restaurant. The term "restaurant" means an establishment which meets the requirements provided in IC 1971, 7.1-3-20-9.

[Pre-1973 Recodification Citation: 7-1-1-3(j).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-41"Salesman"

     Sec. 41. Salesman. The term "salesman" means:

     (a) A person who procures, or seeks to procure an order or contract for the sale, or for the delivery, or for the transportation of alcoholic beverages; and,

     (b) Also means a person who is engaged in promoting the sale of alcoholic beverages, or in promoting the business of a person engaged in the alcoholic beverage trade in any manner, whether the seller resides within this state and sells to buyers either within or without this state, or whether the seller resides without this state and sells for delivery to buyers within this state.

[Pre-1973 Recodification Citation: 7-2-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-42"Service bar"

     Sec. 42. Service Bar. The term "service bar" means a counter over which alcoholic beverages are served and which is used only by the employees of the establishment in which it is located in the course of their employment.

[Pre-1973 Recodification Citation: 7-1-6-1.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-43"Setup"

     Sec. 43. Setup. The term "setup" means a glass, container, ice, water or mixer, served to a patron for the purpose of being used or consumed with an alcoholic beverage brought upon the licensed premises by the patron.

[Pre-1973 Recodification Citation: 7-2-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-44"Farm winery"

     Sec. 44. The term "farm winery" means a commercial winemaking establishment that produces wine and meets the requirements of IC 7.1-3-12-4.

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.201-1999, SEC.1; P.L.165-2006, SEC.1.

 

IC 7.1-1-3-45"Special disqualifications"

     Sec. 45. Special Disqualifications. The term "special disqualifications" means those impediments provided in IC 1971, 7.1-3-4-2, which prevent the issuance of certain permits to a person who possesses one (1) of them.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-46"Table wine"

     Sec. 46. Table Wine. The term "table wine" means wine that is produced without rectification or fortification and whose alcoholic content does not exceed fourteen percent (14%).

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-47"Three-way permit"

     Sec. 47. Three-Way Permit. The term "three-way permit" means the combination of a beer retailer's permit, a liquor retailer's permit, and a wine retailer's permit issued to a permittee.

[Pre-1973 Recodification Citation: 7-3-4-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-47.5"Tobacco product"

     Sec. 47.5. (a) "Tobacco product", except as provided in subsection (b), has the meaning set forth in IC 7.1-6-1-3.

     (b) "Tobacco product", for purposes of IC 7.1-3-18.5, means a product that:

(1) contains tobacco, including e-liquid (as defined by IC 7.1-7-2-10) that contains nicotine; and

(2) is intended for human consumption.

As added by P.L.250-2003, SEC.4. Amended by P.L.176-2015, SEC.8; P.L.60-2016, SEC.2.

 

IC 7.1-1-3-48"Two-way permit"

     Sec. 48. Two-Way Permit. The term "two-way permit" means the combination of a beer retailer's permit and a wine retailer's permit issued to a permittee.

[Pre-1973 Recodification Citation: 7-3-4-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-1-3-49"Wine"

     Sec. 49. The term "wine" means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruit, fruit juice, or other agricultural products containing sugar, including necessary additions to correct defects due to climatic, saccharine, and seasonal conditions, and also the alcoholic fortification of the beverage. The term includes hard cider, except for alcoholic beverage tax purposes. The term does not mean an alcoholic beverage that contains twenty-one percent (21%), or more, of absolute alcohol reckoned by volume.

[Pre-1973 Recodification Citation: 7-1-1-3(p).]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.3. As amended by P.L.119-1998, SEC.22.

 

IC 7.1-1-3-50"Wood alcohol"

     Sec. 50. Wood Alcohol. The term "wood alcohol" means the compound CH3OH, also known as methanol, from whatever source or by whatever process produced. The term also means wood alcohol that has been redistilled and which is likely or intended to be used as a beverage.

[Pre-1973 Recodification Citation: 7-1-1-32(1).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2ARTICLE 2. ALCOHOL AND TOBACCO COMMISSION AND ADMINISTRATION
           Ch. 1.General Provisions
           Ch. 2.Officers and Employees
           Ch. 3.Powers and Duties
           Ch. 4.Local Boards
           Ch. 5.Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales
           Ch. 6.Remedies: Public Nuisances
           Ch. 7.Prevention of Discrimination Against Indiana Products
           Ch. 8.Jurisdiction and Miscellaneous Judicial Proceedings

 

IC 7.1-2-1Chapter 1. General Provisions
           7.1-2-1-0.3Treatment of references to prior commission names; transfer of property and obligations; treatment of actions of prior commissions
           7.1-2-1-1Commission created
           7.1-2-1-2Composition
           7.1-2-1-3Appointments and terms
           7.1-2-1-4Qualifications of commissioners
           7.1-2-1-5Chairman and chairman pro tempore
           7.1-2-1-6Vacancies
           7.1-2-1-7Compensation
           7.1-2-1-8Bond and oath of office
           7.1-2-1-9Surety bonds
           7.1-2-1-10Meetings and adjournments
           7.1-2-1-11Quorum and voting
           7.1-2-1-12Restriction on solicitation or acceptance of political contributions
           7.1-2-1-13Limitation of liability

 

IC 7.1-2-1-0.3Treatment of references to prior commission names; transfer of property and obligations; treatment of actions of prior commissions

     Sec. 0.3. (a) After June 30, 2001, a reference in any law, rule, contract, or other document or record to the alcoholic beverage commission, the Indiana alcoholic beverage commission, or the alcoholic beverage commission of Indiana shall be treated as a reference to the alcohol and tobacco commission.

     (b) On July 1, 2001, the property and obligations of the alcoholic beverage commission, the Indiana alcoholic beverage commission, or the alcoholic beverage commission of Indiana are transferred to the alcohol and tobacco commission.

     (c) An action taken by the alcoholic beverage commission, the Indiana alcoholic beverage commission, or the alcoholic beverage commission of Indiana before July 1, 2001, shall be treated after June 30, 2001, as if it were originally taken by the alcohol and tobacco commission.

As added by P.L.220-2011, SEC.170.

 

IC 7.1-2-1-1Commission created

     Sec. 1. There is hereby created as a part of state government, a commission to be known as the alcohol and tobacco commission.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.18.

 

IC 7.1-2-1-2Composition

     Sec. 2. Composition. The commission shall be composed of four (4) members who are not officials of the state in any other capacity and who are qualified for their positions in accordance with the provisions of IC 1971, 7.1-2-1-4.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-3Appointments and terms

     Sec. 3. Appointments and Terms. Members of the commission shall be appointed by the governor and a commissioner shall be eligible for reappointment. No more than two (2) commissioners shall belong to the same political party. A commissioner shall be appointed for a term of four (4) years, but shall serve that term at the pleasure of the governor.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-4Qualifications of commissioners

     Sec. 4. Qualifications of Commissioners. To be eligible for appointment as a commissioner, a person shall possess the following qualifications:

     (a) He shall be thirty-one (31) years of age or older;

     (b) He shall have a good moral character; and,

     (c) He shall have been a resident of the state for at least ten (10) years immediately preceding his appointment.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-5Chairman and chairman pro tempore

     Sec. 5. Chairman and Chairman Pro Tempore. The governor shall appoint one (1) of the members to serve as chairman of the commission. The governor also shall appoint one (1) of the members to serve as chairman pro tempore in the absence of the chairman.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-6Vacancies

     Sec. 6. Vacancies. A member appointed to fill a vacancy in the membership of the commission shall serve only for the unexpired portion of the original, vacated term. In all other respects, an appointment to fill a vacancy shall be made in the same manner that an original appointment is made.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-7Compensation

     Sec. 7. Compensation. As compensation for services, each commissioner shall receive an annual salary to be fixed in the same manner that the salaries of other state officials are fixed. In addition to the annual salary, a commissioner shall be reimbursed for traveling and other expenses necessarily incurred while away from his office carrying out his duties as a member of the commission.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-8Bond and oath of office

     Sec. 8. Bond and Oath of Office. Each commissioner shall execute a surety bond in the amount of ten thousand dollars ($10,000), with surety approved by the governor, and an oath of office, both of which shall be filed in the office of the secretary of state.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-9Surety bonds

     Sec. 9. Surety Bonds. The required surety bond executed and filed on behalf of a commissioner, an enforcement officer, or the prosecutor shall be made payable to the State of Indiana and conditioned upon the faithful discharge of the bonded party's respective duties.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-10Meetings and adjournments

     Sec. 10. Meetings and Adjournments. The commission shall hold regular meetings on the first and third Tuesday of each month. The commission may hold special meetings whenever the commission deems it necessary. The procedure for the calling of a special meeting shall be provided in the rules of the commission. The commission shall have the power to adjourn, from time to time, both regular and special meetings. In no event, however, shall the adjournment be later than the next regular meeting date.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-1-11Quorum and voting

     Sec. 11. (a) Three (3) members of the commission constitute a quorum for the transaction of business.

     (b) Each commissioner has one (1) vote.

     (c) Action of the commission may be taken only upon the affirmative votes of at least two (2) commissioners. If a vote of the commission is a tie, the position for which the chairman voted shall be treated as the position adopted by the commission.

[Pre-1973 Recodification Citations: 7-2-1-2; 7-2-1-27.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.19.

 

IC 7.1-2-1-12Restriction on solicitation or acceptance of political contributions

     Sec. 12. A commissioner may not solicit or accept a political contribution from any person or entity that has a permit or has applied for a permit issued by the commission. However, the right of a commissioner to vote as the commissioner chooses and to express the commissioner's opinions on political subjects and candidates may not be impaired.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.62-1998, SEC.1.

 

IC 7.1-2-1-13Limitation of liability

     Sec. 13. Limitation of Liability. A member of the commission shall not be personally liable for liability to a person because of the negligence, act, or omission of an enforcement officer.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2Chapter 2. Officers and Employees
           7.1-2-2-1Office of prosecutor created
           7.1-2-2-2Qualifications and appointment
           7.1-2-2-3Bond and oath of office
           7.1-2-2-4Compensation
           7.1-2-2-5Prosecutor; powers and duties
           7.1-2-2-6Office space and expenses
           7.1-2-2-7Executive secretary
           7.1-2-2-8Enforcement officer; appointments
           7.1-2-2-9Enforcement officer; powers and duties
           7.1-2-2-9.5Investigation of fraud within electronic benefits transfer program
           7.1-2-2-10Enforcement officer; bond and oath of office
           7.1-2-2-11Enforcement officer; worker's compensation and occupational disease
           7.1-2-2-11.5Retired law enforcement officer; retention of service weapon; badge and identification card
           7.1-2-2-12Employees; discharge of non-probationary enforcement officer
           7.1-2-2-13Enforcement officers; salaries

 

IC 7.1-2-2-1Office of prosecutor created

     Sec. 1. Office of Prosecutor Created. There is hereby created within the commission a division to be known as the "Office of the Prosecutor."

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-2Qualifications and appointment

     Sec. 2. The prosecutor shall be appointed by the governor for a term of four (4) years to be served at the pleasure of the governor. The prosecutor shall be a resident of the state and a practicing member of the Indiana bar.

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.1.

 

IC 7.1-2-2-3Bond and oath of office

     Sec. 3. Bond and Oath of Office. The prosecutor shall execute a surety bond in the amount of five thousand dollars ($5,000), with surety approved by the governor, and an oath of office, both of which shall be filed in the office of the secretary of state.

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-4Compensation

     Sec. 4. Compensation. As compensation for services, the prosecutor shall receive an annual salary to be fixed in the same manner that the salaries of other state officials are fixed. In addition to the annual salary, the prosecutor shall be reimbursed for traveling and other expenses necessarily incurred while away from his office carrying out his duties as prosecutor.

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-5Prosecutor; powers and duties

     Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall have the following powers and duties:

     (a) To prosecute before the commission all violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines;

     (b) To prosecute before the commission all violations of the rules and regulations of the commission;

     (c) To assist the prosecuting attorneys of the various judicial circuits in the investigation and prosecution of violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines, and to represent the state in these matters;

     (d) To appear before grand juries to assist in their investigations into matters pertaining to alcohol, alcoholic beverages, and tobacco, including matters pertaining to tobacco vending machines;

     (e) To establish a seal of his office;

     (f) To administer oaths and to do all other acts authorized by law for notaries public; and,

     (g) To employ, with the consent of the commission and at salaries fixed by the commission in their budget, the clerical staff required by him to effectively discharge his duties.

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.250-2003, SEC.6.

 

IC 7.1-2-2-6Office space and expenses

     Sec. 6. Office Space and Expenses. The commission shall provide the prosecutor with appropriate office space and all necessary office supplies and services. All claims for salaries and necessary expenses of the office of the prosecutor shall be allowed and approved by the commission and shall be paid from the enforcement and administration fund of the commission.

[Pre-1973 Recodification Citation: 7-2-1-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-7Executive secretary

     Sec. 7. Executive Secretary. The commission, with the consent of the governor, shall employ an executive secretary to aid the commission in the efficient administration of its powers and duties.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-8Enforcement officer; appointments

     Sec. 8. (a) The commission may employ qualified individuals to serve as enforcement officers of the commission.

     (b) The superintendent of the enforcement officers must have had at least ten (10) years experience as an active law enforcement officer, at least five (5) years of which must have been in a management capacity.

     (c) The commission shall issue to an enforcement officer a certificate of employment under the seal of the commission. The courts of this state shall take judicial notice of a certificate of employment.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.20; P.L.94-2008, SEC.4.

 

IC 7.1-2-2-9Enforcement officer; powers and duties

     Sec. 9. (a) An enforcement officer is vested with full police powers and duties to enforce:

(1) the provisions of this title;

(2) any other law of this state relating to alcohol or alcoholic beverages; and

(3) tobacco laws, including tobacco vending machines.

     (b) An enforcement officer may issue a summons for infraction or misdemeanor violations if the defendant promises to appear by signing the summons. A defendant who fails to appear is subject to the penalties provided by IC 35-44.1-2-10. Upon failure to appear, the court shall issue a warrant for the arrest of the defendant.

     (c) In addition to the authority of an enforcement officer under subsection (a), an enforcement officer may act as an officer for the arrest of offenders against the laws of this state if the enforcement officer reasonably believes that a crime is or is about to be committed or attempted in the enforcement officer's presence.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.1; P.L.84-1985, SEC.1; P.L.256-1996, SEC.1; P.L.177-1999, SEC.4; P.L.126-2012, SEC.28.

 

IC 7.1-2-2-9.5Investigation of fraud within electronic benefits transfer program

     Sec. 9.5. The state excise police may investigate fraud within the electronic benefits transfer program, as set forth in IC 12-13-14-14.

As added by P.L.197-2013, SEC.3.

 

IC 7.1-2-2-10Enforcement officer; bond and oath of office

     Sec. 10. Enforcement Officers: Bond and Oath of Office. Each enforcement officer shall execute a surety bond in the amount of one thousand dollars ($1,000), with surety approved by the commission, and an oath of office, both of which shall be filed with the executive secretary of the commission.

[Pre-1973 Recodification Citation: 7-2-1-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-2-11Enforcement officer; worker's compensation and occupational disease

     Sec. 11. (a) The injury to, the injury to the health of, or the death of, an enforcement officer shall be compensable under the appropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury, injury to the health, or death, arises out of, and in the course of, the performance of the officer's duties as an enforcement officer.

     (b) For the purposes of subsection (a), and of IC 22-3-2 through IC 22-3-7, an enforcement officer shall be conclusively presumed to have accepted the compensation provisions provided in them.

[Pre-1973 Recodification Citation: 7-2-1-3.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.28-1988, SEC.3.

 

IC 7.1-2-2-11.5Retired law enforcement officer; retention of service weapon; badge and identification card

     Sec. 11.5. An eligible enforcement officer who retires with at least twenty (20) years of service as an enforcement officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the officer's service to the commission and to the public, a badge that indicates that the officer is retired. The commission shall issue the officer who is retiring an identification card stating the officer's name and rank, signifying that the officer is retired, and noting the officer's authority to retain the service weapon.

As added by P.L.1-1992, SEC.27.

 

IC 7.1-2-2-12Employees; discharge of non-probationary enforcement officer

     Sec. 12. (a) The commission shall have the power to employ and remove at will all necessary clerks, stenographers, bookkeepers, auditors, accountants, assistants of any nature, and other employees, and to fix their duties, authorities, and, with proper approval, their compensation.

     (b) The superintendent of the enforcement officers may discharge a non-probationary enforcement officer for just cause. The commission shall adopt rules to establish a procedure for the adjudication of the propriety of the discharge of a non-probationary enforcement officer.

[Pre-1973 Recodification Citation: 7-2-1-8.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.347-1995, SEC.1.

 

IC 7.1-2-2-13Enforcement officers; salaries

     Sec. 13. (a) The alcohol and tobacco commission shall categorize salaries of enforcement officers within each rank based upon the rank held and the number of years of service in the commission through the twentieth year. The salary ranges that the board assigns to each rank shall be divided into a base salary and twenty (20) increments above the base salary with:

(1) the base salary in the rank paid to a person with less than one (1) year of service in the commission; and

(2) the highest salary in the rank paid to a person with at least twenty (20) years of service in the commission.

     (b) The salary matrix prescribed by this section shall be reviewed and approved by the budget agency before implementation.

     (c) The salary matrix prescribed by this section must have parity with the salary matrix prescribed by the natural resources commission under IC 14-9-8 for conservation officers of the department of natural resources. The budget agency shall approve a salary matrix that meets the parity requirement of this subsection.

As added by P.L.1-1999, SEC.19. Amended by P.L.204-2001, SEC.21; P.L.234-2007, SEC.305.

 

IC 7.1-2-3Chapter 3. Powers and Duties
           7.1-2-3-1Duties of chairman
           7.1-2-3-2Power to organize
           7.1-2-3-3Forms
           7.1-2-3-4General powers of commission
           7.1-2-3-4.5Limitations upon commission powers
           7.1-2-3-5Enforcement of subpoena
           7.1-2-3-6Rule making
           7.1-2-3-7Rules and regulations
           7.1-2-3-8Conformance to United States law
           7.1-2-3-9Permits
           7.1-2-3-9.1Registry of permits
           7.1-2-3-10Investigations; memorandum of understanding
           7.1-2-3-11Emergencies
           7.1-2-3-12Searches and seizures
           7.1-2-3-13Prevention of subterfuge
           7.1-2-3-14Standards of sanitation
           7.1-2-3-15Destruction of personal property
           7.1-2-3-16Regulation of advertising
           7.1-2-3-16.5"Facility"
           7.1-2-3-17Registration requirements
           7.1-2-3-18Regulation of transportation and containers
           7.1-2-3-19Regulation of records
           7.1-2-3-20Repealed
           7.1-2-3-21Regulation of local boards
           7.1-2-3-22Regulation of business relationships
           7.1-2-3-23Repealed
           7.1-2-3-24Disclosures concerning transportation
           7.1-2-3-25Military bases
           7.1-2-3-26Duty concerning franchise agreements
           7.1-2-3-27Repealed
           7.1-2-3-28Repealed
           7.1-2-3-29Delegation of powers and duties
           7.1-2-3-30Limitation of liability
           7.1-2-3-31Implied powers
           7.1-2-3-32Group purchasing agreements; rules
           7.1-2-3-33Investigations and penalties for violations relating to tobacco or electronic cigarettes
           7.1-2-3-34Expired

 

IC 7.1-2-3-1Duties of chairman

     Sec. 1. Duties of Chairman. The chairman shall be the presiding officer at the meetings of the commission. The chairman, together with the executive secretary, shall prepare, certify and authenticate all proceedings, minutes, records, rules and regulations of the commission. The chairman also shall perform all other duties as imposed by this title.

[Pre-1973 Recodification Citations: 7-1-1-5; 7-2-1-5.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-2Power to organize

     Sec. 2. Power to Organize. The commission shall have the power to organize its work and carry on the functions of the commission and to enforce and administer the provisions of this title and the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(1).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-3Forms

     Sec. 3. Forms. The commission, in accordance with IC 5-15-5.1, shall have the power to prescribe the forms for all applications, permits, licenses, and other documents and records used in the administration of this title.

[Pre-1973 Recodification Citation: 7-1-1-5(15).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.40, SEC.18.

 

IC 7.1-2-3-4General powers of commission

     Sec. 4. General Powers of Commission. The commission shall have the power:

(a) to hold hearings before the commission or its representative;

(b) to take testimony and receive evidence;

(c) to conduct inquiries with or without hearings;

(d) to receive reports of investigators or other governmental officers and employees;

(e) to administer oaths;

(f) to subpoena witnesses and to compel them to appear and testify;

(g) to issue and enforce subpoenas duces tecum;

(h) to take or institute proceedings to enforce subpoenas, the rules and regulations, orders, or requirements of the commission or its representative;

(i) to fix the compensation paid to witnesses appearing before the commission;

(j) to establish and use a seal of the commission;

(k) to certify copies of records of the commission or any other document or record on file with the commission;

(l) to fix the form, mode, manner, time, and number of times for the posting or publication of any required notices if not otherwise provided in this title;

(m) to issue letters of extension as authorized by IC 7.1-3-1-3.1; and

(n) to hold permits on deposit as authorized by IC 7.1-3-1-3.5.

[Pre-1973 Recodification Citation: 7-1-1-5(16).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.2.

 

IC 7.1-2-3-4.5Limitations upon commission powers

     Sec. 4.5. The commission and the chairman may exercise only those express powers enumerated in this title; however, this section does not limit the powers granted to the commission by section 31 of this chapter.

As added by Acts 1982, P.L.69, SEC.3.

 

IC 7.1-2-3-5Enforcement of subpoena

     Sec. 5. Enforcement of Subpoena. The commission shall have the authority to petition the circuit or superior court of the county in which the hearing or investigation is being held to compel obedience to the lawful requirements of its subpoena under this title.

[Pre-1973 Recodification Citation: 7-1-1-5.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-6Rule making

     Sec. 6. Rule Making. The rules and regulations of the commission shall be made, promulgated, filed and published pursuant to the provisions of IC 1971, 4-22-2, as amended.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-7Rules and regulations

     Sec. 7. Rules and Regulations. The commission shall have the power to promulgate rules and regulations governing:

     (a) The conduct of the meetings and business of the commission;

     (b) The conduct of hearings before any of the commission's representatives;

     (c) The conduct of the business of a permittee authorized or governed by the provisions of this title;

     (d) The enforcement of the provisions of this title and of the rules and regulations of the commission;

     (e) The standards of purity and methods of manufacturing used in the production of alcohol and alcoholic beverages;

     (f) The prevention of misbranding or adulteration of alcohol or alcoholic beverages; and,

     (g) The prevention of fraud, evasion, trickery, or deceit in the manufacture, labeling, importation, advertisement, transportation, or sale of alcohol or alcoholic beverages, or the evasion of other laws of Indiana relating to alcohol or alcoholic beverages.

[Pre-1973 Recodification Citations: 7-1-1-5(3); 7-1-1-5(4).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-8Conformance to United States law

     Sec. 8. Conformance to United States Law. The commission shall have the power to conform, to adapt, or to coordinate, to the extent the commission deems proper, the practices, methods, standards, and rules and regulations governing the traffic in alcohol and alcoholic beverages, with the practices, methods, standards and rules and regulations established by an officer or agency of the United States government.

[Pre-1973 Recodification Citation: 7-1-1-5(10).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-9Permits

     Sec. 9. Permits. The commission shall have the discretionary authority to issue, deny, suspend, revoke, or not renew all permits authorized by this title, unless the exercise of discretion or authority is limited by applicable provisions of this title.

[Pre-1973 Recodification Citation: 7-1-1-5(2).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-9.1Registry of permits

     Sec. 9.1. (a) The commission shall prepare and maintain, available for public inspection, a registry of all retailer and dealer permits (including supplemental permits) issued by it, categorized by type of permit and by the type of establishment to which it is issued. The registry of permits shall:

(1) be subdivided on a county by county basis, and further subdivided by city, town, and unincorporated area;

(2) contain the number of permits authorized by the quota, and the number of permits currently issued;

(3) contain the name of the owner of the permit, the address of the licensed premises, the assumed business name under which the business is conducted, and, if a corporation, the names of the president and secretary; and

(4) be made current annually, to indicate by specific notation any new permits that were issued or any existing permits that were transferred in any manner within the prior year.

     (b) The commission shall distribute one (1) complete copy of the registry of permits for that particular county to each county clerk, at no cost to the county clerk, each time the registry is made current. The county clerk shall immediately notify the county treasurer that the registry has been received and make the registry available for copying by the county treasurer. Each county clerk shall maintain a copy of the registry of permits available for public inspection in the county clerk's office during normal business hours.

     (c) The commission shall provide for the sale of the registry of permits to the public on a cost basis, both as a complete statewide registry and as a countywide registry.

As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985, SEC.1; P.L.106-1995, SEC.3.

 

IC 7.1-2-3-10Investigations; memorandum of understanding

     Sec. 10. (a) The commission shall have the power to investigate the violation of a provision of this title and of the rules and regulations of the commission and to report its findings to the prosecuting attorney or the grand jury of the county in which the violation occurred, or to the attorney general.

     (b) The commission shall enter a memorandum of understanding with the Indiana gaming commission authorizing the commission's unlawful gaming enforcement division to conduct revocation actions resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 as authorized by the following statutes:

(1) IC 7.1-3-18.5.

(2) IC 7.1-3-23-2(b).

(3) IC 7.1-3-23-5.

     (c) A memorandum of understanding entered into under this section must comply with the requirements of IC 4-33-19-8.

     (d) The memorandum of understanding required by this section must be entered into before January 1, 2008.

[Pre-1973 Recodification Citation: 7-1-1-5(5).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.60; P.L.94-2008, SEC.5.

 

IC 7.1-2-3-11Emergencies

     Sec. 11. Emergencies. The commission shall have the power to prohibit the sale, transportation or movement of alcoholic beverages when, in the judgment of the commission, it is necessary during a time of public emergency, civil disturbance, riot, or epidemic. The prohibition may be imposed without prior notice or advertisement and may be continued in force as long as the need continues.

[Pre-1973 Recodification Citation: 7-1-1-5(6).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-12Searches and seizures

     Sec. 12. Searches and Seizures. (a) The commission shall have the power to examine, inspect and search a licensed premises or a vehicle where alcohol, alcoholic beverages, or malt articles are kept, manufactured or sold.

     (b) The commission shall have the power to seize alcohol, alcoholic beverages, malt articles, or any other personal property when the seizure is lawful under the provisions of this title.

[Pre-1973 Recodification Citation: 7-1-1-5(7).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-13Prevention of subterfuge

     Sec. 13. Prevention of Subterfuge. The commission shall have the power to prevent a part of the premises connected with, or in any way used in connection with, a licensed premises from being used as a subterfuge or means of evading the provisions of this title or of the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(8).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-14Standards of sanitation

     Sec. 14. The commission shall have the power to set standards of cleanliness and sanitation for a licensed premises and for the apparatus, equipment, utensils, accessories, articles, and fixtures used or employed in the licensed premises. The commission shall have the power to require the aid of the state department of health, any local board of health, and any health officer in this state to fix and enforce these standards.

[Pre-1973 Recodification Citation: 7-1-1-5(9).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.2-1992, SEC.74.

 

IC 7.1-2-3-15Destruction of personal property

     Sec. 15. Destruction of Personal Property. The commission shall have the power to require the destruction or removal of bottles, whether empty or not, cases, containers, apparatus, or devices, used or likely to be used, in evading, violating, or preventing the enforcement of the provisions of this title or of the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(11).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-16Regulation of advertising

     Sec. 16. (a) The commission shall have the power to regulate and prohibit advertising, signs, displays, posters, and designs intended to advertise an alcoholic beverage or the place where alcoholic beverages are sold.

     (b) The commission shall not exercise the prohibition power contained in subsection (a), as to any advertisement appearing in a newspaper which:

(1) is published at least once a week;

(2) regularly publishes information of current news interest to the community; and

(3) circulates generally to the public in any part of this state, regardless of where printed.

However, a newspaper shall not include publications devoted to special interests such as labor, religious, fraternal, society, or trade publications or journals, or publications owned or issued by political organizations or parties.

     (c) The commission shall not exercise the prohibition power contained in subsection (a) as to any advertisement broadcast over duly licensed radio and television stations.

     (d) All advertisements relating to alcoholic beverages, whether published in a newspaper or broadcast over radio or television, shall conform to the rules and regulations of the commission.

     (e) The commission shall not exercise the prohibition power contained in subsection (a) as to advertising in the official program of the Indianapolis 500 Race or the Madison Regatta, Inc., Hydroplane Race.

     (f) Notwithstanding any other law, the commission may not prohibit the use of an illuminated sign advertising alcoholic beverages by brand name that is displayed within the interior or on the exterior of the premises covered by the permit, regardless of whether the sign is illuminated constantly or intermittently. However, it is unlawful for a primary source of supply or a wholesaler of alcoholic beverages to sell, give, supply, furnish, or grant to, or maintain for a retail or dealer permittee an illuminated advertising sign in a manner that violates the trade practice restrictions of the commission or this title. It is unlawful for a retail or dealer permittee to receive, accept, display, or permit to be displayed, an illuminated advertising sign sold, given, supplied, furnished, granted, or maintained in violation of this subsection. Unless otherwise stated, when a recipient receives an illuminated sign, the illuminated sign becomes the property and responsibility of the recipient.

     (g) The commission may not prohibit the advertisement of:

(1) alcoholic beverages; or

(2) a place where alcoholic beverages may be obtained;

in a program, scorecard, handbill, throw-away newspaper, or menu; however, those advertisements must conform to the rules of the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(12).]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1; Acts 1975, P.L.70, SEC.1. As amended by P.L.98-1983, SEC.1; P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.

 

IC 7.1-2-3-16.5"Facility"

     Sec. 16.5. (a) As used in this section, "facility" includes the following:

(1) A facility to which IC 7.1-3-1-25(a) applies.

(2) A tract that contains a premises that is described in IC 7.1-3-1-14(c)(2).

(3) A horse track or satellite facility to which IC 7.1-3-17.7 applies.

(4) A riverboat or racetrack to which IC 7.1-3-17.5 applies.

(5) A tract that contains an entertainment complex.

     (b) As used in this section, "tract" has the meaning set forth in IC 6-1.1-1-22.5.

     (c) A facility may advertise alcoholic beverages:

(1) in the facility's interior; or

(2) on the facility's exterior.

     (d) The commission may not exercise the prohibition power contained in section 16(a) of this chapter on advertising by a brewer, distiller, rectifier, or vintner in or on a facility.

     (e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility may provide advertising to a permittee that is a brewer, an artisan distiller, a distiller, a rectifier, or a vintner in exchange for compensation from that permittee.

As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2; P.L.71-1996, SEC.2; P.L.72-2004, SEC.3; P.L.15-2011, SEC.10; P.L.109-2013, SEC.2.

 

IC 7.1-2-3-17Registration requirements

     Sec. 17. Registration Requirements. The commission shall have the power to require the registration of all brands, formulas, analyses, labels, and trademarks used, or proposed to be used, in selling or advertising alcoholic beverages. The commission shall not have the power to require the disclosure of formulas that are verified trade secrets.

[Pre-1973 Recodification Citation: 7-1-1-5(13).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-18Regulation of transportation and containers

     Sec. 18. Regulation of Transportation and Containers. The commission shall have the power to regulate the modes and methods of dealing in, and the transportation of, alcoholic beverages. The commission also shall have the power to regulate the types of containers in which alcoholic beverages may be lawfully transported and delivered.

[Pre-1973 Recodification Citations: 7-1-1-5(14); 7-1-1-5(17).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-19Regulation of records

     Sec. 19. Regulation of Records. The commission shall have the power to:

     (a) Prescribe the manner and methods by which all records relating to alcoholic beverages are kept and preserved;

     (b) Inspect all records relating to alcoholic beverages; and,

     (c) Require true copies of any record to be made and furnished to the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(14).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-20Repealed

[Pre-1973 Recodification Citation: 7-1-1-5(14).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2010, SEC.38. Repealed by P.L.196-2015, SEC.2.

 

IC 7.1-2-3-21Regulation of local boards

     Sec. 21. Regulation of Local Boards. The commission shall have the power to prescribe the procedure to be observed by local alcoholic beverage boards and for investigations before these boards.

[Pre-1973 Recodification Citation: 7-1-1-5(18).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-22Regulation of business relationships

     Sec. 22. Regulation of Business Relationships. The commission shall have the power to ascertain the business relationships, including non-alcoholic beverage business relationships, between permittees under this title. The commission shall have the power to regulate or prohibit a practice, relationship, or dealing by or between permittees, which in the judgment of the commission is inimical to or a violation of a provision of this title or of a rule or regulation of the commission. The commission may take action in these matters by rule or regulation or by individual order upon hearing after five (5) days notice to the effected permittee.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-23Repealed

[Pre-1973 Recodification Citation: 7-1-1-8(3).]

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.

 

IC 7.1-2-3-24Disclosures concerning transportation

     Sec. 24. Disclosures Re Transportation. The commission may require that, prior to the importation or transportation of an alcoholic beverage into this state by an authorized permittee, he shall submit written, verified, information concerning the proposed importation or transportation and execute and file any documents required. The commission shall have the power also to inspect the shipments in transit and the vehicle used in the importation or transportation.

[Pre-1973 Recodification Citation: 7-1-1-42(c).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-25Military bases

     Sec. 25. Military Bases. The commission may authorize the sale of an alcoholic beverage to an officer, or other person legally entitled to purchase it, and the delivery of it to that person on a military reservation or other reservation within this state which is under the authority of the United States government and if the sale and delivery is otherwise lawful.

[Pre-1973 Recodification Citation: 7-1-1-42(t).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-26Duty concerning franchise agreements

     Sec. 26. Duty Re Franchise Agreements. The commission shall investigate a violation of a provision of IC 1971, 7.1-3-3-17 and 7.1-5-5-9, and shall have the power to enforce conformance with a provision of an injunction issued under the authority of these sections.

[Pre-1973 Recodification Citation: 7-2-1-23(c).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-27Repealed

[Pre-1973 Recodification Citation: 7-2-1-24.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.2.

 

IC 7.1-2-3-28Repealed

[Pre-1973 Recodification Citation: 7-2-1-6.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.6, SEC.36.

 

IC 7.1-2-3-29Delegation of powers and duties

     Sec. 29. Delegation of Powers and Duties. The commission, unless otherwise specifically provided, may delegate the powers and duties conferred on it in this title to responsible employees of the commission, but the commission shall maintain final responsibility.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-30Limitation of liability

     Sec. 30. Limitation of Liability. The members of the commission, their officers and employees shall be exempt from civil liability for an act or omission done under the authority, or the color of authority, conferred by this title or by a rule, regulation, or order of the commission. However, they shall be liable to the State of Indiana for their acts and omissions.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-31Implied powers

     Sec. 31. Implied Powers. The commission and the chairman shall have, in addition to the express powers enumerated in this title, the authority to exercise all powers necessary and proper to carry out the policies of this title and to promote efficient administration by the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-3-32Group purchasing agreements; rules

     Sec. 32. (a) The commission, by rule, may provide procedures whereby two (2) or more retailers and dealers may enter into a formal group purchasing agreement for the purpose of purchasing alcoholic beverages from permittees authorized to sell alcoholic beverages to them.

     (b) If the commission exercises the power granted in subsection (a), the rule shall make provisions for at least the following:

(1) the formal requirements of a group purchasing agreement;

(2) the vesting of title to the alcoholic beverages purchased under a group purchasing agreement;

(3) the transportation by retailers and dealers of the alcoholic beverages purchased under a group purchasing agreement;

(4) the purchase and transportation of alcoholic beverages by retailers and dealers, whether they are parties to a group purchasing agreement or not, as a result of a service interruption or other emergency; and

(5) the filing requirements of a group purchasing agreement or any amendments or additions thereto.

As added by P.L.85-1985, SEC.2.

 

IC 7.1-2-3-33Investigations and penalties for violations relating to tobacco or electronic cigarettes

     Sec. 33. The commission is authorized to:

(1) investigate a violation of; and

(2) enforce a penalty for a violation of;

IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8.

As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003, SEC.5; P.L.214-2016, SEC.1.

 

IC 7.1-2-3-34Expired

As added by P.L.186-2011, SEC.1. Expired 7-1-2012 by P.L.186-2011, SEC.1.

 

IC 7.1-2-4Chapter 4. Local Boards
           7.1-2-4-1Local boards created
           7.1-2-4-2Qualifications of appointed members
           7.1-2-4-3Qualifications of designated members
           7.1-2-4-4Repealed
           7.1-2-4-5Composition
           7.1-2-4-6Appointments
           7.1-2-4-7Composition; two-cities exception
           7.1-2-4-8Composition; no city exception
           7.1-2-4-9Order of appointments
           7.1-2-4-10Appointments; time limits
           7.1-2-4-11Ad interim appointments
           7.1-2-4-12Commission appointments
           7.1-2-4-13Terms of office
           7.1-2-4-13.5Training of members
           7.1-2-4-14Local board organization
           7.1-2-4-15Meetings
           7.1-2-4-16Quorum and voting
           7.1-2-4-17Compensation
           7.1-2-4-18Additional compensation
           7.1-2-4-19Mileage
           7.1-2-4-20Oath of office
           7.1-2-4-21Removal from office
           7.1-2-4-22Oral comments at meetings

 

IC 7.1-2-4-1Local boards created

     Sec. 1. Local Boards Created. There is hereby created in each county a local board to be known as the "Alcoholic Beverage Board of __________ County."

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-2Qualifications of appointed members

     Sec. 2. Qualifications of Appointed Members. An appointed member of a local board shall possess the following qualifications:

     (a) He shall be twenty-one (21) years of age or older;

     (b) He shall have been a bona fide resident of the county in which he is to serve for at least five (5) years immediately preceding his appointment;

     (c) He shall never have been convicted of a felony under the laws of this state or of the United States; and,

     (d) He shall have a good moral character.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-3Qualifications of designated members

     Sec. 3. Qualifications of Designated Members. The designated member of a local board shall be a person of good moral character, a resident of Indiana and familiar with the laws of Indiana concerning alcoholic beverages. The designated member may be an officer or employee of the commission.

[Pre-1973 Recodification Citation: 7-2-1-8.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-4Repealed

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

 

IC 7.1-2-4-5Composition

     Sec. 5. Composition. A local board shall be composed of four (4) members who are qualified for their positions according to this chapter, and who, other than the designated representative of the commission, do not hold other lucrative public office or employment.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-6Appointments

     Sec. 6. Appointments. A local board shall be composed of three (3) appointed members and one (1) designated member. One (1) of the appointed members shall be appointed by the board of county commissioners of the county in which the board is to perform its duties. One (1) of the appointed members shall be appointed by the county council of the county in which the board is to perform its duties. One (1) of the appointed members shall be appointed by the mayor of the city within the county having the largest population. The designated member of the board shall represent the commission and shall be designated by the commission.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-7Composition; two-cities exception

     Sec. 7. Composition: Two-Cities Exception. In a county in which there are located two (2) or more cities, each having a population of more than ten thousand (10,000), as to all applications for permits which apply to premises within the corporate limits of one (1) of the cities, the local board shall consist of the designated member, the appointed members appointed by the board of county commissioners and the county council, and a member appointed by the mayor of the effected city.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-8Composition; no city exception

     Sec. 8. If there is no city within a county, the executive of the town within the county having the largest population shall make the one (1) appointment to the local board normally made by the executive of the largest city.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.33.

 

IC 7.1-2-4-9Order of appointments

     Sec. 9. The order of appointments to a local board shall be as follows:

(1) The board of commissioners of a county shall make its appointment first.

(2) The city or town executive, as the case may be, shall make the executive's appointment second.

(3) The county fiscal body shall make its appointment third.

(4) The commission shall designate its representative fourth.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.34; P.L.4-1991, SEC.136.

 

IC 7.1-2-4-10Appointments; time limits

     Sec. 10. The county executive and fiscal body and the city or town executive, as the case may be, shall make their appointments to the local board within fifteen (15) days after being notified by the commission by registered mail to do so. The commission may extend this time limit by an additional fifteen (15) days.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.35.

 

IC 7.1-2-4-11Ad interim appointments

     Sec. 11. Ad Interim Appointments. The commission shall have the power to make an ad interim appointment to a local board if the required appointment is not made within the applicable time limit. An ad interim appointee shall have full power to act as a member of the local board for a period of sixty (60) days and as much longer as is required to complete an investigation or questionnaire begun during his temporary appointment.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-12Commission appointments

     Sec. 12. Commission Appointments. The commission shall have the power to make an appointment to a local board if the required appointment is not made within one hundred (100) days following the mailing of the first notice requesting that the appointment be made.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-13Terms of office

     Sec. 13. Terms of Office. The term of office of an appointed member, other than an ad interim appointee, shall be for one (1) year from the date of his appointment and until his successor is appointed and qualified. The designated representative of the commission shall not have any specific term on any particular local board.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-13.5Training of members

     Sec. 13.5. (a) This section does not apply to a designated member of the local board who is an employee or officer of the commission.

     (b) A local board member shall complete a training program conducted by the commission. A local board member may not be required to take a test or an examination or pay a fee in order to complete the training program.

     (c) The training program must include training on all the following subjects:

(1) An overview of Indiana alcoholic beverage law and enforcement.

(2) Duties and responsibilities of the board concerning new permit applications, permit transfers, and renewal of existing permits.

(3) The open door law (IC 5-14-1.5) and the public records law (IC 5-14-3).

(4) Notice and hearing requirements.

(5) The process for appeal of an adverse decision of the board.

(6) Any other subject determined by the commission.

     (d) A local board member must complete the training program not more than one hundred eighty (180) days after the member is appointed to the board. A local board member who does not complete the training program within the time allowed by this subsection shall be removed from the board under section 21 of this chapter.

As added by P.L.94-2008, SEC.6.

 

IC 7.1-2-4-14Local board organization

     Sec. 14. Local Board Organization. A local board shall meet and organize immediately following the appointment of its members. The local board shall elect one (1) of its members to serve as president. The president shall preside at the meetings of the board and shall sign the minutes of meetings. The local board also shall elect one (1) of its members to serve as secretary. The secretary shall keep the minutes of meetings and other records, attest the signature of the president and perform other duties assigned to him by the board.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-15Meetings

     Sec. 15. Meetings. Meetings of the local board shall be held in the office of the clerk of the circuit court, or at another place provided by the board of county commissioners. It shall be the duty of a member to attend the meetings of his board and to discharge the duties of his office. Any member of a local board may administer oaths. A meeting of a local board called for the purpose of a public investigation of an application for a permit may be continued from day to day, or adjourned until a later meeting of the local board in the discretion of the designated representative of the commission.

[Pre-1973 Recodification Citations: 7-1-1-5(19); 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-16Quorum and voting

     Sec. 16. Quorum and Voting. Three (3) members of a local board shall constitute a quorum for the transaction of business. A local board may take action only upon the affirmative votes of at least three (3) of its members.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-17Compensation

     Sec. 17. Compensation. As compensation for services, an appointed member of a local board shall receive an annual salary in the amount of two hundred forty dollars ($240), from the state, paid in twelve (12) equal, monthly installments.

[Pre-1973 Recodification Citations: 7-1-1-5(19); 7-2-4-1.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-18Additional compensation

     Sec. 18. Additional Compensation. An appointed member of a local board shall receive, in addition to the annual salary, compensation from the state at the rate of three dollars ($3.00), for each application on which he is required to, and does, investigate and report. The additional compensation shall be paid within sixty (60) days after the required questionnaire has been completed in due form, signed by the member, and delivered to the commission in duplicate.

[Pre-1973 Recodification Citation: 7-2-4-1.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-19Mileage

     Sec. 19. An appointed member of a local board shall receive mileage at the same rate per mile as is provided for state employees in the state travel policies and procedures established by the department of administration and approved by the state budget agency for each mile, in excess of two (2) miles per day, traveled by him in necessary attendance at the meetings of the local board. The claim for mileage shall be certified by the member and filed with the commission. The claim for mileage shall be paid by the state at the expiration of sixty (60) days after the questionnaire covering an application investigated at the meeting of the local board in respect to which the mileage is claimed has been filled out and signed by the member.

[Pre-1973 Recodification Citation: 7-2-4-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.3.

 

IC 7.1-2-4-20Oath of office

     Sec. 20. Oath of Office. An appointed member of a local board shall execute an oath of office in duplicate. One (1) copy of the oath shall be filed in the office of the clerk of the circuit court of the judicial circuit in which the local board sits. The other copy shall be filed with the chairman.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-21Removal from office

     Sec. 21. Removal from Office. An appointed member of a local board may be removed from office only for good cause. The commission shall give the member a written copy of the charges against him and shall fix the time, which shall not be less than five (5) days thereafter, when the member may appear before the commission and show cause why he should not be removed. The commission shall establish procedures for the removal of an appointed member of a local board. The findings and determinations of the commission in respect to a removal shall be final.

[Pre-1973 Recodification Citation: 7-1-1-5(19).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-4-22Oral comments at meetings

     Sec. 22. (a) A local board shall allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. However, a local board may set a reasonable limit on the amount of time allowed to each individual to provide oral comment.

     (b) A local board may give greater weight to oral comments provided by a person who:

(1) owns or operates a business that is located; or

(2) owns real property or resides;

not more than one thousand (1,000) feet from the location for which a permit is requested.

As added by P.L.94-2008, SEC.7.

 

IC 7.1-2-5Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales
           7.1-2-5-1Issuance of warrant
           7.1-2-5-2Service of warrant
           7.1-2-5-3Seizures
           7.1-2-5-4Disposition of articles pending judgment
           7.1-2-5-5Property rights limited
           7.1-2-5-6Certain property rights prohibited
           7.1-2-5-7Illegal transportation; property rights limited
           7.1-2-5-8Forfeiture to state
           7.1-2-5-9Opinion evidence
           7.1-2-5-10Repealed
           7.1-2-5-11Evidence of misbranding
           7.1-2-5-12Oral evidence
           7.1-2-5-13Destroyed evidence
           7.1-2-5-14Sale of property seized from owner
           7.1-2-5-15Sale of property seized from non-owner
           7.1-2-5-16Rights of lien holders
           7.1-2-5-17Conduct of sale

 

IC 7.1-2-5-1Issuance of warrant

     Sec. 1. A judge of any court may issue a warrant to search a house or other place for alcohol, an alcoholic liquid or substance, a still, a distilling apparatus, a tobacco product, or another article that is being possessed, kept, sold, bartered, given away, used, or transported in violation of this title.

[Pre-1973 Recodification Citation: 7-1-1-34.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-1990, SEC.87; P.L.94-2008, SEC.8.

 

IC 7.1-2-5-2Service of warrant

     Sec. 2. Service of Warrant. The warrant shall be directed to the officer, agent, or employee of the commission who filed the affidavit for the warrant and otherwise it shall be directed to any officer who has the power to serve criminal process. The warrant shall be served by the person to whom it was issued in the daytime or nighttime and the return made within twenty (20) days from the date of issue.

[Pre-1973 Recodification Citation: 7-1-1-34.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-3Seizures

     Sec. 3. Seizures. The officer who serves the warrant shall seize any article described in the warrant and any other article that he may find during the search that is used in the violation of a provision of this title and hold them pending the disposition as may be ordered by the court in which a prosecution may be instituted for the violation of a provision of this title.

[Pre-1973 Recodification Citation: 7-1-1-34.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-4Disposition of articles pending judgment

     Sec. 4. An alcoholic beverage or a tobacco product seized pursuant to this chapter and any other article which may be found on the searched premises and taken under the warrant shall not be taken from the custody of the person who served the warrant by a writ of replevin or other process while the proceedings provided in this chapter are pending. A final judgment of conviction in that proceeding shall be a bar in all cases to an action for recovery of the thing seized or the value of it or damages alleged to have arisen by reason of the seizing and detention of it.

[Pre-1973 Recodification Citation: 7-1-1-35.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.9.

 

IC 7.1-2-5-5Property rights limited

     Sec. 5. All rights of any kind in an alcoholic beverage or a tobacco product of any type, or in a container for an alcoholic beverage, or in an article, apparatus, package, fixture or utensil in which an alcoholic beverage or a tobacco product may be placed, or which is used in connection with it, or a vehicle or conveyance in which an alcoholic beverage or a tobacco product is being transported or which is used for the transportation of an alcoholic beverage or a tobacco product, shall at all times and under all circumstances by whomsoever held, owned, or possessed, be deemed qualified by the right of the state, the commission, and the chairman, to administer, execute and enforce the provisions of this title.

[Pre-1973 Recodification Citation: 7-1-1-36.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.10.

 

IC 7.1-2-5-6Certain property rights prohibited

     Sec. 6. A person shall have no property right of any kind in alcohol, an alcoholic beverage, a malt article, or a tobacco product had, kept, transported, or possessed contrary to law, or in or to a receptacle or container of any kind in which these liquids and articles may be found, or in an unlawful or prohibited receptacle or container, or in a receptacle or container which does not conform to or which is being used contrary to or which is not kept in conformity to a rule or regulation of the commission, or which is being used to contain an alcoholic beverage or tobacco product upon which a tax is due and unpaid, or an adulterated or misbranded alcoholic beverage, or which is being used in an unlawful practice, or a practice contrary to a rule or regulation of the commission.

[Pre-1973 Recodification Citation: 7-1-1-36.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.11.

 

IC 7.1-2-5-7Illegal transportation; property rights limited

     Sec. 7. A person who is interested in illegal transportation, or who has knowledge of it, shall have no right, title, or interest in or to a conveyance of any kind used for the illegal transportation of alcohol, alcoholic beverages, malt articles, or a tobacco product.

[Pre-1973 Recodification Citation: 7-1-1-36.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.12.

 

IC 7.1-2-5-8Forfeiture to state

     Sec. 8. An officer who makes an arrest for a violation of the provisions of this title shall seize the evidence of the commission of that violation, including any vehicle, automobile, boat, air or water craft, or other conveyance in which alcohol, alcoholic beverages, malt articles, or tobacco products are kept, possessed, or transported contrary to law, or contrary to a rule or regulation of the commission. The articles and vehicles mentioned in this section and in sections 5 through 7 of this chapter are hereby declared forfeited to the state and shall be seized.

[Pre-1973 Recodification Citation: 7-1-1-36.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.3-2008, SEC.68; P.L.94-2008, SEC.13.

 

IC 7.1-2-5-9Opinion evidence

     Sec. 9. Opinion Evidence. Testimony concerning the appearance, taste or odor of a beverage or liquid shall be received in evidence in a criminal prosecution under this title, or in a proceeding before the commission or a local board. A witness, either lay or expert, may testify as to his opinion that a beverage or liquid which he has tasted, seen, smelled, or otherwise examined is a particular type of alcoholic beverage.

[Pre-1973 Recodification Citation: 7-1-1-39.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-10Repealed

[Pre-1973 Recodification Citation: 7-1-1-39(2).]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.63-1990, SEC.1.

 

IC 7.1-2-5-11Evidence of misbranding

     Sec. 11. Evidence of Misbranding. An unbroken bottle which contains, or has contained, liquor or wine and which bears a brand, label, trade-mark, name or other device, marking, inscription, or a reference to quality, nature, character, origin, or manufacturer of the alcoholic beverage contents of that bottle, that has been altered, defaced, restored, or upon which the tax stamp of the federal government has been forged, counterfeited, restored, or reused, or which brand, label, trade-mark, name or other device, marking or inscription does not truly describe the contents or former contents shall be received in evidence in a court as prima facie proof that the person chargeable with the possession of it either is, or was, or both, maintaining a public nuisance and either is, or was, or both, keeping and possessing misbranded or adulterated alcoholic beverages.

[Pre-1973 Recodification Citation: 7-1-1-39.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.4.

 

IC 7.1-2-5-12Oral evidence

     Sec. 12. The court shall receive oral testimony also upon a matter referred to in section 11 of this chapter for the purpose of showing a violation of this title whether the bottle is offered in evidence or not.

[Pre-1973 Recodification Citation: 7-1-1-39(2).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2009, SEC.62.

 

IC 7.1-2-5-13Destroyed evidence

     Sec. 13. Destroyed Evidence. If a fluid is poured out or otherwise destroyed or carried away by the tenant or other person when a premises is being searched, the fluid shall be held to be, prima facie, an alcoholic beverage held or possessed contrary to this title and intended for unlawful possession and sale. Proof of the possession of an empty bottle, keg, case and vessel that has contained a destroyed alcoholic beverage shall be admitted as evidence of the illegal possession of that alcoholic beverage.

[Pre-1973 Recodification Citation: 7-1-1-39(5).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-14Sale of property seized from owner

     Sec. 14. Sale of Property Seized from Owner. The court, upon conviction of the owner, shall order that personal property of any type seized under this title and which has been found to have been used, kept or possessed in violation of this title shall be sold by the chairman if the property has commercial value and may be purchased and used legally. The court shall order the chairman, or the sheriff, to destroy the property if it has no commercial value or cannot be purchased and used legally. However, the court shall enter its order of sale or destruction only after an opportunity has been given to the owner for a hearing concerning the proposed order.

[Pre-1973 Recodification Citation: 7-1-1-40.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-15Sale of property seized from non-owner

     Sec. 15. Sale of Property Seized from Non-Owner. The court, upon the conviction of a person other than the owner, found in charge or possession of personal property seized under this title, or upon written petition of the chairman if no person is found in charge of or in possession of the seized property, and if the court, upon hearing, finds that any of the personal property was used, kept, or possessed in violation of this title, with the knowledge of the owner, shall order the property disposed of as provided in IC 1971, 7.1-2-5-14. However, the court shall enter its order of sale or destruction only after an opportunity for a hearing has been given by not less than ten (10) days' notice to the owner, if he is known, or if he is not known, then by notice of the seizure of the property, with a description of it, by publication one (1) time in a newspaper of general circulation published in the county seat of the county of the court having jurisdiction. If there is no newspaper published in the county seat, the notice shall be published in a newspaper of a general circulation in the county. Notice published in a newspaper shall be given not less than ten (10) days prior to the time fixed for the hearing.

[Pre-1973 Recodification Citation: 7-1-1-40.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-16Rights of lien holders

     Sec. 16. Rights of Lien Holders. A lien holder, by intervention at a hearing as provided in IC 1971, 7.1-2-5-14, or 7.1-2-5-15, or in another proceeding brought for that purpose, at any time before the sale of property ordered sold, may have his lien determined and his priority fixed. Liens determined under this section shall be transferred to and attached to the proceeds of the sale of the property.

[Pre-1973 Recodification Citation: 7-1-1-40.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-5-17Conduct of sale

     Sec. 17. Property ordered sold by a court under the provisions of section 14 or 15 of this chapter shall be sold by the chairman at public auction in any county in which he may deem it most advantageous to sell the property. The chairman shall give one (1) week's notice of the sale prior to the sale. The notice shall be published in the county seat of the county in which the sale is to be made. Property which has a commercial value and which may be lawfully purchased may be sold to any person. The proceeds of the sale, after deducting necessary costs and charges, including fees for publication, and payment of liens shall be paid to the chairman for deposit under IC 7.1-4-10-3.

[Pre-1973 Recodification Citation: 7-1-1-40.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.105-1995, SEC.4.

 

IC 7.1-2-6Chapter 6. Remedies: Public Nuisances
           7.1-2-6-1Public nuisance; places
           7.1-2-6-2Public nuisance; acts
           7.1-2-6-3Public nuisance; untaxed liquor
           7.1-2-6-4Abatement of public nuisance
           7.1-2-6-5Available remedies
           7.1-2-6-6Evidence of federal tax payment
           7.1-2-6-7Order of court
           7.1-2-6-8Conditions of bond
           7.1-2-6-9Recovery on bond
           7.1-2-6-10Abatement upon conviction
           7.1-2-6-11Injunction pending trial
           7.1-2-6-12Action by commission
           7.1-2-6-13Action by commission; representation
           7.1-2-6-14Remedies cumulative

 

IC 7.1-2-6-1Public nuisance; places

     Sec. 1. (a) The following are declared to be a public nuisance:

(1) A room, a house, a building, a boat, a structure, an automobile, other vehicle, or place of any kind where at least one (1) of the following occurs:

(A) An alcoholic beverage of any type is sold, possessed, manufactured, bartered, or given away in violation of law or a rule of the commission.

(B) A person is permitted to resort for the purpose of drinking an alcoholic beverage of any type in violation of law.

(2) A place where alcoholic beverages are kept for sale, barter, or gift in violation of law or in violation of a rule of the commission, and all alcoholic beverages and all other property kept in and used in maintaining a place.

(3) The business property of a person who knowingly or intentionally sells, possesses, manufactures, barters, or gives away alcoholic beverages in violation of law or a rule of the commission.

     (b) The plaintiff in an action to abate a public nuisance under subsection (a)(3) must prove that the owner of the business had actual knowledge of the actions alleged to constitute a nuisance.

     (c) In determining whether the owner of a business should be held liable for failing to abate a public nuisance under subsection (a)(3), the court shall consider the efforts the owner of the business took to abate the public nuisance, including whether the police department that serves the business owner's property had been notified by the business owner or the owner's employee of the actions alleged to constitute the public nuisance.

[Pre-1973 Recodification Citation: 7-1-1-37.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.1.

 

IC 7.1-2-6-2Public nuisance; acts

     Sec. 2. Public Nuisance: Acts. An act or practice, or manner of conducting a business by a permittee contrary to a provision of this title or to a rule or regulation of the commission, or by a person not a permittee contrary to a provision of this title, shall also constitute a public nuisance if done, carried on, or permitted to take place in a building or upon a premises in or on which an alcoholic beverage is possessed, kept, stored, or consumed, or upon a vehicle, or conveyance in or on which an alcoholic beverage is being kept, stored, consumed, conveyed, transported, or imported into this state contrary to this title, or contary to a rule or regulation of the commission.

[Pre-1973 Recodification Citation: 7-1-1-37.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-3Public nuisance; untaxed liquor

     Sec. 3. Public Nuisance: Untaxed Liquor. A malt article, liquid, alcoholic beverage, or container of a substance or beverage in respect to which an excise tax or license fee is imposed under this title and upon which the tax or fee has not been paid, the receptacle in which it is contained and the premises where it is kept or hidden shall constitute a public nuisance.

[Pre-1973 Recodification Citation: 7-1-1-37.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.5.

 

IC 7.1-2-6-4Abatement of public nuisance

     Sec. 4. Abatement of Public Nuisance. The commission, the chairman, the attorney general, a prosecuting attorney, a permittee authorized to sell alcoholic beverages within the county in which a common nuisance exists, kept, or maintained, or a number of permittees authorized to sell alcoholic beverages within the county or elsewhere within the state, or a taxpayer of the county, may maintain an action in the name of the state to abate and perpetually enjoin a public nuisance, or to abate, or enjoin, or both, a practice, or conduct of a person, whether a permittee or not, in violation of this title or a rule or regulation of the commission.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-5Available remedies

     Sec. 5. Available Remedies. The plaintiff in an action to abate a public nuisance shall not be required to give bond in the action. A temporary restraining order, a preliminary injunction, a permanent injunction, and other appropriate relief may be granted in this action as is allowed by the Indiana Rules of Civil Procedure.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-6Evidence of federal tax payment

     Sec. 6. Evidence of Federal Tax Payment. The payment of a federal government special tax by a person, or the possession by him of a stamp or receipt issued to him by the federal government, either as a retail dealer, or as a wholesale dealer in alcoholic beverages, or the possession by him, or the posting by him upon the premises of a stamp, certificate, permit or license issued under the authority of the United States authorizing him to deal in alcoholic beverages shall be prima facie evidence that the named person is engaged in possessing, selling, transporting, giving away or furnishing alcoholic beverages on the covered premises. This section shall apply in a criminal prosecution under this title or in an action to abate or enjoin a public nuisance or unlawful practice or a practice prohibited by a rule or regulation of the commission.

[Pre-1973 Recodification Citation: 7-1-1-39(3).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-7Order of court

     Sec. 7. Order of Court. The court shall order upon final judgment against the defendant that the room, house, building, structure, boat or place of any kind shall be closed for a period of one (1) year. However, the court may order in the alternative that the premises be closed for only a part of the one (1) year period or until the owner, lessee, tenant, or occupant of the premises gives bond with sufficient surety to be approved by the court making the order, in a penal sum of not less than one thousand dollars ($1,000), payable to the State of Indiana.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-8Conditions of bond

     Sec. 8. Conditions of Bond. The bond required by IC 1971, 7.1-2-6-7, shall be conditioned that an alcoholic beverage will not thereafter be manufactured, possessed, sold, bartered, given away, furnished, or otherwise disposed of in or on the public nuisance, or kept in or on it with the intent to sell, barter, give away, or otherwise dispose of it contrary to law or to a rule or regulation of the commission. The bond shall be conditioned also that the unlawful conduct or practice, or conduct of another person, whether a permittee or not, the violation of this title or of a rule or regulation of the commission, will not be permitted on or in the premises. The bond shall be conditioned further that the defendant will pay all fines, costs, and damages against him for the violation of this title.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-9Recovery on bond

     Sec. 9. Recovery on Bond. The whole amount of the bond filed under this chapter may be recovered as a penalty if a condition of the bond is violated. The penalty recovered shall be for the use of the city or town, or if outside the limits of a city or town, then to the county, in which the premises are situated.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-10Abatement upon conviction

     Sec. 10. Abatement Upon Conviction. A person may file a complaint with the circuit or criminal court of the county in which the offense was committed in a case in which a person has been convicted of a violation of this title, to abate as a public nuisance the real estate or other property involved in the commission of the offense or to enjoin the unlawful conduct or practice on or in the premises. In an abatement action under this section, a certified copy of the record of conviction shall be admissible in evidence and prima facie evidence that the room, house, building, boat, structure, automobile, or other vehicle, or place of any kind set forth and described in the complaint is a public nuisance.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-11Injunction pending trial

     Sec. 11. Injunction Pending Trial. An action seeking relief through an injunction or abatement may be begun, carried on and concluded prior to or during the pending of the criminal prosecution of a defendant arising from or in connection with, or on, or at the room, house, building, boat, structure, automobile, or other vehicle, or place of any kind set out and described in the complaint for the action seeking relief through an injunction or abatement.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-12Action by commission

     Sec. 12. Action by Commission. The commission may enforce a provision of this title or a rule or regulation of the commission against a permittee either by way of seeking a writ of mandate mandating the defendant to comply with a rule or regulation of the commission or by an action for an injunction enjoining a permittee from violating a rule or regulation of the commission whether the conduct of the defendant does or does not constitute a public nuisance within the meaning of this title. A temporary restraining order, preliminary injunction, and a permanent injunction may be granted in such an action without a bond being filed by the plaintiff.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-13Action by commission; representation

     Sec. 13. Action by Commission: Representation. An action authorized by IC 1971, 7.1-2-6-12, shall be brought in the name of the State of Indiana on the relation of the commission. The commission may be represented by an attorney selected by it, or by the attorney general, or by a deputy or assistant attorney general assigned by the attorney general for the purpose of instituting or conducting the action, or by both.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-6-14Remedies cumulative

     Sec. 14. Remedies Cumulative. The remedies authorized by IC 1971, 7.1-2-5, and by this chapter are cumulative and in no sense shall one (1) of the remedies exclude another. The remedies provided in this article shall not limit or remove the power of the commission to revoke a permit.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7Chapter 7. Prevention of Discrimination Against Indiana Products
           7.1-2-7-1Power of commission
           7.1-2-7-2Investigations
           7.1-2-7-3Entrance of orders
           7.1-2-7-4Scope of orders
           7.1-2-7-5Hearing of aggrieved party
           7.1-2-7-6When order becomes final
           7.1-2-7-7Conduct of hearing; appearance by corporation
           7.1-2-7-8Findings
           7.1-2-7-9Reciprocity agreements

 

IC 7.1-2-7-1Power of commission

     Sec. 1. Power of Commission. The commission shall have the duty to make and enter orders with respect to alcoholic beverages manufactured, processed, or transported from, outside this state and imported into this state as will most effectively produce the discontinuance of discrimination by another state, territory, district, political subdivision, municipality, or person against alcoholic beverages produced in Indiana.

[Pre-1973 Recodification Citation: 7-1-3-1.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-2Investigations

     Sec. 2. Investigations. The commission, from time to time, either on its own initiative or on complaint of a resident of this state, shall make, or cause to be made, investigations of the laws, rules, regulations, ordinances and practices of the several states, territories, districts, political subdivisions and municipalities of the United States outside the State of Indiana, relating to alcoholic beverages manufactured or processed in or exported from, this state. The purpose of these investigations shall be to determine whether these laws, rules, regulations, ordinances and practices unfairly or unreasonably discriminate against alcoholic beverages manufactured or processed in or exported from this state, or in favor of a person outside this state.

[Pre-1973 Recodification Citation: 7-1-3-3.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-3Entrance of orders

     Sec. 3. Entrance of Orders. If, upon investigation, the commission finds that discrimination does exist, it shall make and enter one (1) of the following orders: (a) prohibiting the importation, transportation, purchase, receipt, sale, delivery, distribution, or possession into or within this state, of alcoholic beverages, or one (1) or more classes of them, manufactured or processed in or by, or exported from, the place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination; or,

     (b) providing for a levy, assessment, collection and imposition of additional taxes, licenses, fees and restrictions upon or in connection with the privilege of importing, transporting, purchasing, receiving, selling, delivering, distributing or possessing, into or within this state, of alcoholic beverages, or one (1) or more classes of them, which are manufactured or processed in or by, or imported, transported or received from, a place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination.

[Pre-1973 Recodification Citation: 7-1-3-3.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-4Scope of orders

     Sec. 4. Scope of Orders. The commission, in making an order under IC 1971, 7.1-2-7-3, shall not be limited to the products of the particular state, territory, district, political subdivision, municipality or person in which or in whose favor the discrimination is found to exist. The commission may include in its order the alcoholic beverages, or a class of them, manufactured or processed in or by, or imported, transported, or received from any other place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination.

[Pre-1973 Recodification Citation: 7-1-3-3.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-5Hearing of aggrieved party

     Sec. 5. Hearing of Aggrieved Party. A resident of this state who is aggrieved by an order of the commission entered under this chapter, may file, within thirty (30) days after the entrance of the order, his written complaint with the commission asking that the order be vacated or modified on the ground that it is unreasonable, insufficient, or unlawful. The petitioner shall set out in his complaint the facts and reasons on which his claim is based. The complaint shall be set for hearing before the commission not less than thirty (30), nor more than sixty (60), days after it is filed.

[Pre-1973 Recodification Citation: 7-1-3-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-6When order becomes final

     Sec. 6. When Order Becomes Final. An order of the commission entered under this chapter shall become final and shall not thereafter be open to attack for any purpose if a complaint is not filed pursuant to IC 1971, 7.1-2-7-5, within thirty (30) days after the entrance of the order.

[Pre-1973 Recodification Citation: 7-1-3-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-7Conduct of hearing; appearance by corporation

     Sec. 7. (a) The commission shall have the power to make and establish rules for the admission of evidence and the conduct of the hearing, as in its opinion will serve best the purpose of the hearing. The attorney general of the state shall appear at the hearing and represent the commission in the defense of its order.

     (b) A corporation that is a party in any proceeding before the commission may elect to appear either by counsel or by the personal appearance of any of its corporate officers.

[Pre-1973 Recodification Citation: 7-1-3-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.78-1986, SEC.2.

 

IC 7.1-2-7-8Findings

     Sec. 8. Findings. The commission, at the conclusion of the hearing and within ten (10) days after it, shall make and enter its findings and decision vacating, modifying, or affirming its order. These findings and decision shall be final and conclusive as to all matters contained in them. The order of the commission shall be and remain in full force unless the commission, for good reason and by appropriate entry, rescinds it, or suspends its effective date.

[Pre-1973 Recodification Citation: 7-1-3-4.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-7-9Reciprocity agreements

     Sec. 9. Reciprocity Agreements. The commission may enter into a reciprocity agreement with another state, territory, district, political subdivision, or municipality outside this state, regarding the importation, exportation, transportation, sale, purchase, receipt, delivery, distribution or possession of alcoholic beverages. The reciprocity agreement may be made for the purpose of promoting the economic welfare of the citizens of, and of industry and labor in, this state, and for the purpose of preventing or discouraging discrimination against alcoholic beverages manufactured or processed in, or exported from, this state. The agreement may provide also for the remission of any additional taxes or fees levied pursuant to an order made and entered under the authority of this chapter. However, the commission shall not have the authority to enter into an agreement which will in any manner violate, change or modify a law of this state.

[Pre-1973 Recodification Citation: 7-1-3-6.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-8Chapter 8. Jurisdiction and Miscellaneous Judicial Proceedings
           7.1-2-8-1Jurisdiction; general rule
           7.1-2-8-2Jurisdiction restricted
           7.1-2-8-3Declaratory judgment
           7.1-2-8-4Judicial notice

 

IC 7.1-2-8-1Jurisdiction; general rule

     Sec. 1. Jurisdiction: General Rule. An action brought against the commission, or against the chairman as the chairman, shall be brought in the circuit or superior court of Marion County unless otherwise specifically provided in this title.

[Pre-1973 Recodification Citation: 7-1-1-42(j).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-8-2Jurisdiction restricted

     Sec. 2. Jurisdiction Restricted. Except as otherwise provided in this title, a person shall not bring an action against the State of Indiana, the commission, the chairman, or the chairman pro tempore, based upon a claim arising from the collection of money received by the state in connection with the administration or enforcement of a provision of this title. The consent of the State of Indiana is hereby expressly withdrawn and denied in such an action and no court shall have jurisdiction in such an action.

[Pre-1973 Recodification Citation: 7-2-1-16.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-8-3Declaratory judgment

     Sec. 3. Declaratory Judgment. The commission shall have the authority also to initiate, in the name of the State of Indiana on the relation of the commission, an action to obtain a declaratory judgment as to the meaning, application, or constitutionality of a provision of this title or of a rule or regulation of the commission or an order of the commission. The action shall be brought in any court having civil jurisdiction within Marion County against a permittee or other person. The proceedings shall conform to the Indiana Rules of Civil Procedure concerning declaratory judgments.

[Pre-1973 Recodification Citation: 7-1-1-38.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-2-8-4Judicial notice

     Sec. 4. Judicial Notice. A court shall take judicial notice of the signature of the chairman and of the seal of the commission. A court shall take judicial notice, also, of a document, paper, record, or instrument, or copy of these, duly authenticated, as prescribed in the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-39(4).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3ARTICLE 3. PERMITS
           Ch. 1.General Provisions
           Ch. 1.5.Certification of Alcohol Server Training Programs
           Ch. 1.6.Online and Self-Study Server Courses
           Ch. 2.Brewers' Permits
           Ch. 3.Beer Wholesalers' Permits
           Ch. 4.Beer Retailers' Permits
           Ch. 5.Beer Dealers' Permits
           Ch. 6.Temporary, Dining Car, and Boat Beer Permits
           Ch. 6.1.Charity Gaming Prizes
           Ch. 6.2.Charity Auctions
           Ch. 6.5.Tracking of Beer Kegs
           Ch. 7.Distillers' and Rectifiers' Permits
           Ch. 7.5.Farm Winery Brandy Distiller's Permits
           Ch. 8.Liquor Wholesalers' Permits
           Ch. 9.Liquor Retailers' Permits
           Ch. 9.5.Supplemental Caterers' Permits
           Ch. 10.Liquor Dealers' Permits
           Ch. 11.Dining Car, Airplane, and Boat Liquor Permits
           Ch. 12.Vintners' and Farm Winery Permits
           Ch. 13.Wine Wholesalers' and Bottlers' Permits
           Ch. 14.Wine Retailers' Permits
           Ch. 15.Wine Dealers' Permits
           Ch. 16.Dining Car, Boat, and Temporary Wine Permits
           Ch. 16.5.Repealed
           Ch. 17.Repealed
           Ch. 17.5.Excursion and Adjacent Landsite Permit
           Ch. 17.7.Horse Track and Satellite Facility Permits
           Ch. 17.8.State Park Liquor Permits
           Ch. 18.Carriers', Salesmen's, and Employees' Permits
           Ch. 18.5.Tobacco Sales Certificate
           Ch. 19.Procedures for Issuance and Renewal of Retailers' and Dealers' Permits
           Ch. 20.Clubs, Restaurants, and Hotels
           Ch. 21.Restrictions on Issuance of Permits
           Ch. 22.Quotas on Issuance of Permits
           Ch. 23.Denial, Suspension, and Revocation of Permits
           Ch. 24.Transfer of Permits; Deceased or Bankrupt Permittees
           Ch. 25.Product Transfer Between Wholesalers
           Ch. 26.Direct Wine Seller's Permit
           Ch. 27.Artisan Distiller's Permit

 

IC 7.1-3-1Chapter 1. General Provisions
           7.1-3-1-0.1Application of certain amendments to chapter
           7.1-3-1-1Issuance of permits authorized
           7.1-3-1-1.5Intent of general assembly concerning sales of carryout
           7.1-3-1-2No property right in permit
           7.1-3-1-3Term of permits; renewal; effective upon final approval; letter of authority to operate
           7.1-3-1-3.1Letters of extension
           7.1-3-1-3.5Deposit of permits; business not in operation
           7.1-3-1-4Applications for permits; general
           7.1-3-1-5Application for permits; disclosures; permit premises pending
           7.1-3-1-5.3Notice to plan commission of application, renewal, or transfer of permit within its jurisdiction
           7.1-3-1-5.5Applications for permits; counties with consolidated city; notice; affidavit
           7.1-3-1-5.6Permit renewal requirements
           7.1-3-1-6Applications for permits; consent to search
           7.1-3-1-6.5Repealed
           7.1-3-1-7Surety bonds; amounts
           7.1-3-1-8Terms and conditions of surety bond
           7.1-3-1-9Recovery on bond
           7.1-3-1-10Surety bond; approval
           7.1-3-1-11Cash in lieu of bond
           7.1-3-1-12Cancellation of surety bond
           7.1-3-1-13Repealed
           7.1-3-1-13.5Payments
           7.1-3-1-14Times when sales lawful; athletic or sports events in specified counties or cities; auto racing
           7.1-3-1-15Service while standing
           7.1-3-1-16Repealed
           7.1-3-1-17Transportation of alcoholic beverages; general
           7.1-3-1-18Publication of notice
           7.1-3-1-19Character of the business test
           7.1-3-1-20Display of permit
           7.1-3-1-21Sponsoring amateur athletic event
           7.1-3-1-22Medical exemption
           7.1-3-1-23Pharmacy exemption
           7.1-3-1-23.5Wine appreciation course instructor exemption
           7.1-3-1-24Religious exemption
           7.1-3-1-25Authorization to permit the sale of alcoholic beverages at certain public facilities
           7.1-3-1-26Sales among collectors
           7.1-3-1-27Affidavit of compliance by retailer permittee; financial statements
           7.1-3-1-28Posting notice of application
           7.1-3-1-29Senior residence facility campus exemption

 

IC 7.1-3-1-0.1Application of certain amendments to chapter

     Sec. 0.1. The following amendments to this chapter apply as follows:

(1) The addition of section 28 of this chapter by P.L.204-2001 applies only to applications submitted after June 30, 2001.

(2) The amendments made to sections 5.5 and 5.6 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with sections 5.5 and 5.6 of this chapter, as appropriate, as the provision was effective at the time the application was submitted.

As added by P.L.220-2011, SEC.171.

 

IC 7.1-3-1-1Issuance of permits authorized

     Sec. 1. Issuance of Permits Authorized. The commission may issue only the types of permits authorized by this article subject to the applicable provisions of this title.

[Pre-1973 Recodification Citation: 7-1-1-6.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-1.5Intent of general assembly concerning sales of carryout

     Sec. 1.5. (a) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a grocery store, convenience store, or drug store should not be given the privilege of selling cold beer for carryout.

     (b) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a restaurant located within a grocery store, convenience store, or drug store should not be given the privilege of selling alcoholic beverages for carryout.

     (c) The commission shall apply the intent of the general assembly, when considering the character of an applicant's business, as described in section 19 of this chapter.

As added by P.L.270-2017, SEC.6.

 

IC 7.1-3-1-2No property right in permit

     Sec. 2. No Property Right in Permit. A permittee shall have no property right in a wholesaler's, retailer's, or dealer's permit of any type.

[Pre-1973 Recodification Citations: 7-2-1-14(a); 7-1-1-5(2).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-3Term of permits; renewal; effective upon final approval; letter of authority to operate

     Sec. 3. (a) A permit of any type issued by the commission, except as provided in subsections (b) and (f) or unless otherwise provided in this title, shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of the one (1) year period the permit shall be fully expired and null and void.

     (b) Notwithstanding subsection (a), a permit that is subject to section 5.5 or 5.6 of this chapter is effective for two (2) calendar years, including the day upon which the permit is granted. However, a local board may recommend to the commission that the permit be issued or renewed for only a one (1) year period. The commission may issue or renew a permit for the period recommended by the local board.

     (c) A permittee who is granted a two (2) year permit under subsection (b) or subsection (f) is liable for any annual fees assessed by the commission. The annual fee is due on the annual anniversary date upon which the permit was granted.

     (d) If the commission grants a two (2) year permit, the commission may ask a local board to hold a hearing to reconsider the duration of a permittee's permit. A hearing held under this subsection is subject to section 5.5 or 5.6 of this chapter. A local board shall hold the hearing requested by the commission within thirty (30) days before the permittee's next annual anniversary date and forward a recommendation to the commission following the hearing.

     (e) If a permittee is granted a permit for more than one (1) year, the commission shall require the permittee to file annually with the commission the information required for an annual permit renewal.

     (f) Notwithstanding subsection (a), the following are effective for two (2) calendar years, including the day upon which the permit is granted:

(1) A beer wholesaler's permit issued under IC 7.1-3-3-1.

(2) A wine wholesaler's permit issued under IC 7.1-3-13-1.

(3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.

     (g) Except as provided in subsection (h), the commission shall timely process a permittee's application for renewal of a permit unless the permittee receives a notice of a violation from the office of the prosecutor created under IC 7.1-2-2-1.

     (h) The commission may timely process an application for renewal of a permit filed by a permittee that receives notice of a violation as described in subsection (g) if the chairman or the chairman's designee authorizes the application for renewal of the permit to be timely processed.

     (i) Except as provided in subsection (k), a permittee may file an application for renewal of a permit not later than one (1) year after the date the permit expires.

     (j) Except as provided in subsection (k), if a permittee does not file an application for renewal of a permit within one (1) year as provided in subsection (i), the permit reverts to the commission. At least thirty (30) days before the date that a permit reverts to the commission, the commission shall provide written notice to the permittee informing the permittee of the date that the permittee's permit will revert to the commission.

     (k) Subject to subsection (l), a permittee may file an application for renewal of a permit more than one (1) year after the date the permit expires if, not later than one (1) year after the date the permit expires, the permittee obtains approval from the chairman or the chairman's designee for an extension to file the application for renewal.

     (l) The chairman may allow the permittee to renew the permit more than one (1) year after the date the permit expires only if the permittee provides evidence that the permittee is engaged in an administrative or court proceeding that prevents the permittee from renewing the permit.

     (m) A permit is effective upon the final approval of the commission. Upon final approval of a permit, and upon the request of the permittee, the commission shall provide the permittee with a letter of authority to operate. The letter of authority to operate constitutes authorization for the permittee to perform the actions allowed under the permit until the date the permittee receives the permit issued by the commission.

[Pre-1973 Recodification Citation: 7-2-1-14(c).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.2; P.L.205-1999, SEC.8; P.L.250-2003, SEC.7; P.L.224-2005, SEC.2; P.L.196-2015, SEC.3.

 

IC 7.1-3-1-3.1Letters of extension

     Sec. 3.1. (a) Notwithstanding section 3 of this chapter, any member of the commission may issue an original letter of extension extending the term of a permit for a maximum period of ninety (90) days for good cause shown upon the written request of the permittee and payment of the fee if required.

     (b) Upon the expiration of an original letter of extension, or any renewal thereof, if good cause still exists, subsequent renewals of the extension may be granted to that permittee only upon the affirmative vote of a majority of the members of the commission.

As added by Acts 1982, P.L.69, SEC.5.

 

IC 7.1-3-1-3.5Deposit of permits; business not in operation

     Sec. 3.5. A permittee to whom a retailer or dealer permit has been issued under this title, may deposit that permit with the commission for a period of one (1) year if the permittee is unable to immediately operate the business to which the permit applies. The commission may extend the term of the deposit for not more than four (4) additional one (1) year periods if the permittee is able to show to the satisfaction of the commission that the permittee is making a good faith effort to put the permit into operation.

As added by Acts 1982, P.L.69, SEC.6. Amended by P.L.250-2003, SEC.8.

 

IC 7.1-3-1-4Applications for permits; general

     Sec. 4. The commission shall issue a permit authorized by this title only upon proper application. The application shall be in writing, and verified, upon forms prescribed and furnished by the commission. The application shall contain the terms and information required by this title or by the rules and regulations of the commission. The appropriate surety bond, if one is required, also shall be submitted with the application.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.22.

 

IC 7.1-3-1-5Application for permits; disclosures; permit premises pending

     Sec. 5. (a) Except as provided in subsection (b), an application for a permit to sell alcoholic beverages of any kind, and the required publication of notice, shall disclose the name of the applicant and the specific address where the alcoholic beverages are to be sold, and any assumed business name under which the business will be conducted. The application and notice also shall disclose the names and addresses of the president and secretary of the corporation, club, association or organization who will be responsible to the public for the sale of the alcoholic beverage if the applicant is a corporation, club, association, or other type of organization.

     (b) An application for a permit may be processed by the commission while the location of the permit premises is pending, upon a showing of need by the permit applicant. Any permit issued by the commission while the location of the permit premises is pending shall be placed immediately into escrow upon approval of the permit by the commission. If a permit issued by the commission is placed into escrow under this subsection, the applicant must go before the local board for approval of the applicant. Before making a permit in escrow active, the permittee must go before the local board for approval of the location.

[Pre-1973 Recodification Citation: 7-1-1-31.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.7; P.L.196-2015, SEC.4.

 

IC 7.1-3-1-5.3Notice to plan commission of application, renewal, or transfer of permit within its jurisdiction

     Sec. 5.3. (a) This section applies to an application for a new permit, renewal of a permit, or transfer of a permit authorized by this article for a location in a:

(1) second or third class city; or

(2) county other than a county containing a consolidated city.

     (b) As used in this section, "plan commission" has the meaning set forth in IC 36-7-1-14.

     (c) A director of a plan commission may request the commission to notify the plan commission that the commission has received an application for a permit for a location within the territory where the plan commission has jurisdiction.

     (d) If the commission receives a request under subsection (c), the commission shall provide to the appropriate plan commission a copy of the notice that the commission submits for publication to meet the requirements of section 5 of this chapter. The commission shall mail the copy to the plan commission no later than the day that the commission submits the notice for publication.

As added by P.L.70-1997, SEC.1.

 

IC 7.1-3-1-5.5Applications for permits; counties with consolidated city; notice; affidavit

     Sec. 5.5. (a) This section applies only in a county having a consolidated city.

     (b) As used in this section, "contiguous property owner" refers to a property owner who has real property that is geographically adjacent to or in contact with any point on the border of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises.

     (c) As used in this section, "neighboring property owner" means:

(1) a contiguous property owner; or

(2) a property owner who has real property that:

(A) is geographically adjacent to or in contact with any point on the border of the property of a contiguous property owner; and

(B) some portion of which is within five hundred (500) feet of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises.

     (d) As used in this section, "principal owner" means any person or entity holding at least a fifteen percent (15%) interest in the business for which a permit is sought to sell alcoholic beverages.

     (e) As used in this section, "property owner" means any person whose name and address appears in the county assessor's real property tax assessment records as a person responsible for the payment of property taxes on a parcel of real property.

     (f) Except as provided in section 28(d) of this chapter, subsection (g) applies to a location in the consolidated city only if:

(1) the application is for a liquor dealer's permit for a location within the boundaries of the special fire service district, as determined in conformity with IC 7.1-3-22-8; or

(2) the local alcoholic beverage board requires the applicant to comply with subsection (g).

     (g) In addition to the notice required by section 5 of this chapter, the applicant for a new permit, or a transfer of a permit to sell alcoholic beverages of any type or at any location must, at least fifteen (15) days before the date of the local alcoholic beverage board hearing, mail notice of the hearing at the applicant's expense to the following:

(1) Each neighboring property owner.

(2) The department of metropolitan development of the consolidated city.

(3) The following entities that have registered with the department of metropolitan development of the consolidated city:

(A) The principal, headmaster, or other primary administrator of each public, private, or parochial elementary or secondary school located less than one thousand (1,000) feet from the property line of the applicant's property.

(B) Each church that is located less than one thousand (1,000) feet from the property line of the applicant's property.

(C) Each neighborhood association that represents the area in which the applicant's property is located.

     (h) The notice that the applicant mails must provide the following information:

(1) The name and address of the applicant, or if the applicant is a corporation, a club, an association, or an organization, the name and address of the applicant's president, secretary, and principal owners who will be responsible to the public for the sale of alcoholic beverages.

(2) A statement that the applicant has filed an application with the alcohol and tobacco commission for the sale of alcoholic beverages.

(3) The specific address where alcoholic beverages are asked to be sold.

(4) The type of alcoholic beverage permit applied for.

(5) The date, time, and location of the public hearing before the local alcoholic beverage board regarding the application.

(6) That if there is a desire to remonstrate against the application, the recipient of the notice may attend this public hearing.

     (i) The applicant shall furnish evidence of the applicant's compliance with this section by filing an affidavit with the local alcoholic beverage board at the public hearing on the application. The affidavit must list the names and addresses of the individuals or other entities to which notice was mailed by the applicant.

     (j) In addition to the information required by subsection (i), the applicant shall file with the local alcoholic beverage board at the public hearing the following information:

(1) Verification from a department of the consolidated city designated by ordinance that the applicant is in compliance with zoning requirements for the premises to be licensed.

(2) Verification from the department of state revenue that the applicant does not have any outstanding income tax, excise tax, or sales tax liabilities.

(3) Verification from the county treasurer that the applicant does not have any outstanding property tax liability.

     (k) Subsection (j)(1) does not apply to a permit holder that received and held a permit before September 1, 1987.

     (l) Notwithstanding subsection (f)(1), an applicant seeking a transfer of a permit from a permit holder to a new permit holder when the new permit holder does not intend to change the nature of the business operated under the permit may apply to the local board for a waiver of the notice requirement in subsection (g). The local board may consider any information the local board considers relevant in making a determination to approve or deny the waiver request. The local board must approve or deny a waiver request at the first regularly scheduled meeting that occurs at least fifteen (15) days after the local board receives the waiver request from the applicant.

As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3; P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23; P.L.10-2010, SEC.3.

 

IC 7.1-3-1-5.6Permit renewal requirements

     Sec. 5.6. (a) This section applies only in a county having a consolidated city.

     (b) This section applies only to an application for the renewal of a permit to sell alcoholic beverages.

     (c) The definitions set forth in section 5.5 of this chapter apply to this section.

     (d) The renewal of a permit is subject to IC 7.1-3-19-9.5.

     (e) Except as provided in section 28(d) of this chapter, subsections (f) and (g) apply to a location in the consolidated city only if the application is for a liquor dealer's permit.

     (f) Notwithstanding subsection (d), if:

(1) an applicant has been cited for a violation of law or a rule of the commission; or

(2) the local alcoholic beverage board has received at least five (5) written complaints against the applicant alleging a violation of law or a rule of the commission;

then upon direction of the local board, the applicant shall, at least fifteen (15) days before the date of the local alcoholic beverage board hearing, mail notice of the hearing at the applicant's expense as provided in subsection (g).

     (g) The applicant shall mail the notice required under subsection (f) to the following:

(1) Each neighboring property owner.

(2) The department of metropolitan development of the consolidated city.

(3) The following entities that have registered with the department of metropolitan development of the consolidated city:

(A) The principal, headmaster, or other primary administrator of each public, private, or parochial elementary or secondary school located less than one thousand (1,000) feet from the property line of the applicant's property.

(B) Each church that is located less than one thousand (1,000) feet from the property line of the applicant's property.

(C) Each neighborhood association that represents the area in which the applicant's property is located.

     (h) The notice that the applicant mails must provide the following information:

(1) The name and address of the applicant, or if the applicant is a corporation, a club, an association, or an organization, the name and address of the applicant's president, secretary, and principal owners who will be responsible to the public for the sale of alcoholic beverages.

(2) A statement that the applicant has filed an application with the alcohol and tobacco commission for the sale of alcoholic beverages.

(3) The specific address where alcoholic beverages are asked to be sold.

(4) The type of alcoholic beverage permit applied for.

(5) The date, time, and location of the public hearing before the local alcoholic beverage board regarding the application.

(6) That if there is a desire to remonstrate against the application, the recipient of the notice may attend this public hearing.

     (i) The applicant shall furnish evidence of the applicant's compliance with this section by filing an affidavit with the local alcoholic beverage board at the public hearing on the application. The affidavit must list the names and addresses of the persons to whom notice was mailed by the applicant.

     (j) In addition to the information required by subsection (i), the applicant shall file with the local alcoholic beverage board at the public hearing the following information:

(1) Verification from the department of metropolitan development of the consolidated city that the applicant is in compliance with zoning requirements for the premises to be licensed.

(2) Verification from the department of state revenue that the applicant does not have any outstanding income tax, excise tax, or sales tax liabilities.

(3) Verification from the county treasurer that the applicant does not have any outstanding property tax liability.

     (k) Subsection (j)(1) does not apply to a permit holder that received and held a permit before September 1, 1987.

As added by P.L.52-1994, SEC.4. Amended by P.L.2-1995, SEC.38; P.L.106-1995, SEC.5; P.L.204-2001, SEC.24.

 

IC 7.1-3-1-6Applications for permits; consent to search

     Sec. 6. Applications for Permits: Consent to Search. An application for a permit shall contain the express statement of the applicant that he consents for the duration of the permit term, if it is issued to him, to the entrance, inspection, and search by an enforcement officer, without a warrant or other process, of his licensed premises and vehicles to determine whether he is complying with the provisions of this title. The consent required by this section is renewed and continued by the retention of a permit or its use by a permittee.

[Pre-1973 Recodification Citation: 7-1-1-42(e).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-6.5Repealed

As added by P.L.112-1987, SEC.1. Repealed by P.L.52-1994, SEC.7.

 

IC 7.1-3-1-7Surety bonds; amounts

     Sec. 7. (a) An applicant for a brewer's permit, a distiller's permit, or a liquor wholesaler's permit shall file with the commission a surety bond in the penal sum of ten thousand dollars ($10,000).

     (b) An applicant for a rectifier's permit shall file with the commission a surety bond in the penal sum of fifteen thousand dollars ($15,000).

     (c) An applicant for a vintner's permit shall file with the commission a surety bond in the penal sum of one thousand dollars ($1,000).

[Pre-1973 Recodification Citations: 7-1-1-9; 7-1-1-16; 7-1-1-17; 7-1-1-18; 7-1-1-22; 7-1-1-23; 7-1-1-30.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.1; P.L.205-1999, SEC.9.

 

IC 7.1-3-1-8Terms and conditions of surety bond

     Sec. 8. Terms and Conditions of Surety Bond. The required surety bond of an applicant shall meet with the approval of the commission. The bond shall be made payable to the State of Indiana and be conditioned that so long as the applicant holds his permit unrevoked, he will not violate a provision of this title or a rule or regulation of the commission relating to his permit. The bond also shall be conditioned that he will account for all taxes and fees levied by this title on the products manufactured, sold, or withdrawn for sale by the applicant under his permit. A permittee shall keep the bond in full force and effect continuously in order to keep his permit in force.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-9Recovery on bond

     Sec. 9. Recovery on Bond. The State of Indiana may recover the sum of one hundred dollars ($100), and no more, in any one (1) action on a permittee's surety bond for the violation of a rule or regulation of the commission. The State of Indiana may recover no more than two hundred dollars ($200) in any one (1) action on the surety bond for the violation of a provision of this title. Violations prior to the institution of the action on the bond shall be deemed one (1) continuing violation. However, the State of Indiana may recover the full amount of all taxes and fees due and owing by the permittee under this title in a single action on the bond. No person shall bring an action on the bond except the State of Indiana for the use and benefit of the state.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-10Surety bond; approval

     Sec. 10. Surety Bonds: Approval. The commission shall keep a surety bond filed under this title safely in its files. The commission shall not approve a surety bond unless the surety company is solvent and qualified to do business in this state. The commission, before approving a surety bond, shall require the commissioner of the department of insurance to furnish to the commission copies of reports of the surety company and other information concerning the reserves and reliability of the company.

[Pre-1973 Recodification Citations: 7-1-1-41; 7-1-1-42(f).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-11Cash in lieu of bond

     Sec. 11. Cash in Lieu of Bond. Cash, or bonds of the United States, or both, may be tendered to the commission in lieu of a surety bond required by the provisions of this title if it is tendered on the same terms and conditions as a surety bond.

[Pre-1973 Recodification Citation: 7-1-1-42(d).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-12Cancellation of surety bond

     Sec. 12. Cancellation of Surety Bond. A surety may not cancel or annul a surety bond filed in accordance with the provisions of this title after it has been approved by the commission. However, a surety, with the consent of the commission, may cancel a bond and be released from liability accruing after the effective date of the cancellation. The commission shall not approve a cancellation until the surety has paid and discharged in full its liability to the state on the bond to the date of the approval of the cancellation.

[Pre-1973 Recodification Citation: 7-1-1-42(f).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-13Repealed

[Pre-1973 Recodification Citation: 7-1-1-42(f).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.10; P.L.204-2001, SEC.25. Repealed by P.L.153-2015, SEC.2.

 

IC 7.1-3-1-13.5Payments

     Sec. 13.5. (a) As used in this section, "credit card" means a:

(1) credit card;

(2) debit card;

(3) charge card; or

(4) stored value card.

     (b) The commission shall accept a payment to the commission for any purpose by any of the following financial instruments:

(1) Cash.

(2) Certified check.

(3) Cashier's check.

(4) Check drawn on the bank deposit of a business.

(5) Valid postal money order of the United States.

(6) Bank draft.

(7) Money order.

(8) Bank card or credit card.

(9) Electronic funds transfer.

(10) Any other financial instrument authorized by the commission.

     (c) If there is a charge to the commission for the use of a financial instrument, the commission may collect a sum equal to the amount of the charge from the person who uses the financial instrument.

     (d) A procedure authorized for a particular type of payment must be uniformly applied to all payments of the same type.

     (e) The commission may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the commission or charged directly to the commission's account, the commission may collect from the person using the card:

(1) an official fee that may not exceed the transaction charge or discount fee charged to the commission by bank or credit card vendors; or

(2) a reasonable convenience fee:

(A) that may not exceed three dollars ($3); and

(B) that must be uniform regardless of the bank card or credit card used.

The fees described in subdivisions (1) and (2) may be collected regardless of retail merchant agreements between the bank and credit card vendors that may prohibit such fees. These fees are permitted additional charges under IC 24-4.5-3-202.

     (f) The commission may pay any applicable bank card or credit card service charge associated with the use of a bank card or credit card under this section.

As added by P.L.153-2015, SEC.3.

 

IC 7.1-3-1-14Times when sales lawful; athletic or sports events in specified counties or cities; auto racing

     Sec. 14. (a) It is lawful for an appropriate permittee, unless otherwise specifically provided in this title, to sell alcoholic beverages each day Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. Sales shall cease wholly on Sunday at 3 a.m., prevailing local time, and not be resumed until the following Monday at 7 a.m., prevailing local time.

     (b) It is lawful for the holder of a retailer's permit to sell the appropriate alcoholic beverages for consumption on the licensed premises only on Sunday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day.

     (c) It is lawful for the holder of a permit under this article to sell alcoholic beverages at athletic or sports events held on Sunday upon premises that:

(1) are described in section 25(a) of this chapter;

(2) are a facility used in connection with the operation of a paved track more than two (2) miles in length that is used primarily in the sport of auto racing; or

(3) are being used for a professional or an amateur tournament;

beginning one (1) hour before the scheduled starting time of the event or, if the scheduled starting time of the event is 1 p.m. or later, beginning at noon.

     (d) It is lawful for the holder of a valid beer, wine, or liquor wholesaler's permit to sell to the holder of a valid retailer's or dealer's permit at any time.

[Pre-1973 Recodification Citation: 7-2-1-7.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.2. As amended by P.L.99-1983, SEC.1; P.L.102-1989, SEC.1; P.L.64-1990, SEC.1; P.L.72-1991, SEC.1; P.L.1-1992, SEC.28; P.L.106-1995, SEC.6; P.L.205-1999, SEC.11; P.L.136-2000, SEC.1; P.L.72-2004, SEC.4; P.L.224-2005, SEC.3; P.L.165-2006, SEC.3; P.L.10-2010, SEC.4.

 

IC 7.1-3-1-15Service while standing

     Sec. 15. Service While Standing. It is lawful for a retail permittee to serve an alcoholic beverage to a customer whether the customer is seated or standing. It also is lawful for a customer of a retail permittee to be served an alcoholic beverage and to consume it whether he is seated or standing.

[Pre-1973 Recodification Citation: 7-2-1-9(f).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-16Repealed

[Pre-1973 Recodification Citation: 7-1-1-8(3).]

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.

 

IC 7.1-3-1-17Transportation of alcoholic beverages; general

     Sec. 17. Transportation of Alcoholic Beverages: General. The traffic and transportation of alcohol and alcoholic beverages for sale within this state shall be subject to the rules and regulations of the commission. Alcohol and alcoholic beverages shall be transported and delivered only in containers that are lawful under this title and permissible under the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-18Publication of notice

     Sec. 18. (a) Except as provided in subsections (d) and (e), if publication of notice of application for a permit is required under this title, the publication shall be made in one (1) newspaper of general circulation published in the county where the permit is to be in effect.

     (b) Publication required under subsection (a) may be made in any newspaper of general circulation published one (1) or more times each week.

     (c) The rates which shall be paid for the advertising of a notice required under this title shall be those required to be paid in case of other notices published for or on behalf of the state.

     (d) The commission may publish notice of application for a:

(1) three-way permit for a restaurant described in IC 7.1-3-20-12(4); or

(2) seasonal permit granted under IC 7.1-3-20-22;

by posting the notice on the commission's Internet web site.

     (e) If:

(1) the commission is unable to procure advertising of a notice as required under subsection (a) at the rates set forth in IC 5-3-1; or

(2) the newspaper published in the county as described in subsection (a) refuses to publish the notice;

the commission may, instead of publication in a newspaper as required under subsection (a), require the designated member of the local board of the county to post printed notices in three (3) prominent locations in the county.

[Pre-1973 Recodification Citations: 7-1-1-41; 7-3-1-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.4; P.L.196-2015, SEC.5.

 

IC 7.1-3-1-19Character of the business test

     Sec. 19. Character of the Business Test. Whenever the character of the business in which an applicant is engaged is material to his being issued a permit under this article, or is material to his being qualified to continue to hold the permit, it must be made to appear to the satisfaction of the commission that a substantial portion of the business carried on, or to be carried on, in the premises in respect to which a permit is applied for is in the nature of the applicant's main business function in the premises.

[Pre-1973 Recodification Citation: 7-1-1-8(5).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-20Display of permit

     Sec. 20. A person to whom a permit has been issued to carry on any of the businesses or undertakings authorized by this title shall, before being fully qualified to do business, post and display, and keep posted and displayed, in the most conspicuous place in the person's licensed premises the person's permit to do business.

[Pre-1973 Recodification Citation: 7-1-1-42(h).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.77-1988, SEC.1.

 

IC 7.1-3-1-21Sponsoring amateur athletic event

     Sec. 21. The holder of a permit of any type issued under the provisions of this title or a manufacturer of an alcoholic beverage may sponsor, finance, or promote in any way an amateur athletic contest, amateur athletic team, or amateur athletic sporting event of any kind.

[Pre-1973 Recodification Citation: 7-1-5-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.57-1984, SEC.3.

 

IC 7.1-3-1-22Medical exemption

     Sec. 22. Medical Exemption. A regularly licensed physician, a dentist, or a person holding a license to practice medicine, or to engage in a profession in which the treatment of the human body, or of an animal body, is necessarily involved, a clinic, a noncommercial laboratory, a hospital or a sanitarium, may acquire, own and dispense for medicinal, mechanical or scientific purposes only, and not for beverage purposes, an alcoholic beverage or ethyl alcohol without a permit being issued under this title.

[Pre-1973 Recodification Citation: 7-1-1-42(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-23Pharmacy exemption

     Sec. 23. Pharmacy Exemption. A registered pharmacist who owns or manages a regularly licensed drug store and who is not the holder of a drug store permit issued pursuant to the provisions of IC 1971, 7.1-3-10, but who is the holder of an unrevoked permit of the Indiana Board of Pharmacy, may acquire, own and use only in the compounding of physician's prescriptions two (2) gallons of ethyl alcohol per year without a permit being issued under this title.

[Pre-1973 Recodification Citation: 7-1-1-42(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-23.5Wine appreciation course instructor exemption

     Sec. 23.5. An instructor teaching a class on wine appreciation at an accredited college or university (as described under IC 24-4-11-2) may purchase, acquire, possess, and dispense wine for educational purposes within the class without a permit under this title.

As added by P.L.54-2008, SEC.1.

 

IC 7.1-3-1-24Religious exemption

     Sec. 24. Religious Exemption. A pastor, rabbi, minister, or priest may purchase, acquire, possess and dispense wine for sacramental purposes or for performing a religious rite only without a permit being issued under this title.

[Pre-1973 Recodification Citation: 7-1-1-42(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-1-25Authorization to permit the sale of alcoholic beverages at certain public facilities

     Sec. 25. (a) A city or county listed in this subsection that by itself or in combination with any other municipal body acquires by ownership or by lease any stadium, exhibition hall, auditorium, theater, convention center, or civic center may permit the retail sale of alcoholic beverages upon the premises if the governing board of the facility first applies for and secures the necessary permits as required by this title. The cities and counties to which this subsection applies are as follows:

(1) A consolidated city or its county.

(2) A second class city.

(3) A county having a population of more than one hundred eighty-five thousand (185,000) but less than two hundred fifty thousand (250,000).

(4) A county having a population of more than one hundred seventy-five thousand (175,000) but less than one hundred eighty-five thousand (185,000).

(5) A county having a population of more than one hundred twenty-five thousand (125,000) but less than one hundred thirty-five thousand (135,000).

(6) A county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).

(7) A city having a population of more than four thousand nine hundred fifty (4,950) but less than five thousand (5,000).

(8) A county having a population of more than one hundred thirty-five thousand (135,000) but less than one hundred thirty-eight thousand (138,000).

(9) A county having a population of more than two hundred seventy thousand (270,000) but less than three hundred thousand (300,000).

     (b) A county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) or a township located in such a county that has established a public park with a golf course within its jurisdiction under IC 36-10-3 or IC 36-10-7 may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center within the park, including a clubhouse, social center, or pavilion.

     (c) A township that:

(1) is located in a county having a population of more than one hundred five thousand (105,000) but less than one hundred ten thousand (110,000); and

(2) acquires ownership of a golf course;

may permit the retail sale of alcoholic beverages upon the premises of the golf course, if the governing board of the golf course first applies for and secures the necessary permits required by this title.

     (d) A township:

(1) having a population of more than thirty-five thousand (35,000) but less than one hundred thousand (100,000); and

(2) located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000);

may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center or social center that is located within the township and operated by the township.

     (e) A city that owns a golf course may permit the retail sale of alcoholic beverages upon the premises of the golf course if the governing board of the golf course first applies for and secures the necessary permits required by this title.

     (f) A city that:

(1) has a population of more than twenty-nine thousand six hundred (29,600) but less than twenty-nine thousand nine hundred (29,900); and

(2) owns or leases a marina;

may permit the retail sale of alcoholic beverages upon the premises of the marina if the governing board of the marina first applies for and secures the necessary permits required by this title. The permit may include the carryout sale of alcoholic beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home delivery of alcoholic beverages.

     (g) A city listed in this subsection that owns a marina may be issued a permit for the retail sale of alcoholic beverages on the premises of the marina. The permit may include the carryout sale of alcoholic beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home delivery of alcoholic beverages. However, the city must apply for and secure the necessary permits that this title requires. This subsection applies to the following cities:

(1) A city having a population of more than eighty thousand (80,000) but less than eighty thousand four hundred (80,400).

(2) A city having a population of more than eighty thousand five hundred (80,500) but less than one hundred thousand (100,000).

(3) A city having a population of more than thirty-one thousand (31,000) but less than thirty-one thousand five hundred (31,500).

(4) A city having a population of more than thirty-six thousand eight hundred twenty-five (36,825) but less than forty thousand (40,000).

(5) A city having a population of more than forty-four thousand five hundred (44,500) but less than forty-five thousand (45,000).

     (h) Notwithstanding subsection (a), the commission may issue a civic center permit to a person that:

(1) by the person's self or in combination with another person is the proprietor, as owner or lessee, of an entertainment complex; or

(2) has an agreement with a person described in subdivision (1) to act as a concessionaire for the entertainment complex for the full period for which the permit is to be issued.

[Pre-Local Government Recodification Citation: 19-7-38-1.]

As added by Acts 1980, P.L.8, SEC.64. Amended by Acts 1982, P.L.1, SEC.22; P.L.100-1983, SEC.1; P.L.57-1984, SEC.4; P.L.85-1985, SEC.4; P.L.112-1987, SEC.3; P.L.103-1989, SEC.1; P.L.12-1992, SEC.55; P.L.87-1993, SEC.1; P.L.71-1996, SEC.3; P.L.71-1997, SEC.1; P.L.205-1999, SEC.12; P.L.136-2000, SEC.2; P.L.170-2002, SEC.54; P.L.165-2006, SEC.4; P.L.119-2012, SEC.79.

 

IC 7.1-3-1-26Sales among collectors

     Sec. 26. No permit is required for the sale, purchase, or gift by a collector to another collector of a container that is:

(1) a ceramic commemorative bottle; or

(2) a uniquely designed decanter.

An unbroken federal tax stamp must be on the container at the time of the sale, purchase, or gift.

As added by P.L.57-1984, SEC.5.

 

IC 7.1-3-1-27Affidavit of compliance by retailer permittee; financial statements

     Sec. 27. (a) Notwithstanding any other provision of this article, a retailer permittee who is required to comply with the gross food and beverage sales, or gross food sales, standards contained in this article as a condition of receiving, continuing to hold, or renewing, the permittee's permit, or otherwise doing business, may attest to the permittee's compliance with those standards by filing an affidavit of compliance with the commission.

     (b) The affidavit of compliance authorized by subsection (a) must be in writing and signed by the permittee, or by a responsible officer or partner, under the penalties of perjury, that the representations contained in it are true.

     (c) If the commission has reasonable grounds to doubt the truthfulness of an affidavit filed pursuant to subsection (a), it may require the permittee to support it by audited financial statements. If the audited financial statements do not support the affidavit and show the required compliance with the applicable standards of this article, the commission may revoke the permit.

As added by P.L.112-1987, SEC.4.

 

IC 7.1-3-1-28Posting notice of application

     Sec. 28. (a) This section applies to the initial issuance, transfer of location, or transfer of ownership of the following:

(1) Any form of retailer's permit issued under this title.

(2) Any form of dealer's permit issued under this title.

     (b) To qualify for approval of an application, an applicant must show proof to the commission that the applicant has provided notice concerning the application in conformity with this section.

     (c) Except as provided in subsection (d), the applicant shall post a sign for the period, in the location, and in the form specified in the rules adopted by the commission to indicate to the public that the applicant is seeking the issuance of a retailer's or dealer's permit. The rules adopted by the commission must require that:

(1) the wording on the sign be in a sufficiently large type size; and

(2) the sign be posted in a sufficient manner in a window or another area;

so that the sign is visible from the largest public thoroughfare or the nearest public thoroughfare in the vicinity of the applicant's location. The commission may require an applicant to use a sign prepared by the commission. The commission may charge a fee for a sign prepared by the commission that does not exceed the cost of the sign.

     (d) This subsection applies to a county having a consolidated city. If the application is for a permit other than a liquor dealer's permit, the applicant may:

(1) post notice of the application as set forth in subsection (c); or

(2) mail notice in accordance with:

(A) section 5.5 of this chapter if the application is for a new permit or transfer of a permit; or

(B) section 5.6 of this chapter if the application is for renewal of a permit.

As added by P.L.204-2001, SEC.26.

 

IC 7.1-3-1-29Senior residence facility campus exemption

     Sec. 29. (a) For purposes of this section, "health facility" does not include an intermediate care facility for individuals with intellectual disabilities.

     (b) As used in this section, "senior residence facility" means a:

(1) health facility licensed under IC 16-28; or

(2) housing with services establishment (as defined in IC 12-10-15-3).

     (c) For purposes of this section, "senior residence facility campus" means a senior residence facility and the property on which a senior residence facility is located.

     (d) A senior residence facility may, without a permit issued under this title, possess and give or furnish an alcoholic beverage, by the bottle or by the glass, on the premises of the senior residence facility campus for consumption on the premises to any of the following:

(1) A resident who:

(A) is not a minor; and

(B) resides on the premises of the senior residence facility.

(2) A guest or family member of a resident described in subdivision (1) who:

(A) is not a minor; and

(B) is visiting the resident at the senior residence facility.

     (e) Subject to subsection (f), this section may not be construed to authorize a senior residence facility to sell alcoholic beverages on the premises of the senior residence facility campus without a permit under this title.

     (f) For purposes of this section, a senior residence facility that:

(1) charges a:

(A) room and board fee to residents of the senior residence facility; or

(B) fee for organizing activities for:

(i) residents of the senior residence facility; and

(ii) guests or family members of the residents;

(2) uses a portion of a fee described in subdivision (1) to:

(A) purchase alcoholic beverages; and

(B) furnish the alcoholic beverages to individuals described in subsection (d); and

(3) does not purchase and furnish the alcoholic beverages for profit;

is not considered to be selling alcoholic beverages.

As added by P.L.196-2015, SEC.6. Amended by P.L.35-2016, SEC.3.

 

IC 7.1-3-1.5Chapter 1.5. Certification of Alcohol Server Training Programs
           7.1-3-1.5-1"Alcohol server"
           7.1-3-1.5-1.2"Applicant"
           7.1-3-1.5-1.3"Certified trainer"
           7.1-3-1.5-2"Dealer permittee"
           7.1-3-1.5-3"Program"
           7.1-3-1.5-4"Retailer permittee"
           7.1-3-1.5-4.2"Server certificate"
           7.1-3-1.5-4.3"Server program"
           7.1-3-1.5-4.4"Trainer certificate"
           7.1-3-1.5-4.5"Trainer program"
           7.1-3-1.5-4.6Trainer certificate; requirements
           7.1-3-1.5-4.8Certified trainer; authorized activities
           7.1-3-1.5-5Rules
           7.1-3-1.5-5.5Trainer program; approval
           7.1-3-1.5-6Server program requirements
           7.1-3-1.5-7Repealed
           7.1-3-1.5-8Trainer certificate expiration and renewal
           7.1-3-1.5-9Trainer certificate renewal requirements
           7.1-3-1.5-10Suspension or revocation of certificate; refusal to issue certificate; fines
           7.1-3-1.5-11Injunction
           7.1-3-1.5-12Violation; Class B infraction
           7.1-3-1.5-13Retailer or dealer permittee; management representative; duties and responsibilities
           7.1-3-1.5-14Server certificate
           7.1-3-1.5-14.5Trainer certificate
           7.1-3-1.5-15Observation of server program
           7.1-3-1.5-15.5Observation of trainer program
           7.1-3-1.5-16Rules

 

IC 7.1-3-1.5-1"Alcohol server"

     Sec. 1. As used in this chapter, "alcohol server" means the following:

(1) A person who works on the licensed premises of a retailer permittee as a:

(A) manager;

(B) bartender; or

(C) waiter or a waitress.

(2) A person who works on the licensed premises of a dealer permittee as a:

(A) manager; or

(B) sales clerk.

As added by P.L.161-2005, SEC.1.

 

IC 7.1-3-1.5-1.2"Applicant"

     Sec. 1.2. As used in this chapter, "applicant" means a person who applies for a trainer certificate under this chapter to train:

(1) alcohol servers; and

(2) individuals who plan to become certified trainers;

on the selling, serving, and consumption of alcoholic beverages.

As added by P.L.165-2006, SEC.5.

 

IC 7.1-3-1.5-1.3"Certified trainer"

     Sec. 1.3. As used in this chapter, "certified trainer" means a person who is issued a trainer certificate under section 4.6 of this chapter.

As added by P.L.165-2006, SEC.6.

 

IC 7.1-3-1.5-2"Dealer permittee"

     Sec. 2. As used in this chapter, "dealer permittee" means a person who holds a liquor dealer permit under IC 7.1-3-10 for a package liquor store.

As added by P.L.161-2005, SEC.1.

 

IC 7.1-3-1.5-3"Program"

     Sec. 3. As used in this chapter, "program" refers to a program designed to educate an alcohol server on the:

(1) selling;

(2) serving; and

(3) consumption;

of alcoholic beverages.

As added by P.L.161-2005, SEC.1.

 

IC 7.1-3-1.5-4"Retailer permittee"

     Sec. 4. As used in this chapter, "retailer permittee" means a person who holds a:

(1) beer retailer's permit under IC 7.1-3-4;

(2) liquor retailer's permit under IC 7.1-3-9; or

(3) wine retailer's permit under IC 7.1-3-14.

As added by P.L.161-2005, SEC.1.

 

IC 7.1-3-1.5-4.2"Server certificate"

     Sec. 4.2. As used in this chapter, "server certificate" means a certificate issued by the commission under this chapter to an individual who completes a program established or approved under section 6 of this chapter.

As added by P.L.165-2006, SEC.7.

 

IC 7.1-3-1.5-4.3"Server program"

     Sec. 4.3. As used in this chapter, "server program" refers to a program designed to educate an alcohol server on the:

(1) selling;

(2) serving; and

(3) consumption;

of alcoholic beverages.

As added by P.L.94-2008, SEC.14.

 

IC 7.1-3-1.5-4.4"Trainer certificate"

     Sec. 4.4. As used in this chapter, "trainer certificate" means a certificate issued by the commission under this chapter to an applicant who meets the requirements under section 4.6 of this chapter.

As added by P.L.165-2006, SEC.8.

 

IC 7.1-3-1.5-4.5"Trainer program"

     Sec. 4.5. As used in this chapter, "trainer program" refers to a program designed to educate an individual on the training of alcohol servers on the:

(1) selling;

(2) serving; and

(3) consumption;

of alcoholic beverages.

As added by P.L.94-2008, SEC.15.

 

IC 7.1-3-1.5-4.6Trainer certificate; requirements

     Sec. 4.6. Except as provided in section 10 of this chapter, the commission shall issue a trainer certificate to an applicant who:

(1) files the application and pays the fees established by the commission under section 5 of this chapter;

(2) completes a program established or approved under section 5.5 of this chapter; and

(3) meets the requirements under this chapter and rules adopted by the commission.

As added by P.L.165-2006, SEC.9. Amended by P.L.94-2008, SEC.16; P.L.269-2013, SEC.1.

 

IC 7.1-3-1.5-4.8Certified trainer; authorized activities

     Sec. 4.8. A certified trainer may train alcohol servers on the selling, serving, and consumption of alcoholic beverages.

As added by P.L.165-2006, SEC.10. Amended by P.L.94-2008, SEC.17.

 

IC 7.1-3-1.5-5Rules

     Sec. 5. The commission shall adopt rules under IC 4-22-2 to establish:

(1) an application form;

(2) standards; and

(3) fees;

for certification under this chapter.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.11.

 

IC 7.1-3-1.5-5.5Trainer program; approval

     Sec. 5.5. (a) Subject to subsection (b), the commission may approve a trainer program by a third party that is designed to educate individuals on the training of alcohol servers on the selling, serving, and consumption of alcoholic beverages.

     (b) The commission may not approve a trainer program by a third party that holds or has an interest in any of the following permits:

(1) A primary source of supply permit.

(2) A beer, wine, or liquor wholesaler's permit.

(3) A beer, wine, or liquor retailer's permit.

(4) A beer, wine, or liquor dealer's permit.

     (c) In approving a trainer program under this section, the commission may consider the following factors:

(1) The needs of applicants.

(2) The geographical distribution of the third parties' locations in Indiana.

(3) The adequacy of the facilities where the trainer program will be conducted.

As added by P.L.94-2008, SEC.18.

 

IC 7.1-3-1.5-6Server program requirements

     Sec. 6. (a) The commission shall:

(1) establish a server program;

(2) approve a server program established by a third party that meets the requirements of this chapter; and

(3) approve a server program established by a third party that meets the requirements of this chapter and IC 7.1-3-1.6;

that is designed to educate alcohol servers on the selling, serving, and consumption of alcoholic beverages.

     (b) A server program established or approved under subsection (a) must include the following:

(1) Training provided by:

(A) an instructor who has knowledge in the subject areas described in this section and is a certified trainer under this chapter; or

(B) an online or self-study course under IC 7.1-3-1.6.

(2) Information on specific subject areas as required by the commission.

(3) A minimum of at least two (2) hours of training to complete the program.

(4) Information on:

(A) state laws and rules regarding the sale and service of alcoholic beverages;

(B) the classification of alcohol as a depressant and the effect of alcohol on the human body, particularly on the ability to drive a motor vehicle;

(C) the effects of alcohol:

(i) when taken with commonly used prescription and nonprescription drugs; and

(ii) on human behavior;

(D) methods of:

(i) identifying and refusing to serve or sell alcoholic beverages to an underage or intoxicated person; and

(ii) handling situations involving an underage or intoxicated person;

(E) methods for properly and effectively:

(i) checking the identification of an individual;

(ii) identifying an illegal identification of an individual; and

(iii) handling situations involving individuals who have provided illegal identification;

(F) security and law enforcement issues regarding the sale and service of alcoholic beverages; and

(G) recognizing certain behavior to assess the amount of alcohol an individual:

(i) has consumed; and

(ii) may safely consume.

(5) One (1) or both of the following:

(A) A written test.

(B) An oral test.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.12; P.L.94-2008, SEC.19; P.L.269-2013, SEC.2.

 

IC 7.1-3-1.5-7Repealed

As added by P.L.161-2005, SEC.1. Repealed by P.L.165-2006, SEC.40.

 

IC 7.1-3-1.5-8Trainer certificate expiration and renewal

     Sec. 8. (a) A trainer certificate issued under this chapter expires three (3) years after the date the trainer certificate was issued.

     (b) The commission shall notify a:

(1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and

(2) retailer permittee at the time the retailer permittee renews a permit described in section 4 of this chapter;

of the renewal requirements for a trainer certificate under this chapter.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.13.

 

IC 7.1-3-1.5-9Trainer certificate renewal requirements

     Sec. 9. To renew a trainer certificate under this chapter, the certified trainer must:

(1) file the renewal application established and provided by the commission;

(2) pay a renewal fee of forty-five dollars ($45); and

(3) complete a refresher course established or approved by the commission;

not later than the expiration date of the trainer certificate.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.14.

 

IC 7.1-3-1.5-10Suspension or revocation of certificate; refusal to issue certificate; fines

     Sec. 10. (a) The commission may refuse to issue a trainer certificate under this chapter to an applicant who has been convicted of a felony if less than two (2) years have elapsed from the date the applicant was discharged from probation, imprisonment, or parole, whichever discharge date is latest, to the date the applicant applies for the trainer certificate.

     (b) The commission may:

(1) refuse to:

(A) issue a certificate under this chapter; or

(B) renew or restore a certificate issued under this chapter; or

(2) suspend or revoke a certificate issued under this chapter;

if the commission determines that the applicant or certificate holder has not complied with this chapter.

     (c) The commission may fine a certificate holder for the violation of a:

(1) provision of this chapter; or

(2) rule adopted by the commission under this chapter.

The commission may fine a certificate holder for each day the violation continues if the violation is of a continuing nature.

As added by P.L.161-2005, SEC.1. Amended by P.L.269-2013, SEC.3.

 

IC 7.1-3-1.5-11Injunction

     Sec. 11. (a) If a person violates this chapter, the attorney general, the commission, or the prosecuting attorney of the county in which the person violates this chapter may maintain an action in the name of the state to enjoin the person from continuing in violation of this chapter.

     (b) A person who is enjoined and who violates the injunction shall be punished for contempt of court.

As added by P.L.161-2005, SEC.1.

 

IC 7.1-3-1.5-12Violation; Class B infraction

     Sec. 12. (a) In the case of a program approved under IC 7.1-3-1.6, this section applies only to an individual providing the assistance described in IC 7.1-3-1.6-6(6).

     (b) A person who trains alcohol servers without a trainer certificate under this chapter commits a Class B infraction.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.15; P.L.94-2008, SEC.20; P.L.269-2013, SEC.4.

 

IC 7.1-3-1.5-13Retailer or dealer permittee; management representative; duties and responsibilities

     Sec. 13. (a) A retailer permittee or dealer permittee who operates an establishment where alcoholic beverages are served or sold must:

(1) ensure that each alcohol server completes a server program or a trainer program established or approved under section 5.5 or 6 of this chapter not later than one hundred twenty (120) days after the date the alcohol server begins employment at the establishment;

(2) require each alcohol server to attend a refresher course that includes the dissemination of new information concerning the server program subject areas described in section 6 of this chapter or subject areas of a trainer program every three (3) years after the date the alcohol server completes a server program or a trainer program; and

(3) maintain training verification records of each alcohol server.

     (b) A retailer permittee, a dealer permittee, or a management representative of a retailer or dealer permittee must complete a server program or a trainer program established or approved under section 5.5 or 6 of this chapter:

(1) not later than one hundred twenty (120) days after the date:

(A) the dealer permittee is issued a permit described in section 2 of this chapter; or

(B) the retailer permittee is issued a permit described in section 4 of this chapter; and

(2) every five (5) years after the date the retailer permittee, dealer permittee, or management representative of the retailer or dealer permittee completes a server program or a trainer program.

     (c) The commission shall notify a:

(1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and

(2) retailer permittee at the time the retailer permittee renews a permit described in section 4 of this chapter;

of the requirements under subsections (a) and (b).

     (d) The commission may suspend or revoke a retailer permittee's or dealer permittee's permit or fine a retailer permittee or dealer permittee for noncompliance with this section in accordance with IC 7.1-3-23.

As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.16; P.L.94-2008, SEC.21; P.L.10-2010, SEC.5; P.L.13-2013, SEC.27.

 

IC 7.1-3-1.5-14Server certificate

     Sec. 14. A server program established or approved under section 6 of this chapter must provide a server certificate to an individual who successfully completes the server program.

As added by P.L.165-2006, SEC.17. Amended by P.L.94-2008, SEC.22.

 

IC 7.1-3-1.5-14.5Trainer certificate

     Sec. 14.5. A trainer program established or approved under section 5.5 of this chapter must provide a trainer certificate to an individual who successfully completes the program.

As added by P.L.94-2008, SEC.23.

 

IC 7.1-3-1.5-15Observation of server program

     Sec. 15. The commission may attend and observe training by a certified trainer under a server program established or approved under section 6 of this chapter at any time.

As added by P.L.165-2006, SEC.18. Amended by P.L.94-2008, SEC.24.

 

IC 7.1-3-1.5-15.5Observation of trainer program

     Sec. 15.5. The commission may attend and observe training under a trainer program established or approved under section 5.5 of this chapter at any time.

As added by P.L.94-2008, SEC.25.

 

IC 7.1-3-1.5-16Rules

     Sec. 16. The commission shall adopt rules under IC 4-22-2 to carry out this chapter.

As added by P.L.165-2006, SEC.19.

 

IC 7.1-3-1.6Chapter 1.6. Online and Self-Study Server Courses
           7.1-3-1.6-1Applicability of IC 7.1-3-1.5 definitions
           7.1-3-1.6-2"Online course"
           7.1-3-1.6-3"Participant"
           7.1-3-1.6-4"Self-study course"
           7.1-3-1.6-5Online and self-study courses
           7.1-3-1.6-6Server program requirements
           7.1-3-1.6-7Online course requirements
           7.1-3-1.6-8Eligibility requirements for self-study course
           7.1-3-1.6-9Self-study course test requirements
           7.1-3-1.6-10Server program provider reports
           7.1-3-1.6-11Server program provider self-generated audit
           7.1-3-1.6-12Server program provider onsite audits

 

IC 7.1-3-1.6-1Applicability of IC 7.1-3-1.5 definitions

     Sec. 1. The definitions in IC 7.1-3-1.5 apply to this chapter.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-2"Online course"

     Sec. 2. As used in this chapter, "online course" means a course of instruction:

(1) designed to educate an alcohol server in the selling, serving, and consumption of alcoholic beverages; and

(2) that is provided by computer or connection to the Internet.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-3"Participant"

     Sec. 3. As used in this chapter, "participant" means a person who participates in an alcohol server program.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-4"Self-study course"

     Sec. 4. As used in this chapter, "self-study course" means a course of instruction:

(1) designed to educate an alcohol server in the selling, serving, and consumption of alcoholic beverages; and

(2) that is provided through printed materials.

The term does not include an online course.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-5Online and self-study courses

     Sec. 5. A server program under this chapter must include:

(1) an online course; and

(2) a self-study course;

approved by the commission.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-6Server program requirements

     Sec. 6. A server program under this chapter must meet the following requirements:

(1) Be one (1) or both of the following:

(A) A nationally recognized program that is approved by the commission.

(B) A program developed by and offered through the commission.

(2) Require verification of a participant's identity. In the case of an online course, verification may be through the use of a username and password, or by any other equally effective means.

(3) Provide a test consisting of at least forty (40) questions.

(4) Require a grade of at least seventy-five percent (75%) on the test to pass the course and receive a server certificate.

(5) Require completion of the course before a test may be taken.

(6) Provide participants with access to an individual with a trainer certificate to answer questions about the course content.

(7) Randomly generate combinations of test questions on a regularly scheduled basis.

(8) Use scenario-based training to enhance decision making.

(9) Comply with the requirements of IC 7.1-3-1.5-6(b).

(10) Comply with any other requirements of the commission.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-7Online course requirements

     Sec. 7. An online course must meet the following requirements:

(1) Provide a process for participants to securely log in to the course.

(2) Automatically log out participants after twenty (20) minutes of inactivity and allow participants to resume the course at the same point where they stopped.

(3) Provide intuitive:

(A) user navigation through the course; and

(B) user interface with the course.

(4) Use linear navigation that requires the completion of a module before the course proceeds to the next module.

(5) Use an interactive course design.

(6) Provide participants with adequate access to a help desk to resolve technical issues without delaying the flow of instruction.

(7) Provide that the course web site may not allow advertisements to appear on the course web site while the participant is receiving instruction, and provide that advertisements that appear on the web site when the participant is not receiving instruction follow generally accepted marketing practices.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-8Eligibility requirements for self-study course

     Sec. 8. (a) Unless an individual satisfies the eligibility requirements established by the commission under subsection (b) for participation in a self-study course, an individual may receive a server certificate only by successfully completing:

(1) a program established or approved by the commission under IC 7.1-3-1.5-6(a)(1) or IC 7.1-3-1.5-6(a)(2); or

(2) an online course under this chapter.

     (b) The commission shall adopt eligibility requirements and an approval process for an individual to participate in a self-study course. In determining eligibility, the commission may consider:

(1) an individual's limited access to a computer;

(2) any physical disabilities affecting an individual's ability to participate in an online course; and

(3) any other relevant circumstances considered by the commission.

     (c) The commission shall establish standards for printed self-study course materials, including the following:

(1) Use of good quality, full color photographs and limited illustrations to depict job tasks from the participant's point of view.

(2) Use of visual clues to focus participants on critical concepts.

(3) Use of activities that provide participants with an opportunity to practice concepts.

(4) Course materials of durable material and binding.

     (d) The text of the self-study course materials and tests must be written in clear and understandable language.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-9Self-study course test requirements

     Sec. 9. A self-study course may not provide a test that is self-administered by the participant. A self-study course test must meet the following requirements:

(1) The participant must appear in person at a location to take the test.

(2) The participant's identity must be sufficiently verified.

(3) Any other requirements established by the commission.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-10Server program provider reports

     Sec. 10. A provider of a server program under this chapter shall submit a report every month to the commission or upon the commission's request. The report must provide the following information regarding each participant in the program during the previous month:

(1) The participant's full name.

(2) The participant's date of birth.

(3) The certificate number or system generated number providing a unique identification of the participant.

(4) Whether the course taken by the participant was an online course or self-study course.

(5) The following information regarding the test taken by the participant:

(A) The date of the test.

(B) The location of the test site if the test was administered as part of a self-study course.

(C) The participant's score, reported as a percentage.

(D) Whether the participant passed or failed the exam.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-11Server program provider self-generated audit

     Sec. 11. (a) A provider of a server program under this chapter shall provide the commission with a self-generated program audit on January 2 of each year.

     (b) The self-generated program audit must include the following information for the previous calendar year:

(1) An overview of the program provider, including how long the program provider has been in existence and offered alcohol server programs for certification in Indiana.

(2) The following:

(A) A copy of the job task analysis for the job of alcohol server.

(B) The knowledge, skills, and abilities that are defined for the job of alcohol server.

(3) Information regarding the job task analysis under subdivision (2), including the following:

(A) An overview of the process used to conduct the job task analysis, including:

(i) timelines;

(ii) data collection formats; and

(iii) procedures.

(B) Credentials and demographic information of all individuals involved in the job task analysis.

(4) An overview of the process of creating the course tests.

(5) A description of the rotation of test questions.

(6) An enumeration of each of the following with respect to the provider's program:

(A) The number of each type of course taken by participants for certification in Indiana.

(B) The number of tests taken for certification in Indiana.

(C) The number of tests under clause (B) that had a passing grade or a failing grade.

(7) The program pass rate for certification in Indiana.

(8) The number of Indiana server certificates issued by the provider.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-1.6-12Server program provider onsite audits

     Sec. 12. A provider of a server program under this chapter must be willing to accept onsite audits by the commission and perform onsite audits as the commission considers necessary. An onsite audit may review the following:

(1) The self-generated program audit described in section 11 of this chapter.

(2) The number of Indiana server certificates that have been issued by the program provider.

(3) The measures taken by the program provider for the protection of test questions.

(4) The procedures of the program provider for scoring tests.

(5) The size of the item bank from which the test questions are taken.

(6) The methodology used to translate the course and test into multiple languages and the qualifications of the individuals performing the translation.

(7) The integrity of the course data generated and stored by the program provider.

(8) The program provider's data handling, reporting, and archiving capacities, policies, and procedures.

(9) The availability and credentials of individuals providing qualified assistance to participants who have questions regarding course content and instructional materials.

(10) The program provider's policies and procedures for addressing participants' questions.

(11) The program provider's procedures to ensure that participants are not discriminated against due to age, sex, race, religion, ethnic origin, disability, or marital status.

As added by P.L.269-2013, SEC.5.

 

IC 7.1-3-2Chapter 2. Brewers' Permits
           7.1-3-2-1Application
           7.1-3-2-2Persons eligible for permits
           7.1-3-2-3Preference for existing permittees
           7.1-3-2-4Out-of-state brewer; qualifications
           7.1-3-2-5Out-of-state brewer; agreement
           7.1-3-2-6Cessation of manufacturing; revocation of permit
           7.1-3-2-7Scope of permit
           7.1-3-2-7.5Sale of beer and wine from same service bar
           7.1-3-2-8Transportation of beer
           7.1-3-2-9Out-of-state brewer; use of beer wholesalers

 

IC 7.1-3-2-1Application

     Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-2-2Persons eligible for permits

     Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana if the brewer holds more than one (1) brewer's permit and manufactures, at all of the brewer's breweries located in Indiana, an aggregate of more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:

(1) an individual;

(2) a partnership, all the partners of which are bona fide residents of Indiana;

(3) a limited liability company, all the members of which are bona fide residents of Indiana; or

(4) a corporation organized and existing under the laws of Indiana and having authority under its charter to manufacture or sell beer.

The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.

     (b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue more than one (1) permit under this subsection to a brewer if the brewer manufactures, at all of the brewer's breweries located in Indiana, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:

(1) an individual;

(2) a partnership organized and existing under the laws of Indiana;

(3) a limited liability company organized and existing under the laws of Indiana; or

(4) a corporation organized and existing under the laws of Indiana.

The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.3; P.L.72-2004, SEC.5; P.L.186-2011, SEC.2; P.L.71-2012, SEC.1; P.L.79-2015, SEC.1.

 

IC 7.1-3-2-3Preference for existing permittees

     Sec. 3. Preference for Existing Permittees. A holder of a brewer's permit shall be entitled to preference in the issuance of a brewer's permit over a new applicant for that permit and the existing permittee shall not be refused the permit except for good cause after hearing.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-2-4Out-of-state brewer; qualifications

     Sec. 4. A brewer or other person located outside Indiana who is desirous of selling beer or flavored malt beverage to an Indiana permittee for importation into and resale in Indiana, in order to qualify under this title, shall file with the commission a surety bond in a penal sum equal to its average monthly excise tax liability for the previous year, payable to the state of Indiana and conditioned on the principal's faithful performance and discharge in its agreement with the commission as provided in section 5 of this chapter. The bond and agreement, unless suspended or revoked, shall be renewable annually.

[Pre-1973 Recodification Citation: 7-2-2-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.2; P.L.72-1996, SEC.2.

 

IC 7.1-3-2-5Out-of-state brewer; agreement

     Sec. 5. There shall accompany the bond required by section 4 of this chapter an agreement by the applicant to:

(1) pay to the state the taxes and fees levied by the state for which the applicant is liable on beer shipped or transported into Indiana;

(2) furnish reports required by the commission of the sales of beer and flavored malt beverage by the principal to an Indiana permittee; and

(3) consent to an examination of the principal's records pertaining to sales to an Indiana permittee.

[Pre-1973 Recodification Citation: 7-2-2-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.3; P.L.72-1996, SEC.3.

 

IC 7.1-3-2-6Cessation of manufacturing; revocation of permit

     Sec. 6. Cessation of Manufacturing: Revocation of Permit. The commission may revoke the permit of a brewer if the brewer does not, in good faith, begin to manufacture beer within six (6) months after the issuance of the permit, or if he suspends manufacturing of beer for six (6) consecutive months, without the consent and approval of the commission. The revocation shall be affected in accordance with the rules and regulations of the commission.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-2-7Scope of permit

     Sec. 7. The holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do the following:

(1) Manufacture beer.

(2) Place beer in containers or bottles.

(3) Transport beer.

(4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3.

(5) If the brewer manufactures, at all of the brewer's breweries located in Indiana, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may do the following:

(A) Sell and deliver a total of not more than thirty thousand (30,000) barrels of beer in a calendar year to a person holding a retailer or a dealer permit under this title. The total number of barrels of beer that the permit holder may sell and deliver under this clause in a calendar year may not exceed thirty thousand (30,000) barrels of beer.

(B) Be the proprietor of a restaurant.

(C) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant established under clause (B).

(D) Transfer beer directly from the brewery to the restaurant by means of:

(i) bulk containers; or

(ii) a continuous flow system.

(E) Install a window between the brewery and an adjacent restaurant that allows the public and the permittee to view both premises.

(F) Install a doorway or other opening between the brewery and an adjacent restaurant that provides the public and the permittee with access to both premises.

(G) Sell the brewery's beer by the glass for consumption on the premises. Brewers permitted to sell beer by the glass under this clause must make food available for consumption on the premises. A brewer may comply with the requirements of this clause by doing any of the following:

(i) Allowing a vehicle of transportation that is a food establishment (as defined in IC 16-18-2-137) to serve food near the brewer's licensed premises.

(ii) Placing menus in the brewer's premises of restaurants that will deliver food to the brewery.

(iii) Providing food prepared at the brewery.

(H) Sell and deliver beer to a consumer at the permit premises of the brewer or at the residence of the consumer. The delivery to a consumer may be made only in a quantity at any one (1) time of not more than one-half (1/2) barrel, but the beer may be contained in bottles or other permissible containers.

(I) Sell the brewery's beer as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than five hundred seventy-six (576) ounces. A brewer's beer may be sold under this clause at any address for which the brewer holds a brewer's permit issued under this chapter if the address is located within the same city boundaries in which the beer was manufactured.

(J) With the approval of the commission, participate:

(i) individually; or

(ii) with other permit holders under this chapter, holders of artisan distiller's permits, holders of farm winery permits, or any combination of holders described in this item;

in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. All of the permit holders may occupy the same tent, structure, or building. The commission may not grant to a holder of a permit under this chapter approval under this clause to participate in a trade show or exposition for more than forty-five (45) days in a calendar year.

(K) Store or condition beer in a secure building that is:

(i) separate from the brewery; and

(ii) owned or leased by the permit holder.

A brewer may not sell or transfer beer directly to a permittee or consumer from a building described in this clause.

(6) If the brewer's brewery manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may own a portion of the corporate stock of another brewery that:

(A) is located in the same county as the brewer's brewery;

(B) manufactures less than ninety thousand (90,000) barrels of beer in a calendar year; and

(C) is the proprietor of a restaurant that operates under subdivision (5).

(7) Provide complimentary samples of beer that are:

(A) produced by the brewer; and

(B) offered to consumers for consumption on the brewer's premises.

(8) Own a portion of the corporate stock of a sports corporation that:

(A) manages a minor league baseball stadium located in the same county as the brewer's brewery; and

(B) holds a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant located in that stadium.

(9) For beer described in IC 7.1-1-2-3(a)(4):

(A) may allow transportation to and consumption of the beer on the licensed premises; and

(B) may not sell, offer to sell, or allow sale of the beer on the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1992, SEC.3; P.L.88-1993, SEC.1; P.L.15-1994, SEC.3; P.L.107-1995, SEC.1; P.L.177-1999, SEC.6; P.L.72-2004, SEC.6; P.L.94-2008, SEC.26; P.L.10-2010, SEC.6; P.L.186-2011, SEC.3; P.L.71-2012, SEC.2; P.L.79-2015, SEC.2; P.L.144-2015, SEC.1; P.L.214-2016, SEC.2; P.L.270-2017, SEC.7.

 

IC 7.1-3-2-7.5Sale of beer and wine from same service bar

     Sec. 7.5. (a) This section applies only if the permit premises of:

(1) a farm winery; and

(2) a brewery under section 7(5) of this chapter;

occupy the same building.

     (b) Notwithstanding any other provision, a person who holds a farm winery permit and a brewery permit may sell by the glass for consumption on the premises:

(1) the farm winery's wine; and

(2) the brewery's beer;

from the same service bar, without a partition, wall, or any other structure separating the service of wine and the service of beer.

As added by P.L.97-2015, SEC.1.

 

IC 7.1-3-2-8Transportation of beer

     Sec. 8. Transportation of Beer. The transportation of beer to a county within this state shall be only in barrel or keg containers, or in bottles, or in other containers permissible under the rules and regulations of the commission. A brewer may ship beer to points outside this state in any convenient container.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-2-9Out-of-state brewer; use of beer wholesalers

     Sec. 9. An out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may:

(1) appoint a beer wholesaler to perform the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and

(2) provide a fee to a beer wholesaler who performs the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2).

As added by P.L.72-1997, SEC.1.

 

IC 7.1-3-3Chapter 3. Beer Wholesalers' Permits
           7.1-3-3-1Application
           7.1-3-3-2Necessary investment
           7.1-3-3-3Building requirements
           7.1-3-3-4Premises described in application
           7.1-3-3-5Scope of permit
           7.1-3-3-6Renewals
           7.1-3-3-7Action of commission on renewals
           7.1-3-3-8Notice of renewal
           7.1-3-3-9Demand for public hearing
           7.1-3-3-10Conduct of hearing
           7.1-3-3-11Findings and conclusions; action of commission
           7.1-3-3-12Petition for review
           7.1-3-3-13Contents of petition
           7.1-3-3-14Ad interim operations
           7.1-3-3-15Trial
           7.1-3-3-16Costs
           7.1-3-3-17Cancellation of franchise agreement
           7.1-3-3-18Certain transactions void
           7.1-3-3-19Permits prohibited to persons holding wine wholesaler's permit and liquor wholesaler's permit

 

IC 7.1-3-3-1Application

     Sec. 1. Application. The commission may issue a beer wholesaler's permit to a person who desires to sell beer at wholesale and who meets the qualifications required by this title. The commission may require additional proof, by affidavit or otherwise, that an applicant possesses any or all of the required qualifications.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-2Necessary investment

     Sec. 2. Necessary Investment. An applicant for a beer wholesaler's permit shall have available for investment, capital, in cash or property, necessary and useful in his business, exclusively as a beer wholesaler, of at least fifteen thousand dollars ($15,000), exclusive of motor vehicles. If his application is granted, the investment shall actually be made and proof of it submitted to the commission before the applicant shall engage in business as a beer wholesaler. The provisions of this section shall not apply to a permittee who held a valid beer wholesaler's permit as of April 2, 1965.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-3Building requirements

     Sec. 3. Building Requirements. The building to be occupied by a beer wholesaler shall be owned or leased by him, or storage space in it shall be leased to him. If the building or storage space is held by lease, the lease shall be for the full term of the permit, and no other person, or stockholder of a corporation, interested in the manufacture of, or in the sale at retail of, alcoholic beverages shall own the building or have any interest in it.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-4Premises described in application

     Sec. 4. (a) The premises to be used as a warehouse by an applicant shall be described in the application for the permit. The commission shall not issue a beer wholesaler's permit to an applicant for any other warehouse or premises than that described in the application. The commission shall issue only one (1) beer wholesaler's permit to an applicant, but a permittee may be permitted to transfer the permittee's warehouse to another location within the county that is not required to be within the corporate limits of an incorporated city or town, upon application to, and approval of, the commission.

     (b) As used in this subsection, "immediate relative" means the father, the mother, a brother, a sister, a son, or a daughter of a wholesaler permittee. Notwithstanding subsection (a), the commission, upon the death or legally adjudged mental incapacitation of a wholesaler permittee, may allow the transfer of the wholesaler permit only to an immediate relative of the wholesaler permittee who concurrently holds a majority share in a valid wholesaler permit.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.13; P.L.94-2008, SEC.27.

 

IC 7.1-3-3-5Scope of permit

     Sec. 5. (a) The holder of a beer wholesaler's permit may purchase and import from the primary source of supply, possess, and sell at wholesale, beer and flavored malt beverages manufactured within or without this state.

     (b) A beer wholesaler permittee may possess, transport, sell, and deliver beer to:

(1) another beer wholesaler authorized by the brewer to sell the brand purchased;

(2) an employee;

(3) a holder of a beer retailer's permit, beer dealer's permit, temporary beer permit, dining car permit, boat permit, airplane permit, or supplemental caterer's permit; and

(4) a qualified organization for:

(A) an allowable event to which IC 7.1-3-6.1 applies; or

(B) a charity auction to which IC 7.1-3-6.2 applies;

located within this state. The sale, donation to a qualified organization, transportation, and delivery of beer shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery.

     (c) The beer wholesaler's bona fide regular employees may purchase beer from the wholesaler in:

(1) bottles, cans, or any other type of permissible containers in an amount not to exceed forty-eight (48) pints; or

(2) one (1) keg;

at any one (1) time.

     (d) The importation, transportation, possession, sale, and delivery of beer shall be subject to the rules of the commission and subject to the same restrictions provided in this title for a person holding a brewer's permit.

     (e) The holder of a beer wholesaler's permit may purchase, import, possess, transport, sell, and deliver any commodity listed in IC 7.1-3-10-5, unless prohibited by this title. However, a beer wholesaler may deliver flavored malt beverages only to the holder of one (1) of the following permits:

(1) A beer wholesaler or wine wholesaler permit, if the wholesaler is authorized by the primary source of supply to sell the brand of flavored malt beverage purchased.

(2) A wine retailer's permit, wine dealer's permit, temporary wine permit, dining car wine permit, boat permit, airplane permit, or supplemental caterer's permit.

     (f) A beer wholesaler may:

(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9 and deliver the stored beer to another beer wholesaler that the out-of-state brewer authorizes to sell the beer;

(2) perform all necessary accounting and auditing functions associated with the services described in subdivision (1); and

(3) receive a fee from an out-of-state brewer for the services described in subdivisions (1) through (2).

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.3; Acts 1974, P.L.25, SEC.2. As amended by Acts 1978, P.L.52, SEC.1; P.L.57-1984, SEC.6; P.L.78-1986, SEC.3; P.L.72-1996, SEC.4; P.L.72-1997, SEC.2; P.L.224-2005, SEC.5; P.L.94-2008, SEC.28; P.L.153-2015, SEC.4.

 

IC 7.1-3-3-6Renewals

     Sec. 6. Renewals. A permittee who holds a beer wholesaler's permit and who desires that it be renewed shall file an application for renewal with the commission not less than thirty (30) days prior to the expiration of the existing permit. The application shall be made in the same manner that an application for an original permit is made.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-7Action of commission on renewals

     Sec. 7. Action of Commission on Renewals. The commission shall notify the applicant in writing of its determination to grant or deny the renewal of a beer wholesaler's permit not more than ten (10) days after the filing of the application. The notice may be given by personal service upon the applicant or by registered mail, addressed to applicant at the address shown in the application for renewal. The registration and deposit of the notice, properly addressed, in the post office within the ten (10) day period shall be sufficient when the notice is given by registered mail.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-8Notice of renewal

     Sec. 8. Notice of Renewal. The determination shall be final and conclusive if the notice advises the applicant that his beer wholesaler's permit will be renewed at the expiration of the existing permit term. Prior to the expiration of the existing permit term, the commission shall issue a renewal beer wholesaler's permit to the applicant for the ensuing year. The failure on the part of the commission to issue the renewal permit prior to the expiration of the existing permit shall not deprive the applicant of the right to continue in operation pending its issuance.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-9Demand for public hearing

     Sec. 9. Demand for Public Hearing. The commission shall state in the notice to the applicant the reasons for the denial of the renewal of his beer wholesaler's permit if they decide not to renew the permit. The commission shall grant a public hearing to the applicant on the matter if, within five (5) days after receipt by the applicant of the notice of denial, he files with the commission a written demand for a public hearing. The hearing shall be held either in the offices of the commission or in the county seat of the county in which the applicant's place of business is located after ten (10) days' notice to the applicant of the time and place of the hearing.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-10Conduct of hearing

     Sec. 10. Conduct of Hearing. The hearing on the denial of the renewal shall be conducted by a member of the commission or by a special examiner designated by it for this purpose. A deputy attorney general of the state shall represent the State of Indiana at the hearing and he shall present the written and oral evidence in support of the reasons given in the notice of the denial of the renewal of the beer wholesaler's permit. The applicant, in person or by counsel, shall present his evidence in support of his right to the renewal and in rebuttal of the evidence presented by the state. The burden shall be upon the state to establish the existence and sufficiency of the reasons for the denial of the renewal of the permit.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-11Findings and conclusions; action of commission

     Sec. 11. Findings and Conclusions: Action of Commission. The person who conducted the hearing shall make a report of the recommended findings of fact and conclusions to the commission following the hearing. The commission, upon receipt of the report, by a majority vote of its membership, shall make findings of fact and state its conclusions affirming or reversing the proposed denial of renewal. The commission shall enter its order accordingly and that order shall be final and conclusive except as otherwise provided in this title. The commission shall serve the applicant, personally or by registered mail, with a copy of the findings of fact, conclusions, and order.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-12Petition for review

     Sec. 12. Petition for Review. The applicant, if the order of the commission affirms the denial of the renewal of his permit, may file, within ten (10) days following its receipt by him, an action to review the findings, conclusions and order in the Superior Court of Marion County, or in the circuit or superior court of the county in which the applicant has his licensed premises, to set aside and enjoin the enforcement of the order of denial on the grounds that it is unlawful, unreasonable, or insufficient, or that it was obtained by wrongful, fraudulent or other unlawful methods.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-13Contents of petition

     Sec. 13. Contents of Petition. The petition for review shall be verified by the applicant, or by someone in his behalf having knowledge of the matters stated in the petition, and may include a prayer that a temporary restraining order be issued against the commission, temporarily restraining it from enforcing its order denying the renewal. The temporary restraining order, if issued, shall be issued in accordance with the procedures provided in the Indiana Rules of Civil Procedure.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-14Ad interim operations

     Sec. 14. Ad Interim Operations. The denial of the renewal of the permit shall not become effective until ten (10) days following the receipt by the applicant of a copy of the findings of fact, conclusions, and order of the commission affirming the denial if notice of denial of renewal has been given and a public hearing has been demanded as provided in this chapter. The enforcement of the commission's order of denial of renewal shall be suspended pending the expiration or dissolution of the temporary restraining order if one has been sought and issued as provided in this chapter. During the period that the order of denial is ineffective or suspended, the applicant shall be fully authorized and entitled to operate as a beer wholesaler to the same extent and effect as though a renewal permit had been issued concurrently with the expiration of his previous permit, and without being liable, criminally or civilly, on the ground of operating his beer wholesaler's business without a permit.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-15Trial

     Sec. 15. Trial. The court shall give preference to the action for review in order that, consistent with justice, the matters in issue may be determined speedily. A change of venue from the county shall not be granted in an action for review, but either party may apply for and secure a change of judge under the Indiana Rules of Civil Procedure. The trial of the action shall be by the court without the intervention of a jury.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-16Costs

     Sec. 16. Costs. The commission, in the event the denial of renewal becomes final as a result of a failure to bring an action for review, or as a result of the final judgment of the court in which the action was brought, shall deduct from the annual license fee accompanying the application the amount of court costs taxed against the applicant and shall pay it to the clerk of the court. The commission shall apply the balance of the annual license fee to the payment of a license fee for the period of the beer wholesaler's continued operation computed at the rate of two dollars and seventy-five cents ($2.75) per day for the number of calendar days, including Sundays and holidays, elapsed during the period of continued operation.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-17Cancellation of franchise agreement

     Sec. 17. Cancellation of Franchise Agreement. The circuit or superior court of the county in which the licensed premises of a beer wholesaler are located shall have jurisdiction to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a brewer in violation of IC 1971, 7.1-5-5-9. The action may be brought by a beer wholesaler or brewer who is or might be adversely affected by the cancellation or termination. The court, in granting an injunction under this section, shall provide that the brewer shall not supply the customers or territory of the beer wholesaler through servicing the customers or territory through another beer wholesaler or by any other means while the injunction is in effect. An injunction issued under this section shall require the posting of proper bond against damages for an injunction improvidently granted and a showing that the danger of irrevocable loss or damage is immediate. The beer wholesaler shall continue to service the accounts of the brewer in good faith during the term of the injunction.

[Pre-1973 Recodification Citation: 7-2-1-23(b).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-18Certain transactions void

     Sec. 18. Certain Transactions Void. The transfer, sale, acquisition, assignment, control of, or beneficial interest, direct or indirect, in or to a beer wholesaler's permit, or in its business, or in its corporate stock, by a brewer contrary to the provisions of IC 1971, 7.1-5-9-2, or the transfer, assignment upon the capital stock book, or other corporate record, of a corporation holding a beer wholesaler's permit, of the capital stock, or a part of it, is wholly void and not capable of validation.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-3-19Permits prohibited to persons holding wine wholesaler's permit and liquor wholesaler's permit

     Sec. 19. The commission may not issue a beer wholesaler's permit to a person who holds a wine wholesaler's permit and a liquor wholesaler's permit.

As added by P.L.72-1996, SEC.5.

 

IC 7.1-3-4Chapter 4. Beer Retailers' Permits
           7.1-3-4-1Application
           7.1-3-4-2Special disqualifications
           7.1-3-4-3Premises outside corporate limits
           7.1-3-4-4Repealed
           7.1-3-4-5Repealed
           7.1-3-4-6Scope of permit
           7.1-3-4-7Limitation of sales; fees; clubs; discrimination

 

IC 7.1-3-4-1Application

     Sec. 1. Application. The commission may issue a beer retailer's permit to a person who desires to sell beer to customers for consumption on the licensed premises and who meets the qualifications provided by this title.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-4-2Special disqualifications

     Sec. 2. (a) The commission shall not issue a beer retailer's permit, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons:

(1) An alien.

(2) A person who:

(A) is not of good moral character and of good repute in the community in which the person resides; or

(B) has been convicted within ten (10) years before the date of application of:

(i) a federal crime having a sentence of at least one (1) year;

(ii) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or

(iii) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014).

(3) A person who does not own the premises to which the permit will be applicable, or who does not have a bona fide lease on the premises for the full period for which the permit is to be issued.

(4) A law enforcement officer or an officer who is not an elected officer of a municipal corporation, or governmental subdivision, or of this state, charged with any duty or function in the enforcement of this title.

(5) An officer or employee of a person engaged in the alcoholic beverage traffic, which person is a nonresident of this state, or is engaged in carrying on any phase of the manufacture of, traffic in, or transportation of alcoholic beverages without a permit under this title when a permit is required by this title.

(6) If the permit applicant does not hold a brewer's permit, a person who leases from a person, or an officer or agent of that person, who holds a brewer's permit or a beer wholesaler's permit.

(7) If the permit applicant does not hold a brewer's permit, a person who is indebted to a person who holds a brewer's permit or a beer wholesaler's permit, or an officer or agent of that person, for a debt secured by a lien, mortgage, or otherwise, upon the premises for which the beer retailer's permit is to be applicable, or upon any of the property or fixtures on the premises, or used, or to be used in connection with the premises.

(8) 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 beer retailer's permit to the person.

(9) A minor.

(10) A person non compos mentis.

(11) A person who has held a permit under this title and who has had that permit revoked within one (1) year prior to the date of application for a beer retailer's permit.

(12) A person who has made an application for a permit of any type which has been denied less than one (1) year prior to the person's application for a beer retailer's permit unless the first application was denied by reason of a procedural or technical defect.

(13) A person who is not the proprietor of a restaurant located and being operated on the premises described in the application for the beer retailer's permit, or of a hotel, or of a club, owning, or leasing the premises as a part of it. The disqualification contained in this subdivision shall not apply to the qualifications for or affect the privileges to be accorded under a beer dealer's permit or a dining car beer permit.

     (b) Subsection (a)(9) does not prevent a minor from being a stockholder in a corporation.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999, SEC.14; P.L.158-2013, SEC.123.

 

IC 7.1-3-4-3Premises outside corporate limits

     Sec. 3. Premises Outside Corporate Limits. (a) The commission may issue a beer retailer's permit for premises situated outside the corporate limits of an incorporated city or town if the premises are within, or in immediate proximity to, an unincorporated town:

(1) which has been a settlement or a group of residences for more than ten (10) years;

(2) to which the inhabitants of the surrounding countryside resort for purchases or public meetings or as a community or neighborhood center; and

(3) which has borne a name and has been known by that name for more than ten (10) years.

     (b) The county surveyor of the county in which the premises is located shall certify the information set forth in subsection (a) to the commission.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.276-2001, SEC.2.

 

IC 7.1-3-4-4Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.270-2017, SEC.8.

 

IC 7.1-3-4-5Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

 

IC 7.1-3-4-6Scope of permit

     Sec. 6. (a) The holder of a beer retailer's permit shall be entitled to purchase beer for sale under his permit only from a permittee entitled to sell to him under this title. A beer retailer shall be entitled to possess beer and sell it at retail to a customer for consumption on the licensed premises. A beer retailer also shall be entitled to sell beer to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's house.

     (b) A beer retailer shall not be entitled to sell beer at wholesale. He shall not be entitled to sell and deliver beer on the street or at the curb outside the licensed premises, nor shall he be entitled to sell beer at a place other than the licensed premises. However, a beer retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.

     (c) A beer retailer shall be entitled to sell and deliver warm or cold beer for carry out, or for at-home delivery, in barrels or other commercial containers in a quantity that does not exceed fifteen and one-half (15 1/2) gallons at any one (1) time.

[Pre-1973 Recodification Citation: 7-1-1-11.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.2; P.L.112-1987, SEC.5.

 

IC 7.1-3-4-7Limitation of sales; fees; clubs; discrimination

     Sec. 7. (a) Notwithstanding any other law, a beer retailer may limit sales to the following:

(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.

(2) Guests of a person described in subdivision (1).

     (b) A beer retailer may call the annual fee described in subsection (a) a membership fee.

     (c) A beer retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.

     (d) This section does not allow a beer retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.

As added by P.L.73-1991, SEC.1.

 

IC 7.1-3-5Chapter 5. Beer Dealers' Permits
           7.1-3-5-0.3Legalization of certain beer dealer permits issued or transferred after June 30, 1997, until March 14, 2002
           7.1-3-5-1Application
           7.1-3-5-2Applicants eligible for permits; renewal of permits; proprietor residency requirements
           7.1-3-5-3Scope of permit
           7.1-3-5-4Renewal or transfer of certain permits held before July 1, 2008
           7.1-3-5-5Reporting annual gross sales of food; confidential; department of state revenue; verification

 

IC 7.1-3-5-0.3Legalization of certain beer dealer permits issued or transferred after June 30, 1997, until March 14, 2002

     Sec. 0.3. A new or renewal beer dealer permit issued or transferred to a package liquor store after June 30, 1997, and until March 14, 2002, is legalized.

As added by P.L.220-2011, SEC.172.

 

IC 7.1-3-5-1Application

     Sec. 1. Application. The commission may issue a beer dealer's permit to a person who desires to sell beer to customers for consumption only off the licensed premises and who meets the qualifications provided by this title.

[Pre-1973 Recodification Citation: 7-1-1-12.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-5-2Applicants eligible for permits; renewal of permits; proprietor residency requirements

     Sec. 2. (a) As used in this section, "proprietor of a package liquor store" means the person that:

(1) holds the financial investment in; and

(2) exercises the financial and operational oversight of;

a package liquor store.

     (b) The commission may issue a beer dealer's permit only to an applicant who is the proprietor of a drug store, grocery store, or package liquor store.

     (c) Subject to subsection (d), the commission may issue a beer dealer's permit to an applicant that is a foreign corporation if:

(1) the applicant is duly admitted to do business in Indiana;

(2) the sale of beer is within the applicant's corporate powers; and

(3) the applicant is otherwise qualified under this title.

     (d) Except as provided under IC 7.1-3-21-5.6, the commission may issue a beer dealer's permit under subsection (c) for the premises of a package liquor store only if the proprietor of the package liquor store satisfies the Indiana resident ownership requirements described in IC 7.1-3-21-5(b), IC 7.1-3-21-5.2(b), or IC 7.1-3-21-5.4(b).

     (e) The commission shall not issue a beer dealer's permit to a person who is disqualified under the special disqualifications. However, the special disqualification listed in IC 7.1-3-4-2(a)(13) shall not apply to an applicant for a beer dealer's permit.

     (f) Notwithstanding subsection (b), the commission may renew a beer dealer's permit for an applicant who:

(1) held a permit before July 1, 1997; and

(2) is the proprietor of a confectionery or a store that:

(A) is not a drug store, grocery store, or package liquor store;

(B) is in good repute; and

(C) in the judgment of the commission, deals in merchandise that is not incompatible with the sale of beer.

[Pre-1973 Recodification Citation: 7-1-1-12.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.74-1997, SEC.1; P.L.41-2002, SEC.1; P.L.133-2016, SEC.1; P.L.214-2016, SEC.3.

 

IC 7.1-3-5-3Scope of permit

     Sec. 3. (a) The holder of a beer dealer's permit shall be entitled to purchase beer for sale under the permit only from a permittee entitled to sell to a beer dealer under this title.

     (b) A beer dealer shall be entitled to possess beer and sell it at retail to a customer in permissible containers only.

     (c) A beer dealer may not sell beer by the drink nor for consumption on the licensed premises nor shall a beer dealer allow it to be consumed on the licensed premises.

     (d) Except as provided in subsection (e), a beer dealer shall be entitled to sell beer to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's residence or office. A beer dealer shall not be entitled to sell and deliver beer on the street or at the curb outside the licensed premises, nor shall a beer dealer be entitled to sell beer at a place other than the licensed premises. A beer dealer shall not be entitled to sell beer and deliver beer for carry-out, or for delivery to a customer's residence or office, in a quantity that exceeds eight hundred sixty-four (864) ounces in a single transaction. However, notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell and deliver warm or cold beer for carry-out, or for delivery to a customer's residence, office, or a designated location in barrels or other commercial containers that do not exceed two thousand sixteen (2,016) ounces per container. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.

     (e) Unless a beer dealer is a grocery store or drug store, a beer dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. A beer dealer that is a grocery store or drug store may sell any item except alcoholic beverages through a window in the licensed premises to a patron who is outside the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-12.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.3; P.L.65-1990, SEC.1; P.L.106-1995, SEC.7; P.L.204-2001, SEC.27.

 

IC 7.1-3-5-4Renewal or transfer of certain permits held before July 1, 2008

     Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the commission may renew or transfer ownership of a beer dealer's permit for a beer dealer who:

(1) held a permit before July 1, 2008; and

(2) has a premises that does not qualify for a permit as a grocery store under IC 7.1-1-3-18.5.

     (b) The commission may transfer ownership of a beer dealer's permit under this section only to an applicant who is the proprietor of:

(1) a drug store;

(2) a grocery store; or

(3) a package liquor store.

As added by P.L.94-2008, SEC.29.

 

IC 7.1-3-5-5Reporting annual gross sales of food; confidential; department of state revenue; verification

     Sec. 5. (a) As used in this section, "annual gross sales of food" refers to annual gross sales of food for human consumption that are exempt from the state gross retail tax.

     (b) The holder of a permit issued to a grocery store that is generally known as a convenience store or food mart as described in IC 7.1-1-3-18.5(a)(2) shall report annually to the commission the amount of the permit holder's establishment's annual gross sales of food.

     (c) An applicant who:

(1) is applying for a beer dealer's permit; and

(2) is the proprietor of a grocery store that is generally known as a convenience store or food mart as described in IC 7.1-1-3-18.5(a)(2);

shall report to the commission the amount of the applicant's establishment's annual gross sales of food.

     (d) The information provided to the commission under subsections (b) and (c) regarding the amount of annual gross sales of food is confidential information and may not be disclosed to the public under IC 5-14-3. However, the commission may disclose the information:

(1) to the department of state revenue to verify the accuracy of the amount of annual gross sales of food reported to the commission under subsections (b) and (c); and

(2) in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of a discrepancy in the amount of annual gross sales discovered by the department of state revenue.

     (e) The department of state revenue shall verify the accuracy of the reports provided to the commission under this section. The department of state revenue shall report to the commission any discrepancy that the department discovers between:

(1) the amount of annual gross sales of food that the permit holder has reported to the department; and

(2) the amount of annual gross sales of food that the permit holder has reported to the commission.

     (f) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling its obligations under this section, the department of state revenue may provide to the commission confidential information. The commission shall maintain the confidentiality of information provided by the department of state revenue under this section. However, the commission may disclose the information in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of a discrepancy discovered by the department of state revenue under subsection (e).

As added by P.L.94-2008, SEC.30.

 

IC 7.1-3-6Chapter 6. Temporary, Dining Car, and Boat Beer Permits
           7.1-3-6-1Temporary beer permits
           7.1-3-6-2Persons eligible for permits
           7.1-3-6-3Reasons for permit
           7.1-3-6-3.5Temporary beer permit; cities of 150,000 to 500,000; conditions; approval of mayor
           7.1-3-6-3.6Temporary beer permits; town parks
           7.1-3-6-3.8Temporary beer permit issued to brewer for festival or event
           7.1-3-6-4Term of permit
           7.1-3-6-5Scope of permit
           7.1-3-6-6Dining car beer permits
           7.1-3-6-7Scope of permit
           7.1-3-6-8Display of permit
           7.1-3-6-9Renewals
           7.1-3-6-10Excise tax
           7.1-3-6-11Shipments by carrier
           7.1-3-6-12Boat beer permits; application
           7.1-3-6-13Prerequisites
           7.1-3-6-14Scope of permit
           7.1-3-6-15Temporary boat beer permits
           7.1-3-6-16Race track beer retailer permit

 

IC 7.1-3-6-1Temporary beer permits

     Sec. 1. (a) Subject to sections 3.5 and 3.6 of this chapter, the commission may issue a temporary beer permit without publication of notice or investigation before a local board to a qualified person as provided in this chapter. In all other respects, a temporary beer permit shall be issued, revoked, and governed by the restrictions and limitations made in a provisional order or rule or regulation of the commission.

     (b) The commission shall issue a temporary beer permit to an applicant if:

(1) the applicant submits an application for a temporary beer permit to the commission not later than five (5) business days before the event for which the permit is requested; and

(2) the applicant meets all requirements for a temporary beer permit.

     (c) If authorized by the chairman or the chairman's designee, and at the commission's discretion, a temporary beer permit may be issued to an applicant that:

(1) submits an application for the temporary beer permit to the commission later than five (5) business days before the event for which the temporary beer permit is requested; and

(2) meets all requirements for a temporary beer permit.

[Pre-1973 Recodification Citation: 7-1-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.73-1996, SEC.1; P.L.196-2015, SEC.7.

 

IC 7.1-3-6-2Persons eligible for permits

     Sec. 2. The commission may issue a temporary beer permit to a person who is qualified to hold a beer retailer's permit and who has such other qualifications as the commission may prescribe by a provisional order until it adopts a rule or regulation on the matter. However, the special disqualifications listed in IC 7.1-3-4-2(a)(3), IC 7.1-3-4-2(a)(8), and IC 7.1-3-4-2(a)(13), and the residency requirements provided in IC 7.1-3-21-3, shall not apply to an applicant for a temporary beer permit.

[Pre-1973 Recodification Citation: 7-1-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.214-2016, SEC.4.

 

IC 7.1-3-6-3Reasons for permit

     Sec. 3. The commission may issue a temporary beer permit only to:

(1) enable a fair, athletic event, barbecue, picnic, wedding reception, convention, exhibition, spectacle or contest to be publicly held and carried on; or

(2) accommodate the institutional activities of an association, society, charitable or benevolent organization, or a branch of one (1) of these, or both.

[Pre-1973 Recodification Citation: 7-1-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.250-2003, SEC.9.

 

IC 7.1-3-6-3.5Temporary beer permit; cities of 150,000 to 500,000; conditions; approval of mayor

     Sec. 3.5. (a) This section applies to a temporary beer permit for the sale of beer within a city having a population of more than one hundred fifty thousand (150,000) but less than five hundred thousand (500,000).

     (b) The commission may not issue a temporary beer permit to a person unless:

(1) the person meets all requirements for a temporary beer permit under this chapter; and

(2) the mayor of the city in which the beer will be sold approves the issuance of the temporary beer permit.

     (c) If a person asks the mayor to approve the issuance of a temporary beer permit, the mayor shall notify the commission of the mayor's decision to approve or disapprove the permit not later than fourteen (14) days after the person's request for approval.

     (d) If the mayor does not approve or disapprove the request within the time required by subsection (c), the commission shall consider the request to be approved by the mayor.

As added by P.L.52-1992, SEC.4.

 

IC 7.1-3-6-3.6Temporary beer permits; town parks

     Sec. 3.6. (a) This section applies to a temporary beer permit for the sale of beer in a town park in a town having a population of less than ten thousand (10,000).

     (b) The commission may not issue a temporary beer permit to a person unless:

(1) the person meets all of the requirements for a temporary beer permit under:

(A) sections 1 through 3 of this chapter; or

(B) section 3.8 of this chapter; and

(2) the town council:

(A) holds a public hearing on the request for a permit; and

(B) approves the issuance of the temporary beer permit.

     (c) If a person asks a town council to approve the issuance of a temporary beer permit, the town clerk-treasurer shall notify the commission of the town council's decision to approve or disapprove the permit not later than thirty (30) days after the person's request for approval.

     (d) If a person who applies for a temporary beer permit from the commission demonstrates to the satisfaction of the commission that no action was taken on the person's request by the town council under subsection (c), the commission shall consider the request to be approved by the town council.

As added by P.L.73-1996, SEC.2. Amended by P.L.214-2016, SEC.5.

 

IC 7.1-3-6-3.8Temporary beer permit issued to brewer for festival or event

     Sec. 3.8. (a) Notwithstanding any other provision in this chapter, the commission may issue a temporary beer permit if all the following apply:

(1) The temporary beer permit is issued for a festival or event that meets all the following:

(A) The festival or event promotes, at least in part, beer manufactured at a brewery described in IC 7.1-3-2-7(5).

(B) The anticipated attendance of the festival or event is at least seven thousand five hundred (7,500) people.

(C) Adequate security measures will be provided at the festival or event.

(D) Individuals less than twenty-one (21) years of age will not be allowed to attend the festival or event.

(2) The applicant for the temporary beer permit:

(A) has held a brewer's permit for a brewery described in IC 7.1-3-2-7(5) for at least three (3) years; and

(B) pays an application fee to the commission of two thousand five hundred dollars ($2,500).

     (b) The commission may issue a temporary beer permit only for an area at a festival or event that is enclosed by fencing, barricades, or structures. The area may be an outside area that is contiguous to a brewery described in IC 7.1-3-2-7(5) or restaurant or at another location that is not on or near the premises of a brewery or restaurant.

     (c) The commission may issue a temporary beer permit under this section for a term, up to and including, three (3) days from its issuance.

     (d) The commission may not issue a temporary beer permit under this section to any one (1) person more than two (2) times in a calendar year.

     (e) Notwithstanding any other provision of this title, the holder of the temporary beer permit may allow an individual who attends the festival or event to carry beer, in a quantity that does not exceed a total of two hundred eighty-eight (288) ounces, into the permitted area. Beer carried in to a festival or event under this subsection may be consumed or traded only in the permitted area.

     (f) An individual who attends the festival or event may carry out beer in sealed, unopened containers from the temporary beer permit area.

As added by P.L.214-2016, SEC.6.

 

IC 7.1-3-6-4Term of permit

     Sec. 4. Term of Permit. The commission may issue a temporary beer permit for a term, to and including, fifteen (15) days from its issuance. However, if an emergency exists, in the judgment of the commission, a temporary beer permit may be renewed for a period not to exceed fifteen (15) additional days.

[Pre-1973 Recodification Citation: 7-1-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-5Scope of permit

     Sec. 5. The holder of a temporary beer permit shall be entitled to purchase and receive beer on any day of the year, only from a person who holds a brewer's permit, a beer wholesaler's permit, or a beer dealer's permit at their respective places of business. A lawful supplier may sell and deliver beer to a temporary beer permit holder on any day of the year at his place of business. Except as provided in IC 7.1-3-6.1 and IC 7.1-3-6.2, the holder of a temporary beer permit shall be entitled to sell beer only for consumption on the licensed premises, and shall be subject to the same restrictions as apply to the sale of beer by the holder of a beer retailer's permit. Except as provided in IC 7.1-3-6.1 and IC 7.1-3-6.2, a temporary beer permittee shall not be entitled to sell at wholesale or for carry-out from the licensed premises.

[Pre-1973 Recodification Citations: 7-1-1-9; 7-1-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.153-2015, SEC.5.

 

IC 7.1-3-6-6Dining car beer permits

     Sec. 6. Dining Car Beer Permits. The commission may issue a dining car beer permit to a corporation that owns or operates a railroad as a public carrier. The commission also may issue a dining car permit to a person who owns, operates, or leases cars which are operated as part of a railroad train. A dining car beer permit may be issued without publication of notice or investigation before a local board but the issuance shall conform to any rules or regulations made by the commission. Dining car beer permits shall be issued at the rate of one (1) permit for a unit to consist of not more than five (5) dining and buffet cars.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-7Scope of permit

     Sec. 7. Scope of Permit. The holder of a dining car beer permit shall be entitled to bring into Indiana, for the purpose of service within its dining and buffet cars, sufficient beer for the accommodation of passengers riding on the train, when served by the drink only and to be consumed upon the premises, for the entire trip being made by the cars.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-8Display of permit

     Sec. 8. Display of Permit. The original dining car beer permit shall be kept displayed at the main Indiana office of the person to whom it was issued. A certificate of an officer or agent of the permittee stating that a dining car beer permit is in full force and effect for the car, or words to that effect, shall be kept displayed in each licensed dining and buffet car.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-9Renewals

     Sec. 9. Renewals. The holder of a dining car beer permit need not renew his permit annually. However, in order to keep the permit in force, the permittee must pay the annual license fee to the chairman on the anniversary date of the issuance of the original permit.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-10Excise tax

     Sec. 10. The holder of a dining car beer permit shall pay to the department the beer excise tax on the beer or flavored malt beverage withdrawn for sale within Indiana.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.6. As amended by P.L.72-1996, SEC.6.

 

IC 7.1-3-6-11Shipments by carrier

     Sec. 11. Shipments by Carrier. Nothing contained in a dining car beer permit or the privileges accorded under it shall effect the provisions of this title in regard to the shipment of alcoholic beverages by a carrier for either a consignor, or a consignee, or both.

[Pre-1973 Recodification Citation: 7-1-1-14.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-12Boat beer permits; application

     Sec. 12. Boat Beer Permits: Application. The commission may issue a boat beer permit to the proprietor of a boat engaged in regular passenger service and which makes regular runs in seasonable weather between established termini.

[Pre-1973 Recodification Citation: 7-1-1-15.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-13Prerequisites

     Sec. 13. Prerequisites. The commission shall follow all the procedures for publication of notice and investigation before a local board as provided in IC 1971, 7.1-3-19, before it issues a boat beer permit. However, the publication and investigation shall be made in any county in this state where the particular boat usually docks.

[Pre-1973 Recodification Citation: 7-1-1-15.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-14Scope of permit

     Sec. 14. The holder of a boat beer permit may purchase beer, possess it, and sell it at retail for consumption only in the dining room of the boat described in the application. The permit holder may sell beer only in the course of a run and only one (1) hour before the boat embarks on the run.

[Pre-1973 Recodification Citation: 7-1-1-15.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.77-1988, SEC.2.

 

IC 7.1-3-6-15Temporary boat beer permits

     Sec. 15. Temporary Boat Beer Permits. The commission may issue a temporary boat beer permit to the proprietor of a boat under the same terms and conditions as are provided for the issuance of a temporary beer permit. A temporary boat beer permit shall be applicable to the dining room of the boat only and may be issued only for an excursion voyage.

[Pre-1973 Recodification Citation: 7-1-1-15.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-6-16Race track beer retailer permit

     Sec. 16. (a) The commission may issue a beer retailer permit, either inside or outside corporate limits, to the proprietor of a race track that:

(1) meets the specifications of rules adopted by the commission; and

(2) is sanctioned by a nationally chartered and recognized racing organization.

     (b) The scope of a permit issued under this section, including the times during which beer may be sold, shall be set by rules adopted by the commission.

     (c) A permit issued under this section is exempt from IC 7.1-3-21-1 and IC 7.1-3-22-3. The permit is not transferable for ownership or location.

As added by P.L.106-1995, SEC.8.

 

IC 7.1-3-6.1Chapter 6.1. Charity Gaming Prizes
           7.1-3-6.1-1"Allowable event"
           7.1-3-6.1-2"Qualified organization"
           7.1-3-6.1-3Alcoholic beverage prizes at allowable events without an alcoholic beverage permit permitted
           7.1-3-6.1-4Criteria for alcoholic beverage prizes
           7.1-3-6.1-5Donations of alcoholic beverages to be prizes
           7.1-3-6.1-6Alcoholic beverage prize winner presence required; requirements for designated person to give alcoholic beverage prize away
           7.1-3-6.1-7Allowable events conducted on premises not licensed to sell alcoholic beverages permitted

 

IC 7.1-3-6.1-1"Allowable event"

     Sec. 1. As used in this chapter, "allowable event" has the meaning set forth in IC 4-32.2-2-2.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-2"Qualified organization"

     Sec. 2. As used in this chapter, "qualified organization" has the meaning set forth in IC 4-32.2-2-24.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-3Alcoholic beverage prizes at allowable events without an alcoholic beverage permit permitted

     Sec. 3. A qualified organization that holds a license under IC 4-32.2-4 may give an alcoholic beverage as a prize at an allowable event without obtaining an alcoholic beverage permit under this title.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-4Criteria for alcoholic beverage prizes

     Sec. 4. A qualified organization may give away as a prize for an allowable event an alcoholic beverage that is:

(1) purchased by or donated to the qualified organization by a permittee or person described in section 5 of this chapter;

(2) in sealed bottles or cases; and

(3) provided for consumption off the premises only.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-5Donations of alcoholic beverages to be prizes

     Sec. 5. A qualified organization may:

(1) purchase or receive donations of alcoholic beverages in sealed bottles or cases from:

(A) a wholesaler permittee;

(B) a retailer permittee;

(C) a dealer permittee;

(D) a farm winery permittee;

(E) a brewer permittee for a brewery that manufactures an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana; or

(F) an artisan distiller permittee; and

(2) receive donations of alcoholic beverages in sealed bottles or cases from persons who are not permittees.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-6Alcoholic beverage prize winner presence required; requirements for designated person to give alcoholic beverage prize away

     Sec. 6. (a) An individual must be present at the allowable event in order to win an alcoholic beverage prize. The prize winner must be given the alcoholic beverage prize in person by an individual designated by the qualified organization.

     (b) The individual designated by the qualified organization to give away an alcoholic beverage prize must be at least twenty-one (21) years of age. The individual may not be required to obtain an employee's permit under IC 7.1-3-18-9 or a temporary bartender's permit under IC 7.1-3-18-11 to award a prize at an allowable event.

     (c) When giving away an alcoholic beverage prize, the individual designated by the qualified organization shall comply with IC 7.1-5-10-15, IC 7.1-5-10-23, and any other provision of this title that applies to the furnishing of alcoholic beverages for consumption off the premises.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.1-7Allowable events conducted on premises not licensed to sell alcoholic beverages permitted

     Sec. 7. An allowable event to which this chapter applies may be conducted on premises that are not licensed under this title for the sale of alcoholic beverages.

As added by P.L.153-2015, SEC.6.

 

IC 7.1-3-6.2Chapter 6.2. Charity Auctions
           7.1-3-6.2-1"Qualified organization"
           7.1-3-6.2-2Alcoholic beverage auctions by qualified organizations not licensed to sell alcoholic beverages permitted
           7.1-3-6.2-3Criteria for alcoholic beverages to be auctioned
           7.1-3-6.2-4Auction proceeds
           7.1-3-6.2-5Criteria for alcoholic beverages to be auctioned
           7.1-3-6.2-6Presence required to participate in auction; requirements for designated person to give alcoholic beverage prize away
           7.1-3-6.2-7Charity auction conducted on premises not licensed to sell alcoholic beverages permitted

 

IC 7.1-3-6.2-1"Qualified organization"

     Sec. 1. As used in this chapter, "qualified organization" has the meaning set forth in IC 4-32.2-2-24.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-2Alcoholic beverage auctions by qualified organizations not licensed to sell alcoholic beverages permitted

     Sec. 2. A qualified organization may sell an alcoholic beverage at auction as provided under this chapter without obtaining an alcoholic beverage permit under this title.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-3Criteria for alcoholic beverages to be auctioned

     Sec. 3. A qualified organization may sell at auction an alcoholic beverage that is:

(1) purchased from or received as a donation from a permittee or person described in section 5 of this chapter;

(2) in sealed bottles or cases; and

(3) for consumption off the premises only.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-4Auction proceeds

     Sec. 4. All sale proceeds of each auctioned alcoholic beverage must be used to support the institutional activities of the qualified organization.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-5Criteria for alcoholic beverages to be auctioned

     Sec. 5. A qualified organization may auction alcoholic beverages that are purchased by or donated to the qualified organization in sealed bottles or cases from:

(1) a wholesaler permittee;

(2) a retailer permittee;

(3) a dealer permittee;

(4) a farm winery permittee;

(5) a brewer permittee for a brewery that manufactures an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana;

(6) an artisan distiller permittee; or

(7) a person who is not a permittee.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-6Presence required to participate in auction; requirements for designated person to give alcoholic beverage prize away

     Sec. 6. (a) An individual must be present in order to bid on and purchase an alcoholic beverage at auction. The successful bidder must be given the alcoholic beverage in person by an individual designated by the qualified organization.

     (b) The individual designated by the qualified organization to give away an alcoholic beverage purchased at the auction must be at least twenty-one (21) years of age. The individual may not be required to obtain an employee's permit under IC 7.1-3-18-9 or a temporary bartender's permit under IC 7.1-3-18-11 to give away an alcoholic beverage purchased at the auction.

     (c) When giving away an alcoholic beverage purchased at the auction, the individual designated by the qualified organization shall comply with IC 7.1-5-10-15, IC 7.1-5-10-23, and any other provision of this title that applies to the furnishing of alcoholic beverages for consumption off the premises.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.2-7Charity auction conducted on premises not licensed to sell alcoholic beverages permitted

     Sec. 7. A charity auction to which this chapter applies may be conducted on premises that are not licensed under this title for the sale of alcoholic beverages.

As added by P.L.153-2015, SEC.7.

 

IC 7.1-3-6.5Chapter 6.5. Tracking of Beer Kegs
           7.1-3-6.5-1"Keg" defined
           7.1-3-6.5-2"Person" defined
           7.1-3-6.5-3Marking of keg by permittee; identification marker requirements
           7.1-3-6.5-4Obligation of keg purchaser to sign receipt; receipt requirements
           7.1-3-6.5-5Failure of permittee to mark keg or obtain receipt; suspension of permit; civil penalties
           7.1-3-6.5-6Possession of keg without identification marker or with altered marker; providing false information on receipt

 

IC 7.1-3-6.5-1"Keg" defined

     Sec. 1. As used in this chapter, "keg" means a brewery sealed individual container of beer:

(1) destined for retail sale; and

(2) having a liquid capacity of at least seven and three-fourths (7 3/4) gallons.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-6.5-2"Person" defined

     Sec. 2. As used in this chapter, "person" means a person who is not a permittee.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-6.5-3Marking of keg by permittee; identification marker requirements

     Sec. 3. A permittee who sells a keg of beer for consumption at a place other than a licensed premises must place an identification marker on the keg at the time of sale. The commission shall prescribe the form of the identification marker. The identification marker must:

(1) enable the identification and tracking of the seller of beer;

(2) be removable or reusable when the keg is returned to the wholesaler for refilling; and

(3) contain other information that the commission requires.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-6.5-4Obligation of keg purchaser to sign receipt; receipt requirements

     Sec. 4. A person who purchases a keg of beer for consumption at a place other than a licensed premises must sign a receipt for the keg. The commission shall prescribe a form for the receipt that:

(1) enables the identification and tracking of the purchaser of beer; and

(2) contains other information that the commission requires.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-6.5-5Failure of permittee to mark keg or obtain receipt; suspension of permit; civil penalties

     Sec. 5. The commission may impose a civil penalty under IC 7.1-3-23-3 or suspend the permit of a permittee who sells a keg of beer for consumption at a place other than a licensed premises and who at the time of sale fails to:

(1) place an identification marker on the keg; or

(2) obtain a signed receipt from the purchaser.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-6.5-6Possession of keg without identification marker or with altered marker; providing false information on receipt

     Sec. 6. A person who:

(1) possesses a keg of beer without an identification marker required under this chapter;

(2) possesses a keg of beer with an altered identification marker; or

(3) provides false information on a receipt required under this chapter;

commits a Class B infraction.

As added by P.L.63-2002, SEC.1.

 

IC 7.1-3-7Chapter 7. Distillers' and Rectifiers' Permits
           7.1-3-7-1Application
           7.1-3-7-2Persons eligible for permits
           7.1-3-7-3Scope of permit
           7.1-3-7-4Importation of alcohol by distiller
           7.1-3-7-5Importation of liquor by distiller
           7.1-3-7-6Repealed
           7.1-3-7-7Scope of permit
           7.1-3-7-8Importation of alcohol by rectifier
           7.1-3-7-9Renewals

 

IC 7.1-3-7-1Application

     Sec. 1. Application. The commission may issue a distiller's permit to a person who desires to commercially manufacture liquor. The commission also may issue a rectifier's permit to a person who desires to rectify liquor.

[Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-2Persons eligible for permits

     Sec. 2. Persons Eligible for Permits. The commission may issue a distiller's or a rectifier's permit to a domestic corporation, or a foreign corporation admitted to do business in this state, if the corporation is qualified to obtain the necessary permit or license from the United States to own or operate an establishment to manufacture or rectify liquor.

[Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-3Scope of permit

     Sec. 3. Scope of Permit. The holder of a distiller's permit shall be entitled to manufacture liquor, to rectify it, and to bottle it. A distiller shall enjoy all the privileges accorded the holder of a rectifier's permit, but he shall not have to obtain a separate rectifier's permit nor pay an additional fee. A distiller shall be entitled to transport liquor and to sell and deliver it in shipments to points outside this state, or to the holder of a liquor wholesaler's permit, or to the holder of a rectifier's permit. A distiller may not sell liquor to a consumer, nor to a person for the purpose of having it retailed by him, whether that person holds a liquor retailer's permit under this title or not.

[Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-4Importation of alcohol by distiller

     Sec. 4. Importation of Alcohol by Distiller. The holder of a distiller's permit also shall be entitled to import alcohol for use in the manufacture, preparation, or rectification of liquor or other substances that may be lawfully manufactured under his permit.

[Pre-1973 Recodification Citation: 7-1-1-16.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-5Importation of liquor by distiller

     Sec. 5. Importation of Liquor by Distiller. The holder of a distiller's permit also shall be entitled to import and sell within this state liquor fully manufactured outside this state and ready for marketing when imported. A distiller may sell imported liquor only to a person who holds a liquor wholesaler's permit, or to the holder of a rectifier's permit, or to another distiller. A distiller may not sell imported liquor at retail nor to a retailer. A distiller also may sell and ship to a place outside this state, the liquor manufactured by another distiller under this title.

[Pre-1973 Recodification Citation: 7-1-1-16.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-6Repealed

[Pre-1973 Recodification Citation: 7-1-1-16.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.

 

IC 7.1-3-7-7Scope of permit

     Sec. 7. Scope of Permit. The holder of a rectifier's permit shall be entitled to rectify liquor and to bottle it. A rectifier shall be entitled to transport liquor and to sell and deliver it in shipments to points outside this state, or to the holder of a liquor wholesaler's permit. A rectifier may not sell liquor to a consumer, nor to a person for the purpose of having it retailed by him, whether that person holds a liquor retailer's permit under this title or not.

[Pre-1973 Recodification Citation: 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-8Importation of alcohol by rectifier

     Sec. 8. Importation of Alcohol by Rectifier. The holder of a rectifier's permit also shall be entitled to import alcohol for use in the preparation and rectification of liquor but not for sale as a finished product for beverage purposes. A rectifier shall not be entitled to import liquor for sale within this state intending to sell it without rectification by him, nor to sell it, directly or indirectly, as an agent or otherwise.

[Pre-1973 Recodification Citation: 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7-9Renewals

     Sec. 9. Renewals. The holder of a distiller's or rectifier's permit shall pay the appropriate annual license fee to the chairman on the anniversary of the date of the issuance of the original permit in order to keep his distiller's or rectifier's permit in force.

[Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-7.5Chapter 7.5. Farm Winery Brandy Distiller's Permits
           7.1-3-7.5-1"Brandy" defined
           7.1-3-7.5-2Issuance of permit to farm winery permit holder
           7.1-3-7.5-3Permitted activities
           7.1-3-7.5-4Quantity produced
           7.1-3-7.5-5Brandy sold through wholesaler not counted toward gallonage limit
           7.1-3-7.5-6License fee

 

IC 7.1-3-7.5-1"Brandy" defined

     Sec. 1. As used in this chapter, "brandy" has the meaning set forth in IC 7.1-3-13-3.

As added by P.L.235-2001, SEC.1.

 

IC 7.1-3-7.5-2Issuance of permit to farm winery permit holder

     Sec. 2. The commission may issue a farm winery brandy distiller's permit to a person who holds a farm winery permit under IC 7.1-3-12 and who desires to commercially manufacture brandy.

As added by P.L.235-2001, SEC.1.

 

IC 7.1-3-7.5-3Permitted activities

     Sec. 3. (a) The holder of a farm winery brandy distiller's permit may do the following:

(1) Manufacture brandy.

(2) Rectify brandy.

(3) Bottle brandy.

(4) Use brandy that it has manufactured for the purpose of producing fortified wine.

(5) Sell, transport, and deliver brandy that it has manufactured to other wineries.

(6) Sell at retail on the permitted premises to consumers by the glass or by the bottle, or both, brandy that it has manufactured.

     (b) Upon the approval of the commission, a holder of a farm winery brandy distiller's permit under this chapter may conduct business at not more than three (3) additional locations that are separate from the farm winery brandy distillery. At the additional locations, the holder of the permit may conduct any business that is authorized at the first location, except for the manufacturing or bottling of brandy.

As added by P.L.235-2001, SEC.1. Amended by P.L.165-2006, SEC.20.

 

IC 7.1-3-7.5-4Quantity produced

     Sec. 4. Except as provided in section 5 of this chapter, the holder of a farm winery brandy distiller's permit may produce not more than ten thousand (10,000) gallons of brandy in a calendar year.

As added by P.L.235-2001, SEC.1.

 

IC 7.1-3-7.5-5Brandy sold through wholesaler not counted toward gallonage limit

     Sec. 5. Brandy produced by the holder of a farm winery brandy distiller's permit that is sold through a wholesaler licensed under IC 7.1-3-8 is not counted toward the gallonage limit established in section 4 of this chapter.

As added by P.L.235-2001, SEC.1.

 

IC 7.1-3-7.5-6License fee

     Sec. 6. The holder of a farm winery brandy distiller's permit must pay the appropriate annual license fee to the commission on the anniversary of the date of the issuance of the original permit to keep a brandy distiller's permit in force.

As added by P.L.235-2001, SEC.1.

 

IC 7.1-3-8Chapter 8. Liquor Wholesalers' Permits
           7.1-3-8-1Application
           7.1-3-8-2Premises described in application
           7.1-3-8-3Scope of permit

 

IC 7.1-3-8-1Application

     Sec. 1. Application. The commission may issue a liquor wholesaler's permit to a person who desires to sell liquor at wholesale.

[Pre-1973 Recodification Citation: 7-1-1-18.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-8-2Premises described in application

     Sec. 2. Premises Described in Application. The premises to be used by an applicant for a liquor wholesaler's permit shall be described in the application for the permit and in the permit if it is issued. A liquor wholesaler shall not be entitled to keep or store liquor at a place other than the premises described in the application and the permit.

[Pre-1973 Recodification Citation: 7-1-1-18.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-8-3Scope of permit

     Sec. 3. (a) The holder of a liquor wholesaler's permit shall be entitled to sell liquor at wholesale.

     (b) A liquor wholesaler shall be entitled to purchase liquor within this state from a person who holds an artisan distiller's permit, a distiller's permit, a rectifier's permit, or a liquor wholesaler's permit. A liquor wholesaler also may purchase liquor outside this state from the primary source of supply and, from that source, may transport and import liquor into this state.

     (c) A liquor wholesaler may sell, transport, and deliver liquor only to a person who, under this title, holds a:

(1) liquor retailer's permit;

(2) supplemental caterer's permit;

(3) liquor dealer's permit; or

(4) liquor wholesaler's permit.

A liquor wholesaler may sell, donate, transport, and deliver liquor to a qualified organization for an allowable event to which IC 7.1-3-6.1 applies or charity auction to which IC 7.1-3-6.2 applies. The sale, transportation, donation to a qualified organization, and delivery of liquor shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery, and only in permissible containers and is subject to the rules of the commission fixing the quantity which may be sold or delivered at any one (1) time.

     (d) A liquor wholesaler's bona fide regular employees may purchase liquor from the wholesaler in an amount not to exceed eighteen (18) liters.

[Pre-1973 Recodification Citation: 7-1-1-18.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.4; Acts 1974, P.L.25, SEC.3. As amended by P.L.57-1984, SEC.7; P.L.224-2005, SEC.6; P.L.94-2008, SEC.31; P.L.109-2013, SEC.3; P.L.153-2015, SEC.8.

 

IC 7.1-3-9Chapter 9. Liquor Retailers' Permits
           7.1-3-9-1Application
           7.1-3-9-2Local jurisdiction limited
           7.1-3-9-3Small city exception
           7.1-3-9-4Enabling ordinance
           7.1-3-9-5Repeal of ordinance; continuance of operations
           7.1-3-9-6Certain local ordinances, resolutions, policies, and rules prohibited
           7.1-3-9-7Repealed
           7.1-3-9-8Three-way permits
           7.1-3-9-9Scope of permit
           7.1-3-9-9.5Limitation of sales; fees; clubs; discrimination
           7.1-3-9-10High and fine reputation
           7.1-3-9-11Sampling alcoholic beverages on liquor retailer's premises
           7.1-3-9-12Alcoholic beverage self-service in suites
           7.1-3-9-13Expired

 

IC 7.1-3-9-1Application

     Sec. 1. Application. The commission may issue a liquor retailer's permit to a person who desires to sell liquor to customers for consumption on the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-9-2Local jurisdiction limited

     Sec. 2. A liquor retailer's permit may be issued under the provisions of this title for premises situated in a city having a population of at least five thousand (5,000). A city or town legislative body, or an officer of one (1) of them, shall have no power or jurisdiction to regulate the sale of, traffic in, or transportation of alcoholic beverages, or to levy a tax, fee, license fee, or to issue or require a license to be issued by it or its officer or agent in respect to alcoholic beverages.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.36.

 

IC 7.1-3-9-3Small city exception

     Sec. 3. The legislative body of a city or town that has a population of less than five thousand (5,000) shall have the power and jurisdiction to enact an enabling ordinance consenting that liquor retailer's permits may be issued to applicants in respect to premises located within the city or town.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.37.

 

IC 7.1-3-9-4Enabling ordinance

     Sec. 4. Enabling Ordinance. The enabling ordinance authorized by IC 1971, 7.1-3-9-3, shall be a general ordinance containing no conditions, exceptions or limitations. The enabling ordinance, after it has been duly enacted, may not be altered, amended, or repealed for a period of two (2) years and sixty (60) days after the date of its enactment. During the period of the two (2) years and sixty (60) days from the enactment of the enabling ordinance consenting to the issuance of liquor retailer's permits, no other ordinance on the subject may be enacted.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-9-5Repeal of ordinance; continuance of operations

     Sec. 5. Repeal of Ordinance: Continuance of Operations. The holder of a liquor retailer's permit issued prior to the repeal, amendment, or expiration of an enabling ordinance authorized by IC 1971, 7.1-3-9-3, may continue to operate under his permit, during the time that his permit is in force, for a period of ninety (90) days after the enactment of a conflicting ordinance or the repeal of the original ordinance unless the sale of alcoholic beverages again becomes lawful by the enactment of another enabling ordinance, in which case he may continue to operate under his permit during the unexpired term of it.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-9-6Certain local ordinances, resolutions, policies, and rules prohibited

     Sec. 6. (a) A city, town, township, or county shall not enact an ordinance, resolution, policy, or rule which in any way, directly or indirectly, regulates, restricts, enlarges, or limits the operation or business of the holder of a liquor retailer's permit as provided in this title.

     (b) A city, town, township, or county shall not enact an ordinance, resolution, policy, or rule covering any other business or place of business for the conduct of it in such a way as to prevent or inhibit the holder of a liquor retailer's permit from being qualified to obtain or continue to hold the permit, or operate to interfere with or prevent the exercise of the permittee's privileges under the permit.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.144-2015, SEC.2.

 

IC 7.1-3-9-7Repealed

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.144-2015, SEC.3.

 

IC 7.1-3-9-8Three-way permits

     Sec. 8. Three-Way Permits. The commission may issue a liquor retailer's permit only to a person who also is, and continues to be, the holder of both a beer retailer's permit and a wine retailer's permit. However, applications for each of the three (3) types of permits may be made at the same time or in one (1) application combining requests for each of the three (3) types of permits. The publication of the notice of the applications may be combined, in any case, if the applications are pending simultaneously. The notices also may be combined in one (1) publication with notices of the application of other applicants for a permit.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-9-9Scope of permit

     Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled to purchase liquor only from a permittee entitled to sell to him under this title. A liquor retailer shall be entitled to possess liquor and sell it at retail to a customer for consumption on the licensed premises. A liquor retailer also shall be entitled to sell liquor to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's house.

     (b) A liquor retailer shall not be entitled to sell liquor at wholesale. He shall not be entitled to sell and deliver liquor on the street or at the curb outside the licensed premises, nor shall he be entitled to sell liquor at a place other than the licensed premises. However, a liquor retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.

     (c) A liquor retailer shall not be entitled to sell and deliver liquor for carry out, or for at-home delivery, in a quantity that exceeds four (4) quarts at any one (1) time.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.112-1987, SEC.6.

 

IC 7.1-3-9-9.5Limitation of sales; fees; clubs; discrimination

     Sec. 9.5. (a) Notwithstanding any other law, a liquor retailer may limit sales to the following:

(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.

(2) Guests of a person described in subdivision (1).

     (b) A liquor retailer may call the annual fee described in subsection (a) a membership fee.

     (c) A liquor retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.

     (d) This section does not allow a liquor retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.

As added by P.L.73-1991, SEC.2.

 

IC 7.1-3-9-10High and fine reputation

     Sec. 10. High and Fine Reputation. The commission may issue a liquor retailer's permit only to a high grade club, restaurant, or hotel, which has a high and fine reputation for decency and law obedience. In no case shall a liquor retailer's permit be issued or stand unrevoked if the owner, manager, or management of the establishment is not a person of strict integrity and high repute, or if the premises have been padlocked.

[Pre-1973 Recodification Citation: 7-1-1-19.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-9-11Sampling alcoholic beverages on liquor retailer's premises

     Sec. 11. (a) A liquor retailer may allow customers to sample the following:

(1) Beer.

(2) Wines.

(3) Liquors.

(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).

(5) Flavored malt beverages.

(6) Hard cider.

     (b) Sampling is permitted only:

(1) on the liquor retailer's permit premises; and

(2) during the permittee's regular business hours.

     (c) A liquor retailer may not charge for the samples provided to customers.

     (d) Sample size of wines may not exceed one (1) ounce.

     (e) In addition to the other provisions of this section, a liquor retailer who allows customers to sample liquors, liqueurs, or cordials shall comply with all of the following:

(1) A liquor retailer may allow a customer to sample only a combined total of two (2) liquor, liqueur, or cordial samples per day.

(2) Sample size of liqueurs or cordials may not exceed one-half (1/2) ounce.

(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.

     (f) A sample size of beer, flavored malt beverage, or hard cider may not exceed six (6) ounces.

As added by P.L.12-1999, SEC.1. Amended by P.L.72-2004, SEC.7; P.L.94-2008, SEC.32.

 

IC 7.1-3-9-12Alcoholic beverage self-service in suites

     Sec. 12. (a) This section applies to:

(1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center; or

(2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center.

     (b) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:

(1) is not accessible to the general public;

(2) has accommodations for not more than seventy-five (75) persons per suite; and

(3) is accessible only to persons who possess a ticket:

(A) to an event in a building or facility referred to in subsection (a); and

(B) that entitles the person to occupy the area while viewing the event described in clause (A).

The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.

     (c) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite.

     (d) A person who:

(1) possesses a ticket described in subsection (b)(3); and

(2) is at least twenty-one (21) years of age;

may obtain an alcoholic beverage in a suite by self-service.

     (e) A permittee may do any of the following:

(1) Demand that a person occupying a suite provide:

(A) a written statement under IC 7.1-5-7-4; and

(B) identification indicating that the person is at least twenty-one (21) years of age.

(2) Supervise the self-service of alcoholic beverages.

(3) Have an employee in the suite who holds an employee permit under IC 7.1-3-18-9 to serve some or all of the alcoholic beverages.

As added by P.L.72-2004, SEC.8.

 

IC 7.1-3-9-13Expired

As added by P.L.140-2016, SEC.1; P.L.214-2016, SEC.7. Expired 1-1-2017 by P.L.140-2016, SEC.1; P.L.214-2016, SEC.7.

 

IC 7.1-3-9.5Chapter 9.5. Supplemental Caterers' Permits
           7.1-3-9.5-1Application
           7.1-3-9.5-2Notices
           7.1-3-9.5-3Scope of permit
           7.1-3-9.5-4Nature of permit

 

IC 7.1-3-9.5-1Application

     Sec. 1. Application. The commission may issue a supplemental caterer's permit only to a person who is, and continues to be, the holder of a three-way permit and who desires to sell, on a temporary basis only, alcoholic beverages for on-premises consumption at locations other than the person's licensed premises.

Formerly: Acts 1974, P.L.25, SEC.1. As amended by P.L.85-2017, SEC.31.

 

IC 7.1-3-9.5-2Notices

     Sec. 2. (a) The holder of a supplemental caterer's permit shall notify the commission in writing not later than forty-eight (48) hours in advance of each function that the permittee intends to cater with alcoholic beverages. The commission may waive the forty-eight (48) hour notice period required under this subsection, if authorized by the chairman or the chairman's designee, but may not waive the requirement for filing notice.

     (b) The notice shall include the following:

(1) The date, time, and location of the function to be catered.

(2) If the function is open to the public, located in a county having a population of less than one hundred fifty thousand (150,000), and located in a different county from the county where the permittee holds the three-way permit required under section 1 of this chapter, the signature of the following official on a document stating the official's approval of the catering of alcoholic beverages at the proposed date, time, and location:

(A) The president of the town council, if the location is in a town.

(B) The mayor, if the location is in a city.

(C) The president of the board of county commissioners, if the location is in unincorporated territory.

     (c) If a permittee complies with all notice requirements of subsection (b), the commission in its absolute discretion has the authority, any other provision of this title to the contrary notwithstanding, to approve the proposed date and location of the function to be catered.

     (d) The commission need not notify the permittee if the commission approved the proposed date and location, and the permittee may proceed as stated in the permittee's notice to the commission. The commission shall notify the permittee by certified United States mail, in advance of the function, if the commission does not approve the proposed date or location.

     (e) A permittee whose proposed date or location has been disapproved by the commission still may cater the function on that date and at that location, but the permittee may not cater alcoholic beverages at that function on that date and at that location.

Formerly: Acts 1974, P.L.25, SEC.1. As amended by P.L.51-1994, SEC.4; P.L.196-2015, SEC.8.

 

IC 7.1-3-9.5-3Scope of permit

     Sec. 3. The holder of a supplemental caterer's permit is entitled to purchase alcoholic beverages only from a permittee entitled to sell to the holder under this title. Except as provided in IC 7.1-3-6.1 and IC 7.1-3-6.2, the holder of a supplemental caterer's permit is entitled to sell alcoholic beverages only for on-premises consumption at those locations approved by the commission and at times lawful under the holder's retailers' permits. Except as provided in IC 7.1-3-6.1 and IC 7.1-3-6.2, the holder of a supplemental caterer's permit is not entitled to sell alcoholic beverages at wholesale, nor for carry-out or at-home delivery.

Formerly: Acts 1974, P.L.25, SEC.1. As amended by P.L.153-2015, SEC.9; P.L.85-2017, SEC.32.

 

IC 7.1-3-9.5-4Nature of permit

     Sec. 4. Nature of Permit. A supplemental caterer's permit, for the purposes of this title, shall be considered a separate and distinct type of retailer's permit. It shall not affect the rights, privileges, and restrictions applicable to any other type of retailer's permit. The rights, privileges, and restrictions provided in this title for a supplemental caterer's permit apply only to this type of permit.

Formerly: Acts 1974, P.L.25, SEC.1.

 

IC 7.1-3-10Chapter 10. Liquor Dealers' Permits
           7.1-3-10-1Application
           7.1-3-10-2Drug stores
           7.1-3-10-3Drug store outside corporate limits
           7.1-3-10-4Package liquor stores
           7.1-3-10-5Package liquor stores; permissible commodities
           7.1-3-10-6Sale of beer; application and scope
           7.1-3-10-7Scope of permit
           7.1-3-10-8Package liquor store; premises
           7.1-3-10-9Cease and desist order
           7.1-3-10-10Failure to cease; offense
           7.1-3-10-11Appeal from order
           7.1-3-10-12Repealed
           7.1-3-10-13Sampling alcoholic beverages on package liquor store premises

 

IC 7.1-3-10-1Application

     Sec. 1. Application. The commission may issue a liquor dealer's permit to a person who desires to sell liquor to customers for consumption off the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-2Drug stores

     Sec. 2. Drug Stores. The commission may issue a liquor dealer's permit to the proprietor of a drug store who holds a license issued by the state board of pharmacy. An applicant for a liquor dealer's permit for a drug store shall not be disqualified under IC 1971, 7.1-3-4-2(m).

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-3Drug store outside corporate limits

     Sec. 3. The commission may issue a liquor dealer's permit to a drugstore situated outside the corporate limits of a city or town if the proprietor of the drugstore holds a license issued by the state board of pharmacy. The permit authorized by this section shall be issued in the same manner, and subject to the same restrictions, as that which is provided for in the issuance of a liquor dealer's permit to a drugstore situated inside the corporate limits of a city or town.

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.57-1984, SEC.8.

 

IC 7.1-3-10-4Package liquor stores

     Sec. 4. Package Liquor Stores. The commission may issue a liquor dealer's permit to the proprietor of a package liquor store. An applicant for a liquor dealer's permit for a package liquor store shall not be disqualified under IC 1971, 7.1-3-4-2(m).

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-5Package liquor stores; permissible commodities

     Sec. 5. A package liquor store's exclusive business shall be the selling of the following commodities only:

(1) Liquor in its original package.

(2) Beer in permissible containers, if the permittee has the proper permit.

(3) Wine in its original package.

(4) Bar supplies used in the preparation for consumption of alcoholic beverages and in their consumption.

(5) Tobacco products.

(6) Uncooled and uniced charged water, carbonated soda, ginger ale, mineral water, grenadine, and flavoring extracts.

(7) Printed materials.

(8) Lottery tickets as provided in IC 4-30-9.

(9) Cooled or uncooled nonalcoholic malt beverages.

(10) Flavored malt beverage in its original package.

[Pre-1973 Recodification Citations: 7-1-1-20; 7-1-4-2.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.57-1984, SEC.9; P.L.341-1989(ss), SEC.11; P.L.52-1992, SEC.5; P.L.72-1996, SEC.7.

 

IC 7.1-3-10-6Sale of beer; application and scope

     Sec. 6. Sale of Beer: Application and Scope. The commission may, upon proper application and the payment of the required license fee, issue a beer dealer's permit to the holder of a liquor dealer's permit. However, applications for both of the permits may be made at the same time. The provisions of IC 1971, 7.1-3-5, shall apply to the issuance and enjoyment of a beer dealer's permit issued under the provisions of this section.

[Pre-1973 Recodification Citations: 7-1-1-20; 7-1-4-2.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-7Scope of permit

     Sec. 7. (a) The holder of a liquor dealer's permit shall be entitled to purchase liquor only from a permittee entitled to sell to a liquor dealer under this title.

     (b) A liquor dealer shall be entitled to possess liquor and sell it at retail in its original package to a customer only for consumption off the licensed premises.

     (c) A liquor dealer may deliver liquor only in permissible containers to a customer's residence or office in a quantity that does not exceed twelve (12) quarts at any one (1) time. However, a liquor dealer who is licensed under IC 7.1-3-10-4 may deliver liquor in permissible containers to a customer's residence, office, or designated location. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.

     (d) A liquor dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. However, a liquor dealer that is a drug store may sell prescription drugs and health and beauty aids through a window in the licensed premises to a patron who is outside the licensed premises.

[Pre-1973 Recodification Citations: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.6; P.L.65-1990, SEC.2; P.L.72-1996, SEC.8; P.L.204-2001, SEC.28.

 

IC 7.1-3-10-8Package liquor store; premises

     Sec. 8. Package Liquor Store: Premises. A package liquor store shall be conducted wholly apart from another business upon premises wholly separated from another room or store in which another business is conducted.

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.58, SEC.1.

 

IC 7.1-3-10-9Cease and desist order

     Sec. 9. Cease and Desist Order. The commission shall request the holder of a liquor dealer's permit for a package liquor store to cease and desist the sale of a commodity which, in the judgment of the commission, is not a commodity which may be sold by him under the provisions of this title.

[Pre-1973 Recodification Citation: 7-1-4-3.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-10Failure to cease; offense

     Sec. 10. Failure to Cease. The holder of a liquor dealer's permit for a package liquor store who recklessly fails to cease the sale of a certain commodity after this action has been ordered by the commission commits a Class B misdemeanor.

[Pre-1973 Recodification Citation: 7-1-4-4.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.701.

 

IC 7.1-3-10-11Appeal from order

     Sec. 11. Appeal from Order. The holder of a liquor dealer's permit for a package liquor store shall have the same right of appeal from a cease and desist order to sell a certain commodity issued by the commission that is available for the appeal of any other order of the commission under this title.

[Pre-1973 Recodification Citation: 7-1-4-5.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-10-12Repealed

[Pre-1973 Recodification Citation: 7-1-1-20.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

 

IC 7.1-3-10-13Sampling alcoholic beverages on package liquor store premises

     Sec. 13. (a) A liquor dealer permittee who is a proprietor of a package liquor store may allow customers to sample the following:

(1) Beer.

(2) Wines.

(3) Liquors.

(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).

(5) Flavored malt beverages.

(6) Hard cider.

     (b) Sampling is permitted:

(1) only on the package liquor store permit premises; and

(2) only during the store's regular business hours.

     (c) No charge may be made for the samples provided to the customers.

     (d) Sample size of wines may not exceed one (1) ounce.

     (e) In addition to the other provisions of this section, a proprietor who allows customers to sample liquors, liqueurs, or cordials shall comply with all of the following:

(1) A proprietor may allow a customer to sample not more than a combined total of two (2) liquor, liqueur, or cordial samples per day.

(2) Sample size of liqueurs or cordials may not exceed one-half (1/2) ounce.

(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.

     (f) A sample size of beer, flavored malt beverage, or hard cider may not exceed six (6) ounces.

As added by P.L.58-1984, SEC.4. Amended by P.L.52-1992, SEC.6; P.L.106-1995, SEC.9; P.L.12-1999, SEC.2; P.L.72-2004, SEC.9; P.L.94-2008, SEC.33.

 

IC 7.1-3-11Chapter 11. Dining Car, Airplane, and Boat Liquor Permits
           7.1-3-11-1Dining car liquor permits
           7.1-3-11-2Scope of permit
           7.1-3-11-3Display of permit
           7.1-3-11-4Renewals
           7.1-3-11-5Excise tax
           7.1-3-11-6Shipments by carrier
           7.1-3-11-7Repealed
           7.1-3-11-8Repealed
           7.1-3-11-9Boat liquor permits
           7.1-3-11-10Scope of permit

 

IC 7.1-3-11-1Dining car liquor permits

     Sec. 1. Dining Car Liquor Permits. The commission may issue a dining car liquor permit to a corporation that is entitled to obtain a dining car beer permit under this title. The commission shall issue a dining car liquor permit in the same manner that a dining car beer permit is issued under this title. The commission shall not issue a dining car liquor permit to a corporation unless the corporation also is the holder of a dining car beer permit and a dining car wine permit. However, applications for each of the three (3) types of permits may be made at the same time.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-11-2Scope of permit

     Sec. 2. Scope of Permit. The restrictions, limitations, and provisions governing the sale of beer under a dining car beer permit shall apply to the possession, transportation, sale, delivery and service of liquor under a dining car liquor permit.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-11-3Display of permit

     Sec. 3. Display of Permit. The original dining car liquor permit shall be kept displayed at the main Indiana office of the corporation. A certificate of an officer or agent of the permittee stating that a dining car liquor permit is in full force and effect for the car, or words to that effect, shall be kept displayed in each licensed dining and buffet car.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-11-4Renewals

     Sec. 4. Renewals. The holder of a dining car liquor permit need not renew his permit annually. However, in order to keep the permit in force, the permittee must pay the annual license fee to the chairman on the anniversary date of the issuance of the original permit.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-11-5Excise tax

     Sec. 5. Excise Tax. The holder of a dining car liquor permit shall pay to the department the liquor excise tax on the liquor withdrawn for sale within the state.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.7.

 

IC 7.1-3-11-6Shipments by carrier

     Sec. 6. Shipments by Carrier. Nothing contained in a dining car liquor permit or the privileges accorded under it shall effect the provisions of this title in regard to the shipment of alcoholic beverages by a carrier for either a consignor, or a consignee, or both.

[Pre-1973 Recodification Citation: 7-1-1-21.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-11-7Repealed

[Pre-1973 Recodification Citations: 7-3-3-1; 7-3-3-2.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.

 

IC 7.1-3-11-8Repealed

[Pre-1973 Recodification Citation: 7-3-3-1.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.

 

IC 7.1-3-11-9Boat liquor permits

     Sec. 9. Boat Liquor Permits. The commission may issue a boat liquor permit to a person who is the proprietor of a boat and who is, and continues to be, the holder of a boat beer permit and boat wine permit. The commission may issue a boat liquor permit without publication of notice or having an investigation before a local board.

As added by Acts 1976, P.L.24, SEC.2.

 

IC 7.1-3-11-10Scope of permit

     Sec. 10. Scope of Permit. The holder of a boat liquor permit shall enjoy the same privileges and be subject to the same conditions, restrictions, and limitations in regard to liquor under his permit as is provided in the case of the holder of a boat beer permit in regard to beer under his permit.

As added by Acts 1976, P.L.24, SEC.3.

 

IC 7.1-3-12Chapter 12. Vintners' and Farm Winery Permits
           7.1-3-12-1Application
           7.1-3-12-2Scope of permit
           7.1-3-12-3Farm winery permit
           7.1-3-12-4Farm winery; general requirements
           7.1-3-12-5Scope of farm winery permit
           7.1-3-12-5Scope of farm winery permit
           7.1-3-12-6Repealed
           7.1-3-12-7Bulk wine purchases by farm winery
           7.1-3-12-7.5Sale of beer, wine, and liquor from same service bar

 

IC 7.1-3-12-1Application

     Sec. 1. Application. The commission may issue a vintner's permit to a person who desires to commercially manufacture wine.

[Pre-1973 Recodification Citation: 7-1-1-22.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-12-2Scope of permit

     Sec. 2. Scope of Permit. The holder of a vintner's permit is entitled to manufacture wine and to bottle it or place it in other containers. He also is entitled to transport wine and either to sell it, or deliver it, or both, in shipments to points outside this state, and to a wine wholesaler, and to another vintner. A vintner is not entitled to rectify or fortify wine unless he is also the holder of either a distiller's permit, or a rectifier's permit, or both. A vintner is not entitled to sell to a consumer or to a permittee who sells wine at retail. A vintner is entitled to advertise the name and address of any retailer or dealer who sells wine produced by his winery.

[Pre-1973 Recodification Citation: 7-1-1-22.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1.

 

IC 7.1-3-12-3Farm winery permit

     Sec. 3. The commission may issue a farm winery permit to a person who:

(1) is the proprietor of a farm winery;

(2) desires to commercially manufacture wine; and

(3) is either:

(A) an individual; or

(B) a partnership, limited liability company, or corporation domiciled in or admitted to do business in Indiana.

A farm winery permit shall be valid from July 1, of the then current year to June 30, of the following year. IC 7.1-3-21-5 does not apply to a farm winery permit issued under this chapter.

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.36-1999, SEC.1; P.L.201-1999, SEC.2; P.L.14-2000, SEC.24; P.L.165-2006, SEC.21.

 

IC 7.1-3-12-4Farm winery; general requirements

     Sec. 4. In order to be considered a "farm winery" within the meaning of this title and to be eligible to receive a farm winery permit, a wine-making establishment shall not annually sell more than one million (1,000,000) gallons of wine in Indiana, excluding wine shipped to an out-of-state address.

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1977, P.L.93, SEC.1; Acts 1978, P.L.53, SEC.1; P.L.201-1999, SEC.3; P.L.165-2006, SEC.22; P.L.54-2008, SEC.2.

 

IC 7.1-3-12-5Scope of farm winery permit

     Note: This version of section effective until 5-2-2017. See also following version of this section, effective 5-2-2017.

     Sec. 5. (a) The holder of a farm winery permit:

(1) is entitled to manufacture wine and to bottle wine produced by the permit holder's farm winery;

(2) is entitled to serve complimentary samples of the winery's wine on the licensed premises or an outside area that is contiguous to the licensed premises as approved by the commission if each employee who serves wine on the licensed premises:

(A) holds an employee's permit under IC 7.1-3-18-9; and

(B) completes a server training program approved by the commission;

(3) is entitled to sell the winery's wine on the licensed premises to consumers either by the glass, or by the bottle, or both;

(4) is entitled to sell the winery's wine to consumers by the bottle at a farmers' market that is operated on a nonprofit basis;

(5) is entitled to sell wine by the bottle or by the case to a person who is the holder of a permit to sell wine at wholesale;

(6) is exempt from the provisions of IC 7.1-3-14;

(7) is entitled to advertise the name and address of any retailer or dealer who sells wine produced by the permit holder's winery;

(8) for wine described in IC 7.1-1-2-3(a)(4):

(A) may allow transportation to and consumption of the wine on the licensed premises; and

(B) may not sell, offer to sell, or allow the sale of the wine on the licensed premises;

(9) is entitled to purchase and sell bulk wine as set forth in this chapter;

(10) is entitled to sell wine as authorized by this section for carryout on Sunday; and

(11) is entitled to sell and ship the farm winery's wine to a person located in another state in accordance with the laws of the other state.

     (b) With the approval of the commission, a holder of a permit under this chapter may conduct business at not more than three (3) additional locations that are separate from the winery. At the additional locations, the holder of a permit may conduct any business that is authorized at the first location, except for the manufacturing or bottling of wine.

     (c) With the approval of the commission, a holder of a permit under this chapter may:

(1) individually; or

(2) with other permit holders under this chapter, holders of artisan distiller's permits, holders of brewer's permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this subdivision;

participate in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. The commission may not grant approval under this subsection to a holder of a permit under this chapter for more than forty-five (45) days in a calendar year.

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2. As amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1; P.L.201-1999, SEC.4; P.L.177-1999, SEC.7; P.L.235-2001, SEC.2; P.L.41-2002, SEC.2; P.L.224-2005, SEC.7; P.L.165-2006, SEC.23; P.L.186-2011, SEC.4; P.L.214-2016, SEC.8; P.L.85-2017, SEC.33.

 

IC 7.1-3-12-5Scope of farm winery permit

     Note: This version of section effective 5-2-2017. See also preceding version of this section, effective until 5-2-2017.

     Sec. 5. (a) The holder of a farm winery permit:

(1) is entitled to manufacture wine and to bottle wine produced by the permit holder's farm winery;

(2) is entitled to serve complimentary samples of the winery's wine on the licensed premises or an outside area that is contiguous to the licensed premises, as approved by the commission if each employee who serves wine on the licensed premises:

(A) holds an employee's permit under IC 7.1-3-18-9; and

(B) completes a server training program approved by the commission;

(3) is entitled to sell the winery's wine on the licensed premises to consumers either by the glass, or by the bottle, or both;

(4) is entitled to sell the winery's wine to consumers by the bottle at a farmers' market that is operated on a nonprofit basis;

(5) is entitled to sell wine by the bottle or by the case to a person who is the holder of a permit to sell wine at wholesale;

(6) is exempt from the provisions of IC 7.1-3-14;

(7) is entitled to advertise the name and address of any retailer or dealer who sells wine produced by the permit holder's winery;

(8) for wine described in IC 7.1-1-2-3(a)(4):

(A) may allow transportation to and consumption of the wine on the licensed premises; and

(B) may not sell, offer to sell, or allow the sale of the wine on the licensed premises;

(9) is entitled to purchase and sell bulk wine as set forth in this chapter;

(10) is entitled to sell wine as authorized by this section for carryout on Sunday; and

(11) is entitled to sell and ship the farm winery's wine to a person located in another state in accordance with the laws of the other state.

     (b) With the approval of the commission, a holder of a permit under this chapter may conduct business at not more than three (3) additional locations that are separate from the winery. At the additional locations, the holder of a permit may conduct any business that is authorized at the first location, except for the manufacturing or bottling of wine.

     (c) With the approval of the commission, a holder of a permit under this chapter may:

(1) individually; or

(2) with other permit holders under this chapter, holders of artisan distiller's permits, holders of brewer's permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this subdivision;

participate in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. All of the permit holders may occupy the same tent, structure, or building. The commission may not grant approval under this subsection to a holder of a permit under this chapter for more than forty-five (45) days in a calendar year.

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2. As amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1; P.L.201-1999, SEC.4; P.L.177-1999, SEC.7; P.L.235-2001, SEC.2; P.L.41-2002, SEC.2; P.L.224-2005, SEC.7; P.L.165-2006, SEC.23; P.L.186-2011, SEC.4; P.L.214-2016, SEC.8; P.L.85-2017, SEC.33; P.L.270-2017, SEC.9.

 

IC 7.1-3-12-6Repealed

[Pre-1973 Recodification Citation: 7-1-1-22.5.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.201-1999, SEC.5. Repealed by P.L.165-2006, SEC.41.

 

IC 7.1-3-12-7Bulk wine purchases by farm winery

     Sec. 7. (a) Except as provided in subsection (b), a farm winery may purchase annually a quantity of bulk wine that does not exceed the greater of the following:

(1) Five thousand five hundred (5,500) gallons.

(2) Fifty percent (50%) of the quantity of wine produced by fermentation by the winery during the previous year.

     (b) This subsection applies to a farm winery that suffers a loss of wine inventory due to natural or manmade disaster. If the farm winery documents the inventory loss and obtains permission from the commission, the winery may purchase a quantity of bulk wine not greater than the sum of the following:

(1) The quantity of the winery's wine inventory loss.

(2) The quantity of bulk wine that may be purchased by the farm winery annually under subsection (a).

As added by P.L.41-2002, SEC.3.

 

IC 7.1-3-12-7.5Sale of beer, wine, and liquor from same service bar

     Sec. 7.5. (a) This section applies if the permit premises of any combination of the following:

(1) a farm winery;

(2) a brewery under IC 7.1-3-2-7(5); and

(3) an artisan distillery;

occupy the same building.

     (b) Notwithstanding any other provision, a person who holds any combination of a farm winery permit, a brewery permit under IC 7.1-3-2-7(5), and an artisan distiller's permit, may sell by the glass for consumption on the premises:

(1) the farm winery's wine;

(2) the brewery's beer; and

(3) an artisan distillery's liquor;

from the same service bar, without a partition, wall, or any other structure separating the service of wine, the service of beer, and the service of liquor.

     (c) Except as provided in this chapter, the restrictions and provisions of a permittee's permit governing the sale or service of the alcoholic beverage that is the subject of the permit apply to the sale and service of the alcoholic beverage under this chapter.

As added by P.L.97-2015, SEC.2.

 

IC 7.1-3-13Chapter 13. Wine Wholesalers' and Bottlers' Permits
           7.1-3-13-1Wine wholesalers' permit; issuance
           7.1-3-13-2Repealed
           7.1-3-13-2.5Wine wholesalers; premises description required; wine storage; wholesaler business on farm winery or brandy distiller premises; goods and services provided by farm winery or brandy distiller
           7.1-3-13-3Scope of permit; brandy
           7.1-3-13-3.5Requirements to sell wine purchased from estate sale; immunity from product liability
           7.1-3-13-4Wine bottlers' permit; application
           7.1-3-13-5Persons eligible for permits
           7.1-3-13-6Scope of permit

 

IC 7.1-3-13-1Wine wholesalers' permit; issuance

     Sec. 1. (a) The commission may issue a wine wholesaler's permit to sell wine, or wine and brandy, at wholesale to a person who:

(1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler's permit;

(2) holds a liquor wholesaler's permit; or

(3) does not hold an alcoholic beverage wholesaler's permit, but meets the qualifications to hold either a beer or a liquor wholesaler's permit.

     (b) The holder of a wine wholesaler's permit under subsection (a)(1) or (a)(2):

(1) is considered the same as a person who holds a wine wholesaler's permit under subsection (a)(3) for purposes of conducting activities and operations under the wine wholesaler's permit; and

(2) may operate the beer or liquor wholesale business independently of the wine wholesale business.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.101-1983, SEC.1; P.L.112-1987, SEC.7.

 

IC 7.1-3-13-2Repealed

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.112-1987, SEC.10.

 

IC 7.1-3-13-2.5Wine wholesalers; premises description required; wine storage; wholesaler business on farm winery or brandy distiller premises; goods and services provided by farm winery or brandy distiller

     Sec. 2.5. All premises to be used by an applicant for a wine wholesaler's permit must be described in the application for the permit and in the permit, if the permit is issued. A wine wholesaler may not keep or store wine at any place other than the premises described in the wine wholesaler's application and permit. A person who holds a wine wholesaler's permit and who also holds a beer wholesaler's permit is not disqualified from using multiple premises for the storage of wine because the person holds a beer wholesaler's permit. The holder of a wine wholesaler's permit described in IC 7.1-4-4.1-13(c) may enter into an agreement to:

(1) locate the wine wholesaler's business within the licensed premises of a farm winery or a farm winery brandy distiller; or

(2) use goods and services provided by a farm winery or a farm winery brandy distiller;

or both.

As added by P.L.85-1985, SEC.8. Amended by P.L.165-2006, SEC.24; P.L.186-2011, SEC.5; P.L.70-2014, SEC.1.

 

IC 7.1-3-13-3Scope of permit; brandy

     Sec. 3. (a) The holder of a wine wholesaler's permit may purchase, import, and transport wine, brandy, or flavored malt beverage from the primary source of supply. A wine wholesaler may export and transport wine, brandy, or flavored malt beverage by the bottle, barrel, cask, or other container, to points outside Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine or flavored malt beverage from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery to a wine wholesaler, a wine retailer, a supplemental caterer, a temporary wine permittee, and a wine dealer, but not at retail. A wine wholesaler may sell, furnish, and deliver brandy from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery, but not at retail, only to a person who holds a liquor retailer's permit, a supplemental caterer's permit, or a liquor dealer's permit. A holder of a wine wholesaler's permit may sell wine to the wine wholesaler's bona fide regular employees. A wine wholesaler may sell, donate, and deliver wine or flavored malt beverage from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery to a qualified organization that is conducting an allowable event to which IC 7.1-3-6.1 applies or a charity auction to which IC 7.1-3-6.2 applies.

     (b) As used in this section, "brandy" means:

(1) any alcoholic distillate described in 27 CFR 5.22(d) as in effect on January 1, 1983; or

(2) a beverage product that:

(A) is prepared from a liquid described in subdivision (1);

(B) is classified as a cordial or liqueur as defined in 27 CFR 5.22(h) as in effect on January 1, 1997; and

(C) meets the following requirements:

(i) At least sixty-six and two-thirds percent (66 2/3%) of the product's alcohol content is composed of a substance described in subdivision (1).

(ii) The product's label makes no reference to any distilled spirit other than brandy.

(iii) The product's alcohol content is not less than sixteen percent (16%) by volume or thirty-two (32) degrees proof.

(iv) The product contains dairy cream.

(v) The product's sugar, dextrose, or levulose content is at least twenty percent (20%) of the product's weight.

(vi) The product contains caramel coloring.

     (c) Nothing in this section allows a wine wholesaler to sell, give, purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless the wine wholesaler also holds a beer wholesaler's permit under IC 7.1-3-3-1.

     (d) A wine wholesaler that also holds a liquor wholesaler's permit under IC 7.1-3-8 may not:

(1) hold a beer wholesaler's permit under IC 7.1-3-3;

(2) possess, sell, or transport beer; or

(3) sell more than one million (1,000,000) gallons of flavored malt beverage during a calendar year.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.5; Acts 1974, P.L.25, SEC.4. As amended by P.L.101-1983, SEC.2; P.L.57-1984, SEC.10; P.L.72-1996, SEC.9; P.L.75-1997, SEC.1; P.L.224-2005, SEC.8; P.L.165-2006, SEC.25; P.L.153-2015, SEC.10.

 

IC 7.1-3-13-3.5Requirements to sell wine purchased from estate sale; immunity from product liability

     Sec. 3.5. (a) A wine wholesaler may sell wine purchased from an estate sale only if the following requirements are met:

(1) The primary source of the wine sold at auction:

(A) is authorized to sell wine in Indiana on the date the wine is resold by the wholesaler;

(B) is given notice of the purchase by the wine wholesaler; and

(C) authorizes the wine wholesaler to resell the wine purchased.

(2) The seller of wine at auction is a bona fide estate of an Indiana decedent.

(3) Each wine bottle is affixed with a sticker indicating that the wine was purchased from an estate.

     (b) The notice given to the primary source under subsection (a)(1) must include the following information:

(1) The name of the seller.

(2) The amount of the product purchased and the sale price at auction.

(3) The vintage of the wine purchased.

     (c) A wholesaler is not liable for product liability for wine that the wholesaler sells from an estate auction purchase.

As added by P.L.94-2008, SEC.34.

 

IC 7.1-3-13-4Wine bottlers' permit; application

     Sec. 4. Wine Bottlers' Permit: Application. The commission may issue a wine bottler's permit to a person who desires to commercially bottle wine.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-13-5Persons eligible for permits

     Sec. 5. Persons Eligible for Permits. The commission shall not issue a wine bottler's permit to a person who is the holder of wine wholesaler's permit, a beer wholesaler's permit, or a liquor wholesaler's permit. A person shall be eligible to hold additional wine bottler's permits upon payment of the proper additional annual license fees.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-13-6Scope of permit

     Sec. 6. Scope of Permit. The holder of a wine bottler's permit shall be entitled to import and transport wine from another state, or country, into this state. He shall be entitled to export and transport wine, by the bottle, barrel, cask, or other container, to points outside this state. A wine bottler shall have the exclusive right to bottle, to label, or both, with his own private label, or another label authorized by its owner, or to place wine in containers different from those in which the wine was imported into this state. Within this state, the holder of a wine bottler's permit shall be entitled to sell, furnish, and deliver wine only to a wine wholesaler, and shall be specifically prohibited from selling, furnishing, and delivering wine to a wine retailer or a wine dealer. Further, he shall not be entitled to sell wine at retail.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-14Chapter 14. Wine Retailers' Permits
           7.1-3-14-1Application
           7.1-3-14-2Prerequisites
           7.1-3-14-3Persons eligible for permits
           7.1-3-14-4Scope of permit
           7.1-3-14-5Limitation of sales; fees; clubs; discrimination
           7.1-3-14-6Issuance to proprietor of race track having beer retailer permit
           7.1-3-14-7Wine sampling

 

IC 7.1-3-14-1Application

     Sec. 1. Application. The commission may issue a wine retailer's permit to a person who desires to sell wine or flavored malt beverages for consumption on the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-24.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.10.

 

IC 7.1-3-14-2Prerequisites

     Sec. 2. Prerequisites. The commission may issue or refuse a wine retailer's permit, in its discretion, with or without requiring an investigation before a local board. However, publication of notice need not be given if the commission does require an investigation before a local board.

[Pre-1973 Recodification Citation: 7-1-1-24.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-14-3Persons eligible for permits

     Sec. 3. Persons Eligible for Permits. The commission may issue a wine retailer's permit only to the following:

     (a) A person who is not the holder of, nor an applicant for, any other permit and who is not disqualified under the special disqualifications and who operates a restaurant patronized by customers who are likely to consume table wine with their meals;

     (b) A person who is the holder of a beer retailer's permit; or,

     (c) A person who is the holder of a liquor retailer's permit.

[Pre-1973 Recodification Citation: 7-1-1-24.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-14-4Scope of permit

     Sec. 4. (a) The holder of a wine retailer's permit is entitled to purchase wine only from a permittee entitled to sell to the wine retailer under this title. A wine retailer is entitled to possess wine and sell it at retail to a customer for consumption on the licensed premises. A wine retailer is also entitled to sell wine to a customer and deliver it in permissible containers to the customer on the licensed premises or to the customer's house.

     (b) A wine retailer is not entitled to sell wine at wholesale. A wine retailer is not entitled to sell and deliver wine on the street or at the curb outside the licensed premises, nor is the wine retailer entitled to sell wine at a place other than the licensed premises. However, a wine retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.

     (c) A wine retailer is entitled to sell and deliver wine for carry out, or for at-home delivery.

As added by P.L.112-1987, SEC.8.

 

IC 7.1-3-14-5Limitation of sales; fees; clubs; discrimination

     Sec. 5. (a) Notwithstanding any other law, a wine retailer may limit sales to the following:

(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.

(2) Guests of a person described in subdivision (1).

     (b) A wine retailer may call the annual fee described in subsection (a) a membership fee.

     (c) A wine retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.

     (d) This section does not allow a wine retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.

As added by P.L.73-1991, SEC.3.

 

IC 7.1-3-14-6Issuance to proprietor of race track having beer retailer permit

     Sec. 6. (a) The commission may issue a wine retailer permit, either inside or outside corporate limits, to a person who holds a beer retailer permit under IC 7.1-3-6-16 and who is the proprietor of a race track that:

(1) meets the specifications of rules adopted by the commission; and

(2) is sanctioned by a nationally chartered and recognized racing organization.

     (b) The scope of a permit issued under this section, including the times during which beer may be sold, shall be set by rules adopted by the commission.

     (c) A permit issued under this section is exempt from IC 7.1-3-21-1 and IC 7.1-3-22-3. The permit is not transferable for ownership or location.

As added by P.L.106-1995, SEC.10.

 

IC 7.1-3-14-7Wine sampling

     Sec. 7. (a) A wine retailer may allow customers to sample wines.

     (b) Sampling is permitted:

(1) only on the wine retailer's permit premises; and

(2) only during the permittee's regular business hours.

     (c) A wine retailer may not charge for the samples provided to the customers.

     (d) Sample size may not exceed one (1) ounce.

As added by P.L.12-1999, SEC.3.

 

IC 7.1-3-15Chapter 15. Wine Dealers' Permits
           7.1-3-15-1Application
           7.1-3-15-2Persons eligible for permits
           7.1-3-15-3Scope of permit

 

IC 7.1-3-15-1Application

     Sec. 1. Application. The commission may issue a wine dealer's permit to a person who desires to sell wine or flavored malt beverages for consumption off the licensed premises.

[Pre-1973 Recodification Citation: 7-1-1-25.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.11.

 

IC 7.1-3-15-2Persons eligible for permits

     Sec. 2. Persons Eligible for Permits. The commission may issue a wine dealer's permit only to the following:

     (a) A person who is the holder of a beer dealer's permit; or,

     (b) A person who is the holder of a liquor dealer's permit.

[Pre-1973 Recodification Citation: 7-1-1-25.]

Formerly: Acts 1973, P.L.55, SEC.1.

 

IC 7.1-3-15-3Scope of permit

     Sec. 3. (a) The holder of a wine dealer's permit shall be entitled to purchase wine only from a permittee who is authorized to sell to a wine dealer under this title. A wine dealer shall be entitled to sell wine for consumption off the licensed premises only and not by the drink.

     (b) A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as determined under the rules of the commission, in a single transaction. However, a wine dealer who is licensed under IC 7.1-3-10-4 may possess wine and sell it at retail in its original package to a customer only for consumption off the licensed premises.

     (c) Unless a wine dealer is a grocery store or drug store, a wine dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. A wine dealer that is a grocery store or drug store may sell any item except alcoholic beverages through a window in the licensed premises to a person who is outside the licensed premises.

     (d) However, a wine dealer who is licensed under IC 7.1-3-10-4 may deliver wine only in permissible containers to a customer's residence, office, or designated location. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.

[Pre-1973 Recodification Citation: 7-1-1-25.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.65-1990, SEC.3; P.L.106-1995, SEC.11; P.L.204-2001, SEC.29; P.L.41-2002, SEC.4.

 

IC 7.1-3-16Chapter 16. Dining Car, Boat, and Temporary Wine Permits
           7.1-3-16-1Dining car wine permits
           7.1-3-16-2<