Ind. Code § 7.1-3-2-7 — Indiana Code / Title 7.1 / Article 3 / Chapter 2 / Section 7.1-3-2-7
Scope of permit
Status: in_force

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, 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 that is not subject to the minimum gross food sales or the minimum projected food sales set forth in 905 IAC 1-41-2.

(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 licensed premises of the brewer or at the residence of the consumer. Notwithstanding IC 7.1-1-3-20, the licensed premises may include the brewery parking lot or an area adjacent to the brewery that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 10 of this chapter, and may not be used for point of sale purposes or any other purpose. 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 seventy-five (75) 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.

(L) Transfer beer from a building described in clause (K) back to the brewery.

(M) Sell or transfer beer directly to a beer wholesaler from a building described in clause (K), but may not sell or transfer beer from the building to any other permittee or a consumer. The brewer shall maintain an adequate written record of the beer transferred:

(i) between the brewery and the separate building; and

(ii) from the separate building to the wholesaler.

(N) Sell the brewery's beer to the holder of a supplemental caterer's permit issued under IC 7.1-3-9.5 for on-premises consumption only at an event that is held outdoors on property that is contiguous to the brewery as approved by the commission.

(O) Receive liquor from the holder of a distiller's permit issued under IC 7.1-3-7 or the holder of an artisan distiller's permit under IC 7.1-3-27 that is located in the same county as the brewery for the purpose of carbonating and canning the liquor. Upon the completion of canning of the liquor, the product must be returned to the original production facility within forty-eight (48) hours. The activity under this clause is not an interest under IC 7.1-5-9.

(P) Receive beer from another permit holder under this subdivision for the purpose of bottling and packaging the beer. Upon completion of bottling and packaging the beer, the product must be returned to the original permit holder who manufactured the beer. The number of barrels of beer that a permit holder receives, bottles, and packages under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year. The activity under this clause is not an interest under IC 7.1-5-9.

(Q) Sell or transfer beer directly to a food manufacturer located in Indiana that is registered with the federal Food and Drug Administration for the purpose of adding or integrating the beer into a product or recipe.

(R) Manufacture beer for another permit holder under this subdivision. Upon completion of manufacturing the beer, the product must be transported to the permit holder for which the beer was manufactured. To qualify under this clause:

(i) the permit holder for which the beer is manufactured must have manufactured not less than forty (40) barrels of beer produced from raw materials at the licensed premises of the permit holder in the previous calendar year; and

(ii) the number of barrels of beer that a permit holder manufactures under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year.

All records required by the federal Alcohol and Tobacco Tax and Trade Bureau regarding the number of barrels of beer produced from raw materials at the licensed premises of a permit holder must be made available to the commission upon request. The activity under this clause is not an interest under IC 7.1-5-9.

(S) Sell, donate, transport, and deliver beer to a qualified organization for:

(i) an allowable event under IC 7.1-3-6.1;

(ii) a charity auction under IC 7.1-3-6.2; or

(iii) an event under IC 7.1-3-6.3.

(T) With the approval of the commission under clause (J), participate in a farmers' market at which products of the permit holder are displayed, promoted, and sold. The permit holder may:

(i) provide samples of the brewery's beer for consumption on the premises, subject to a limit of three (3) samples of not more than six (6) ounces per person; and

(ii) sell six (6), twelve (12), and twenty-four (24) packs of twelve (12) ounce or sixteen (16) ounce cans of the brewery's beer in qualified containers for consumption off the premises.

(U) Upon proper notice to the commission under IC 7.1-3-21-14.5(d)(1), participate in an event sponsored by a local board on the grounds of a county fair under IC 7.1-3-21-14.5(b).

(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.

(10) Sell, donate, transport, and deliver beer to a qualified organization for:

(A) an allowable event under IC 7.1-3-6.1;

(B) a charity auction under IC 7.1-3-6.2; or

(C) an event under IC 7.1-3-6.3.

[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; P.L.279-2019, SEC.3; P.L.285-2019, SEC.17; P.L.194-2021, SEC.29; P.L.220-2023, SEC.4; P.L.26-2024, SEC.1; P.L.163-2025, SEC.12; P.L.164-2025, SEC.1; P.L.186-2025, SEC.276; P.L.6-2026, SEC.1.
Ind. Code § 7.1-3-20-16.1 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-16.1
Municipal riverfront development project; alcoholic beverage permit requirements
Status: in_force

Sec. 16.1. (a) This section applies to a municipal riverfront development project established by a city or town that is authorized under section 16(d) of this chapter.

(b) In order to qualify for a permit, an applicant must demonstrate that the municipal riverfront development project area where the permit is to be located meets the following criteria:

(1) The project boundaries:

(A) must border on at least one (1) side of a river; or

(B) must border a lake that is:

(i) at least seven hundred and fifty (750) acres; and

(ii) completely within the boundaries of a municipality.

(2) The proposed permit premises may not be located more than:

(A) one thousand five hundred (1,500) feet; or

(B) three (3) municipal blocks;

from the river or the lake, whichever is greater. However, if the area adjacent to the river or the lake is incapable of being developed because the area is in a floodplain, or for any other reason that prevents the area from being developed, the distances described in clauses (A) and (B) are measured from the municipal blocks located nearest to the river or the lake that are capable of being developed.

(3) The permit premises are located within:

(A) an economic development area, a redevelopment project area, an urban renewal area, or a redevelopment area established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;

(B) an economic development project district under IC 36-7-15.2 or IC 36-7-26; or

(C) a community revitalization enhancement district designated under IC 36-7-13-12.1.

(4) The project must be funded in part with state and municipal funds.

(5) The boundaries of the municipal riverfront development project must be designated by ordinance or resolution by the legislative body (as defined in IC 36-1-2-9) of the city or town in which the project is located.

(c) Proof of compliance with subsection (b) must consist of the following documentation, which is required at the time the permit application is filed with the commission:

(1) A detailed map showing:

(A) definite boundaries of the entire municipal riverfront development project; and

(B) the location of the proposed permit within the project.

(2) A copy of the local ordinance or resolution of the city or town legislative body authorizing the municipal riverfront development project.

(3) Detailed information concerning the expenditures of state and municipal funds on the municipal riverfront development project.

(d) Notwithstanding subsection (b), the commission may issue a permit for premises, the location of which does not meet the criteria of subsection (b)(2), if all the following requirements are met:

(1) All other requirements of this section and section 16(d) of this chapter are satisfied.

(2) The proposed premises is located not more than:

(A) three thousand (3,000) feet; or

(B) six (6) municipal blocks;

from the river or the lake, whichever is greater. However, if the area adjacent to the river or the lake is incapable of being developed because the area is in a floodplain, or for any other reason that prevents the area from being developed, the distances described in clauses (A) and (B) are measured from the municipal blocks located nearest to the river or the lake that are capable of being developed.

(3) The permit applicant satisfies the criteria established by the commission by rule adopted under IC 4-22-2. The criteria established by the commission may require that the proposed premises be located in an area or district set forth in subsection (b)(3).

(4) The permit premises may not be located less than two hundred (200) feet from facilities owned by a state educational institution.

(e) A permit may not be issued if the proposed permit premises is the location of an existing three-way permit subject to IC 7.1-3-22-3.

As added by P.L.72-2004, SEC.11. Amended by P.L.155-2005, SEC.2 and P.L.214-2005, SEC.49; P.L.185-2005, SEC.2; P.L.1-2006, SEC.149; P.L.2-2007, SEC.131; P.L.278-2019, SEC.166; P.L.22-2021, SEC.1; P.L.150-2021, SEC.2; P.L.73-2024, SEC.2.
Ind. Code § 7.1-3-23-23 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-23
Revocation for prohibited interest; beer
Status: in_force

Sec. 23. (a) This section applies to a brewer that manufactures, in aggregate, more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana.

(b) The commission shall revoke the permit of a brewer or beer wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-3.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.88-1993, SEC.4; P.L.186-2011, SEC.7; P.L.71-2012, SEC.5; P.L.79-2015, SEC.4.
Ind. Code § 7.1-3-1-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-5
Application for permits; disclosures; permit premises pending
Status: in_force

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:

(1) the names 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; or

(2) the website where a member of the public may access the information in subdivision (1).

(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 on deposit with the commission under section 3.5 of this chapter (before July 1, 2019) or (after June 30, 2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If a permit issued by the commission is deposited with the commission under this subsection:

(1) the applicant must go before the local board for approval of the applicant; and

(2) before making the permit 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; P.L.285-2019, SEC.12; P.L.194-2021, SEC.24; P.L.1-2025, SEC.110.
Ind. Code § 7.1-3-1.5-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.5 / Section 7.1-3-1.5-11
Injunction
Status: in_force

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.
Ind. Code § 7.1-2-4-8 — Indiana Code / Title 7.1 / Article 2 / Chapter 4 / Section 7.1-2-4-8
Composition; no city exception
Status: in_force

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.
Ind. Code § 7.1-3-25-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 25 / Section 7.1-3-25-5
Successor requirements
Status: in_force

Sec. 5. A successor:

(1) who acquires the rights to manufacture or distribute an existing product; and

(2) who:

(A) does not reappoint the existing wholesaler to distribute the product;

(B) reduces the existing wholesaler's territory for the product; or

(C) offers to compensate the existing wholesaler in an amount less than the fair market value determined under section 7 of this chapter;

must comply with this chapter. A successor's designee must also comply with this chapter.

As added by P.L.224-2005, SEC.19.
Ind. Code § 7.1-3-20-13 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-13
New restaurants outside corporate limits
Status: in_force

Sec. 13. (a) The commission may issue a three-way permit to the proprietor of a new restaurant which is located outside the corporate limits of an incorporated city or town for the sale of alcoholic beverages if:

(1) the applicant proves to the local board and the commission that a projection of his experience had for the first ninety (90) days of gross food sales at the location will exceed not less than two hundred thousand dollars ($200,000) in gross food sales by the end of two (2) years from the date of his application; and

(2) the restaurant meets the additional requirements provided in section 12 of this chapter, other than the gross food sales requirement.

(b) Notwithstanding subsection (a), the gross food sales requirement under this section for an applicant who plans to do business during six (6) or fewer months of each year is an average of at least eight thousand five hundred dollars ($8,500) per month for each full month that the applicant plans to do business.

(c) Notwithstanding subsections (a) and (b), the commission may issue a permit for a new restaurant to sell alcoholic beverages at the time of its opening if the applicant for this permit first executes a verified certification to the commission stating that the anticipated gross food sales are expected to exceed two hundred thousand dollars ($200,000) during the first two (2) years of operation. Not more than one hundred twenty (120) days after the opening of the new restaurant, the applicant shall furnish to the commission a financial statement showing the dollar amount of food sales made during the first ninety (90) days of operation. The commission may require this financial statement to be audited by a certified public accountant. If the food sales shown on the financial statement do not meet the standards set forth in subsection (a), the commission may revoke the permit.

[Pre-1973 Recodification Citation: 7-1-1-8(4)(e).]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3. As amended by P.L.85-1985, SEC.12.
Ind. Code § 7.1-3-31-9 — Indiana Code / Title 7.1 / Article 3 / Chapter 31 / Section 7.1-3-31-9
Application to commission
Status: in_force

Sec. 9. (a) The municipality shall submit the following to the commission:

(1) The application for approval of the refreshment area.

(2) The completed applications received by the municipality from retailer permittees to participate in the refreshment area as designated permittees.

(3) The ordinance adopted by the municipality under section 8 of this chapter. The commission shall review the ordinance for compliance with this chapter.

(b) If the ordinance is approved, the commission shall issue a refreshment area designation to each retailer permittee whose application was submitted by the municipality and approved by the commission. The commission may approve a refreshment area and issue refreshment area designations to retailer permittees without publication of notice or investigation before a local board. The commission may not charge a fee for designating a retailer permittee.

(c) Designated permittees and vendors shall comply with the applicable public health and safety requirements established by ordinance for the refreshment area.

As added by P.L.167-2023, SEC.4.
Ind. Code § 7.1-7-2-8 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-8
Repealed
Status: repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.148-2026, SEC.10.
Ind. Code § 7.1-3-25-12 — Indiana Code / Title 7.1 / Article 3 / Chapter 25 / Section 7.1-3-25-12
Arbitration costs; decision of arbitrator binding
Status: in_force

Sec. 12. (a) The cost of the arbitrator and any other direct costs of the arbitration shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them.

(b) The arbitrator shall render a decision not later than thirty (30) days after the conclusion of the arbitration unless this time period is extended by mutual agreement of the parties or by the arbitrator. The decision of the arbitration is final and binding on the parties. Under no circumstances may the parties appeal the decision of the arbitrator.

(c) A party who fails to participate in the arbitration hearings waives all rights the party would have had in the arbitration and is considered to have consented to the determination of the arbitrator.

As added by P.L.224-2005, SEC.19.
Ind. Code § 7.1-3-20-18.6 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-18.6
Submission of hotel floor plan
Status: in_force

Sec. 18.6. (a) If the commission issues a hotel permit for a hotel that meets the requirements of section 18(a)(2)(B) of this chapter, the holder of the hotel permit shall submit a floor plan or design to the commission of the premises where alcoholic beverages will be served and consumed, including any sleeping rooms of the hotel.

(b) If the commission approves a floor plan or design described in subsection (a), the holder of the hotel permit may serve alcoholic beverages, as provided under the permit, to any building included in the floor plan or design.

As added by P.L.214-2016, SEC.22.
Ind. Code § 7.1-3-23-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-4
Additional fine
Status: in_force

Sec. 4. The commission, if a fine imposed pursuant to IC 7.1-3-23-2 is not paid according to the order of commission, may suspend or add to the period of suspension of a permit in the following increments:

(1) A period of one (1) day for each one hundred dollars ($100) remaining unpaid if the permittee is a brewer, an artisan distiller, or a distiller.

(2) A period of one (1) day for each fifty dollars ($50) remaining unpaid if the permittee is a wholesaler of any type.

(3) A period of one (1) day for each twenty-five dollars ($25) remaining unpaid if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2).

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.5.
Ind. Code § 7.1-7-2-6.3 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-6.3
"Delivery sale"
Status: in_force

Sec. 6.3. "Delivery sale" means a sale of an e-liquid, an e-liquid product, or a vapor device to a purchaser in Indiana in which the purchaser submits the order for the sale:

(1) by telephone;

(2) over the Internet; or

(3) through the mail or another delivery system;

and the e-liquid, e-liquid product, or vapor device is shipped through a delivery service. "Delivery sale" does not include a sale of an e-liquid, an e-liquid product, or a vapor device not for personal consumption to a person who is a retailer.

As added by P.L.206-2017, SEC.6. Amended by P.L.49-2020, SEC.11; P.L.148-2026, SEC.9.
Ind. Code § 7.1-2-1-10 — Indiana Code / Title 7.1 / Article 2 / Chapter 1 / Section 7.1-2-1-10
Meetings and adjournments
Status: in_force

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.
Ind. Code § 7.1-3-18.5-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 18.5 / Section 7.1-3-18.5-2
Information required; fees; certification for each location; display of certificate; denial; requirements
Status: in_force

Sec. 2. (a) A person who desires a certificate must provide the following to the commission:

(1) The applicant's name and mailing address and the address of the premises for which the certificate is being issued.

(2) Except as provided in section 6(c) of this chapter, a fee of:

(A) two hundred dollars ($200) for a retail tobacco sales certificate; or

(B) one hundred dollars ($100) for a wholesale tobacco sales certificate.

(3) The name under which the applicant transacts or intends to transact business.

(4) The address of the applicant's principal place of business or headquarters, if any.

(5) The statement required under section 2.6 of this chapter.

(6) If the applicant is applying for a new certificate under section 3.2 of this chapter, a copy of each of the following:

(A) If the new ownership of the business is a business entity, the articles of incorporation, articles of organization, or any other formation documents of the business entity.

(B) If the new ownership of the business is an individual, either:

(i) the sales or purchase agreement; or

(ii) an affidavit signed by the applicant concerning the sale or purchase, on a form prescribed by the commission, that includes the name and address of the seller and purchaser.

(C) The certificate held by the previous ownership of the business.

(7) A photocopy of the owner's driver's license, identification card issued under IC 9-24-16-1, a similar card issued under the laws of another state or the federal government, or another government issued document that bears the owner's photograph and birth date. If the applicant is a business with multiple owners, the applicant must designate at least one (1) managing owner for whom a photocopy of the managing owner's identification must be provided under this subdivision.

(b) A separate certificate is required for each location where the tobacco products or electronic cigarettes are sold or distributed. An establishment may not hold more than one (1) active tobacco sales certificate for a location at any time. Except when the real estate for a retail location is transferred to an independent third party, the commission shall not issue a certificate to a retail location where a tobacco sales certificate was revoked within one (1) year prior to the date of the application.

(c) A certificate holder shall conspicuously display the holder's certificate on the holder's premises where the tobacco products or electronic cigarettes are sold or distributed.

(d) Any intentional misstatement or suppression of a material fact in an application filed under this section constitutes grounds for denial or revocation of the certificate.

(e) A certificate may be issued only to a person who meets the following requirements:

(1) If the person is an individual, the person must be at least twenty-one (21) years of age.

(2) The person must be authorized to do business in Indiana.

(3) The person has not had an interest in a certificate revoked by the commission for that business location within the preceding one (1) year.

(f) The fees collected under this section shall be deposited in the enforcement and administration fund under IC 7.1-4-10.

As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005, SEC.10; P.L.94-2008, SEC.37; P.L.231-2015, SEC.2; P.L.49-2020, SEC.3; P.L.107-2024, SEC.1; P.L.148-2026, SEC.3; P.L.153-2026, SEC.29.
Ind. Code § 7.1-2-6-3 — Indiana Code / Title 7.1 / Article 2 / Chapter 6 / Section 7.1-2-6-3
Public nuisance; untaxed liquor
Status: in_force

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.
Ind. Code § 7.1-5-4-4 — Indiana Code / Title 7.1 / Article 5 / Chapter 4 / Section 7.1-5-4-4
Repealed
Status: repealed

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

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.
Ind. Code § 7.1-3-20-16 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-16
Restaurants; airports; certain economic development areas; redevelopment projects or districts; historic river vessels; cultural centers; historic districts; motorsport development districts; premises in qualified motorsports facilities; certain municipalities
Status: in_force

Sec. 16. (a) A permit that is authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22.

(b) The commission may issue a three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant facility in the passenger terminal complex of a publicly owned airport. A permit issued under this subsection shall not be transferred to a location off the airport premises.

(c) Except as provided in sections 16.3 and 16.4 of this chapter, the commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant within a redevelopment project consisting of a building or group of buildings that:

(1) was formerly used as part of a union railway station;

(2) has been listed in or is within a district that has been listed in the federal National Register of Historic Places maintained pursuant to the National Historic Preservation Act of 1966, as amended; and

(3) has been redeveloped or renovated, with the redevelopment or renovation being funded in part with grants from the federal, state, or local government.

A permit issued under this subsection shall not be transferred to a location outside of the redevelopment project.

(d) Subject to section 16.1 of this chapter and except as provided in section 16.3 of this chapter, the commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant:

(1) on land; or

(2) in a historic river vessel;

within a municipal riverfront development project established by a city or town and funded in part with state and municipal funds. The ownership of a permit issued under this subsection and the location for which the permit was issued may not be transferred. The legislative body of the city or town in which the municipal riverfront development project is located shall recommend to the commission sites that are eligible to be permit premises. The commission shall consider, but is not required to follow, the municipal legislative body's recommendation in issuing a permit under this subsection. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(e) Except as provided in sections 16.3 and 16.4 of this chapter, the commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant within a renovation project consisting of:

(1) a building that:

(A) was formerly used as part of a passenger and freight railway station; and

(B) was built before 1900; or

(2) a complex of buildings that:

(A) is part of an economic development area established under IC 36-7-14; and

(B) includes, as part of the renovation project, the use and repurposing of two (2) or more buildings and structures that are:

(i) at least seventy-five (75) years old; and

(ii) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years.

The permit authorized by this subsection may be issued without regard to the proximity provisions of IC 7.1-3-21-11.

(f) Except as provided in section 16.3 of this chapter, the commission may issue a three-way permit for the sale of alcoholic beverages for on-premises consumption at a cultural center for the visual and performing arts to the following:

(1) A town having a population of more than twenty-three thousand (23,000) and less than twenty-three thousand nine hundred (23,900) located in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000).

(2) A city that has an indoor theater as described in section 26 of this chapter.

(g) Except as provided in section 16.3 of this chapter, the commission may issue not more than fifteen (15) new three-way, two-way, or one-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be the proprietor, as owner or lessee, or both, of a restaurant located within a district, or not more than one thousand five hundred (1,500) feet from a district, that meets the following requirements:

(1) The district has been listed in the National Register of Historic Places maintained under the National Historic Preservation Act of 1966, as amended.

(2) A county courthouse is located within the district.

(3) A historic opera house listed on the National Register of Historic Places is located within the district.

(4) A historic jail and sheriff's house listed on the National Register of Historic Places is located within the district.

The legislative body of the municipality in which the district is located shall recommend to the commission sites that are eligible to be permit premises. The commission shall consider, but is not required to follow, the municipal legislative body's recommendation in issuing a permit under this subsection. An applicant is not eligible for a permit if, less than two (2) years before the date of the application, the applicant sold a retailer's permit that was subject to IC 7.1-3-22 and that was for premises located within the district described in this section or within one thousand five hundred (1,500) feet of the district. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. A permit holder and any lessee or proprietor of the permit premises is subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. The total number of active permits issued under this subsection may not exceed fifteen (15) at any time. The cost of an initial permit issued under this subsection is twenty-five thousand dollars ($25,000).

(h) Except as provided in section 16.3 of this chapter, the commission may issue a three-way permit for the sale of alcoholic beverages for on-premises consumption to an applicant who will locate as the proprietor, as owner or lessee, or both, of a restaurant within an economic development area under IC 36-7-14 in:

(1) a town having a population of more than twenty thousand (20,000); or

(2) a city having a population of more than forty-nine thousand four hundred (49,400) and less than fifty thousand (50,000);

located in a county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000). The commission may issue not more than five (5) licenses under this section to premises within a municipality described in subdivision (1) and not more than five (5) licenses to premises within a municipality described in subdivision (2). The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial license under this subsection is thirty-five thousand dollars ($35,000), and the renewal fee for a license under this subsection is one thousand three hundred fifty dollars ($1,350). Before the district expires, a permit issued under this subsection may not be transferred. After the district expires, a permit issued under this subsection may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises.

(i) After June 30, 2006, and except as provided in section 16.3 of this chapter, the commission may issue not more than five (5) new three-way, two-way, or one-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be the proprietor, as owner or lessee, or both, of a restaurant located within a district, or not more than five hundred (500) feet from a district, that meets all of the following requirements:

(1) The district is within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14.

(2) A unit of the National Park Service is partially located within the district.

(3) An international deep water seaport is located within the district.

An applicant is not eligible for a permit under this subsection if, less than two (2) years before the date of the application, the applicant sold a retailers' permit that was subject to IC 7.1-3-22 and that was for premises located within the district described in this subsection or within five hundred (500) feet of the district. A permit issued under this subsection may not be transferred. If the commission issues five (5) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed five (5) at any time. The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission.

(j) Subject to section 16.2 of this chapter and except as provided in section 16.3 of this chapter, the commission may issue not more than six (6) new three-way, two-way, or one-way permits to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant on land within a municipal lakefront development project. A permit issued under this subsection may not be transferred. If the commission issues six (6) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed six (6) at any time. The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial permit under this subsection is ten thousand dollars ($10,000).

(k) Except as provided in section 16.3 of this chapter, the commission may issue not more than nine (9) new three-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be a proprietor, as owner or lessee, or both, of a restaurant located:

(1) within a motorsports investment district (as defined in IC 5-1-17.5-11); or

(2) not more than one thousand five hundred (1,500) feet from a motorsports investment district.

The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues nine (9) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed nine (9) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(l) Except as provided in section 16.3 of this chapter, the commission may issue not more than two (2) new three-way permits to sell alcoholic beverages for on-premises consumption for premises located within a qualified motorsports facility (as defined in IC 5-1-17.5-14). The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues two (2) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed two (2) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(m) Except as provided in section 16.3 of this chapter, the commission may issue not more than three (3) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Auburn. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues three (3) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed three (3) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(n) Except as provided in section 16.3 of this chapter, the commission may issue not more than three (3) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Kendallville. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues three (3) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed three (3) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(o) Except as provided in section 16.3 of this chapter, the commission may issue not more than two (2) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Warsaw. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues two (2) new permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed two (2) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(p) Except as provided in section 16.3 of this chapter, the commission may issue not more than one (1) new three-way permit to sell alcoholic beverages for on-premises consumption in the town of Winona Lake. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues one (1) new permit under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed one (1) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

(q) Except as provided in section 16.3 of this chapter, the commission may issue not more than one (1) new three-way permit to sell alcoholic beverages for on-premises consumption in the town of Syracuse. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues one (1) new permit under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed one (1) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation.

[Pre-1973 Recodification Citation: 7-1-1-8(4)(d).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.14; P.L.78-1986, SEC.6; P.L.103-1989, SEC.2; P.L.72-1991, SEC.2; P.L.12-1992, SEC.56; P.L.277-1993(ss), SEC.131; P.L.15-1994, SEC.6; P.L.170-2002, SEC.55; P.L.155-2005, SEC.1; P.L.214-2005, SEC.48; P.L.224-2005, SEC.16; P.L.1-2006, SEC.148; P.L.165-2006, SEC.27; P.L.10-2010, SEC.7; P.L.71-2012, SEC.3; P.L.119-2012, SEC.80; P.L.176-2013, SEC.1; P.L.121-2015, SEC.2; P.L.131-2016, SEC.1; P.L.214-2016, SEC.17; P.L.285-2019, SEC.35; P.L.150-2021, SEC.1; P.L.172-2021, SEC.1; P.L.220-2021, SEC.3; P.L.104-2022, SEC.57; P.L.220-2023, SEC.8; P.L.73-2024, SEC.1; P.L.23-2026, SEC.48.
Ind. Code § 7.1-3-20-7 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-7
Fraternal clubs; labor organizations
Status: in_force

Sec. 7. (a) As used in this title and to be eligible to receive the appropriate permit, "fraternal club" means an association or corporation whose membership is comprised of or forms:

(1) a lodge or local chapter or corresponding unit of a fraternal order or of another association of a like nature; or

(2) a body whose membership is comprised of persons who have served in the armed forces of the United States;

and which has been in continual existence on a national scale for more than five (5) years prior to the date the application is filed.

(b) Fraternal clubs and labor organizations need not meet the requirements of section 1 of this chapter, but are considered clubs for all other purposes of this title.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.10; P.L.13-2013, SEC.28.
Ind. Code § 7.1-3-3-9 — Indiana Code / Title 7.1 / Article 3 / Chapter 3 / Section 7.1-3-3-9
Demand for public hearing
Status: in_force

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.
Ind. Code § 7.1-5-10-8 — Indiana Code / Title 7.1 / Article 5 / Chapter 10 / Section 7.1-5-10-8
Solicitation of certain orders prohibited
Status: in_force

Sec. 8. (a) It is unlawful for a person to solicit or receive, or to allow the person's employee to solicit or receive, an order for an alcoholic beverage from another person in violation of a provision of this title.

(b) It is unlawful for a person to give information of how an alcoholic beverage may be obtained in violation of a provision of this title.

(c) A person who knowingly or intentionally violates subsection (a) or (b) commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.74.
Ind. Code § 7.1-5-10-3 — Indiana Code / Title 7.1 / Article 5 / Chapter 10 / Section 7.1-5-10-3
Unauthorized dealings prohibited
Status: in_force

Sec. 3. (a) It is unlawful for a person who is not a permittee to recklessly give away or furnish, to a person other than a guest or a member of the permittee's family, or to recklessly sell, barter, or exchange, an alcoholic beverage unless the permittee is expressly authorized to do so by this title.

(b) A person who violates this section commits a Class B misdemeanor.

[Pre-1973 Recodification Citation: 7-1-1-32(5).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.716; P.L.159-2014, SEC.70.
Ind. Code § 7.1-5-1-4 — Indiana Code / Title 7.1 / Article 5 / Chapter 1 / Section 7.1-5-1-4
Repealed
Status: repealed

[Pre-1973 Recodification Citation: 7-1-1-32(12).]

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.156, SEC.2.
Ind. Code § 7.1-3-3-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 3 / Section 7.1-3-3-11
Findings and conclusions; action of commission
Status: in_force

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, by registered mail, or electronically 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. As amended by P.L.145-2024, SEC.6.
Ind. Code § 7.1-3-27-9 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-9
Prohibited sales
Status: in_force

Sec. 9. (a) An artisan distiller may not sell liquor to a retailer or dealer.

(b) An artisan distiller who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.11.
Ind. Code § 7.1-3-2-1.4 — Indiana Code / Title 7.1 / Article 3 / Chapter 2 / Section 7.1-3-2-1.4
"Bottle"
Status: in_force

Sec. 1.4. For purposes of this chapter, "bottle" means a standard wine container that meets the requirements of 27 CFR 4.71.

As added by P.L.279-2019, SEC.1.
Ind. Code § 7.1-7-2-13 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-13
Repealed
Status: repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.11.
Ind. Code § 7.1-5-3-5 — Indiana Code / Title 7.1 / Article 5 / Chapter 3 / Section 7.1-5-3-5
Repealed
Status: repealed

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

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.
Ind. Code § 7.1-5-11-12 — Indiana Code / Title 7.1 / Article 5 / Chapter 11 / Section 7.1-5-11-12
Use of highway for evasion prohibited
Status: in_force

Sec. 12. (a) It is unlawful for a person to use or employ a public highway in this state with the intent of evading a provision of this title.

(b) A person who violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.98.
Ind. Code § 7.1-5-7-17 — Indiana Code / Title 7.1 / Article 5 / Chapter 7 / Section 7.1-5-7-17
Enforcement actions
Status: in_force

Sec. 17. (a) Notwithstanding any other law, an enforcement officer vested with full police powers and duties may engage a person who is:

(1) at least eighteen (18) years of age; and

(2) less than twenty-one (21) years of age;

to receive or purchase alcoholic beverages as part of an enforcement action under this article.

(b) The initial or contemporaneous receipt or purchase of an alcoholic beverage under this section by a person described in subsection (a) must:

(1) occur under the direction of an enforcement officer vested with full police powers and duties; and

(2) be a part of the enforcement action.

As added by P.L.94-2008, SEC.53.
Ind. Code § 7.1-3-4-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 4 / Section 7.1-3-4-2
Special disqualifications
Status: in_force

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) A person who does not have lawful status (as defined in IC 9-13-2-92.3).

(2) A person who is not of good repute in the community in which the person resides.

(3) A person who has been convicted within ten (10) years before the date of application of:

(A) a federal crime having a sentence of at least one (1) year;

(B) 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

(C) 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).

However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.

(4) 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.

(5) A law enforcement officer or an officer who is not an elected officer of a municipal corporation, or governmental subdivision, or of Indiana, charged with any duty or function in the enforcement of this title.

(6) An officer or employee of a person engaged in the alcoholic beverage traffic, which person is a nonresident of Indiana, 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.

(7) 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.

(8) 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.

(9) 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.

(10) A minor.

(11) A person non compos mentis.

(12) 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.

(13) 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.

(14) 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)(10) 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; P.L.285-2019, SEC.19; P.L.163-2025, SEC.14.
Ind. Code § 7.1-1-3-8 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-8
"Carrier"
Status: in_force

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.
Ind. Code § 7.1-3-4-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 4 / Section 7.1-3-4-3
Premises outside corporate limits
Status: in_force

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.
Ind. Code § 7.1-3-6-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 6 / Section 7.1-3-6-5
Scope of permit
Status: in_force

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.
Ind. Code § 7.1-3-5-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 5 / Section 7.1-3-5-4
Renewal or transfer of certain permits held before July 1, 2008
Status: in_force

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.
Ind. Code § 7.1-1-3-35 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-35
"Rectifier"
Status: in_force

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.
Ind. Code § 7.1-3-18-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 18 / Section 7.1-3-18-11
Temporary bartender's permit
Status: in_force

Sec. 11. (a) The commission may issue a temporary bartender's permit to any person who is at least twenty-one (21) years of age for any of the following purposes:

(1) To be a bartender at any activity or event for which a temporary permit is issued under IC 7.1-3-6 (beer) or IC 7.1-3-16 (wine).

(2) To be a bartender at a nonprofit club for a maximum of four (4) days in a year during the same time that a fair or festival is held in the community where the club is located. However, the commission may only issue a maximum of twenty (20) temporary bartender's licenses for use in one (1) club during one (1) fair or festival.

(b) A temporary bartender's permit is the only license that is required for persons to serve as bartenders for the purposes described in subsection (a).

(c) A temporary bartender at a club may dispense any alcoholic beverage that the club's permit allows the club to serve.

(d) The fee for a temporary bartender's permit is five dollars ($5).

(e) The commission may by rule provide procedures for the issuance of a temporary bartender's permit.

(f) The commission shall revoke a permit issued to a bartender under this section if the bartender is convicted of a Class B misdemeanor for violating IC 7.1-5-10-15(a).

As added by P.L.77-1988, SEC.4. Amended by P.L.52-1992, SEC.7; P.L.125-2000, SEC.2; P.L.224-2005, SEC.9.
Ind. Code § 7.1-3-20-13.6 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-13.6
Golf course clubhouse; sale from golf cart
Status: in_force

Sec. 13.6. (a) As used in this section, "clubhouse" means a facility:

(1) that is located on a golf course; and

(2) where alcoholic beverages are sold under a retailer's permit or a club permit issued by the commission.

(b) The holder of a retailer's permit or a club permit for the sale of alcoholic beverages at a clubhouse may, under the same permit, sell alcoholic beverages at a permanent, semipermanent, or portable structure or cart that meets the following requirements:

(1) Is on the same golf course premises as the clubhouse.

(2) Is within reasonable proximity of the clubhouse.

(3) Provides minimum food service.

(4) Has a floor plan or design that meets the following requirements:

(A) Is on file with the commission.

(B) Has been approved by the commission.

(c) All employees of a permittee described in subsection (b), who are involved in the furnishing, supplying, conveying, selling or serving of alcoholic beverages, shall have an employee's permit or bartender's permit, as applicable.

As added by P.L.87-1993, SEC.2. Amended by P.L.285-2019, SEC.34.
Ind. Code § 7.1-5-1-0.1 — Indiana Code / Title 7.1 / Article 5 / Chapter 1 / Section 7.1-5-1-0.1
Repealed
Status: repealed

As added by P.L.220-2011, SEC.176. Repealed by P.L.63-2012, SEC.8.
Ind. Code § 7.1-3-22-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 22 / Section 7.1-3-22-8
Quota determination; restrictions; permissible geographic location
Status: in_force

Sec. 8. In making quota determinations under this article, the population of a consolidated city is the population of its fire special service district, except to the extent that the case of Indiana Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118, 286 N.E.2d 174, has determined otherwise. However, the number of liquor dealer's permits issued to proprietors of package liquor stores located in the fire special service district may not exceed the number issued as of January 1, 1977. For purposes of this article relating to the permissible geographic location of package liquor store dealer permit holders, the area of a consolidated city is the area of the entire county.

[Pre-Local Government Recodification Citation: 18-4-14-1 part.]

As added by Acts 1980, P.L.8, SEC.66.
Ind. Code § 7.1-5-10-1 — Indiana Code / Title 7.1 / Article 5 / Chapter 10 / Section 7.1-5-10-1
Times when sales unlawful
Status: in_force

Sec. 1. (a) Except as provided in subsection (c), it is unlawful to sell alcoholic beverages at a time other than that made lawful by the provisions of IC 7.1-3-1-14.

(b) During the time when the sale of alcoholic beverages is unlawful, no alcoholic beverages shall be sold, dispensed, given away, or otherwise disposed of on the licensed premises and the licensed premises shall remain closed to the extent that the nature of the business carried on at the premises, as at a hotel or restaurant, permits.

(c) 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.

(d) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.7; P.L.3-1997, SEC.423; P.L.205-1999, SEC.18; P.L.94-2008, SEC.58; P.L.1-2009, SEC.63; P.L.10-2010, SEC.11; P.L.159-2014, SEC.68; P.L.196-2015, SEC.20.
Ind. Code § 7.1-3-21-12 — Indiana Code / Title 7.1 / Article 3 / Chapter 21 / Section 7.1-3-21-12
Wagering occupational tax stamp
Status: in_force

Sec. 12. Wagering Occupational Tax Stamp. The commission shall not issue a permit to sell alcoholic beverages at retail to a person who holds, owns, or possesses a wagering occupational tax stamp issued by the United States internal revenue authorities.

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

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-3-17.8-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 17.8 / Section 7.1-3-17.8-4
Exemption from notice and quota requirements
Status: in_force

Sec. 4. Upon application, the commission shall issue a permit to the department of natural resources for a state park without:

(1) publication of notice or investigation before a local board; and

(2) regard to the quota provisions of IC 7.1-3-22.

As added by P.L.214-2016, SEC.10.
Ind. Code § 7.1-1-3-45 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-45
"Special disqualifications"
Status: in_force

Sec. 45. The term "special disqualifications" means those impediments provided in IC 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. As amended by P.L.86-2018, SEC.93.
Ind. Code § 7.1-3-23-45 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-45
Employee's permit; duties of commission upon receipt of support order; notice; reinstatement
Status: in_force

Sec. 45. (a) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall:

(1) suspend the employee's permit of; or

(2) deny an employee's permit or the renewal of an employee's permit to;

the person who is the subject of the order.

(b) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall promptly mail or send electronic notice to the last known mailing or electronic mailing address of the person who is the subject of the order that states the following:

(1) That the:

(A) person's employee's permit has been suspended, beginning five (5) business days after the date the notice is sent; and

(B) suspension will end ten (10) business days after the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.

(2) That the person has the right to petition for reinstatement of the employee's permit to the court that ordered the suspension.

(c) The commission may not reinstate an employee's permit suspended under this section until the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.

As added by P.L.80-2010, SEC.11. Amended by P.L.207-2013, SEC.6; P.L.145-2024, SEC.17.
Ind. Code § 7.1-2-3-27 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-27
Repealed
Status: repealed

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

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.2.
Ind. Code § 7.1-3-1.6-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.6 / Section 7.1-3-1.6-8
Eligibility requirements for self-study course
Status: in_force

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.
Ind. Code § 7.1-2-8-3 — Indiana Code / Title 7.1 / Article 2 / Chapter 8 / Section 7.1-2-8-3
Declaratory judgment
Status: in_force

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.
Ind. Code § 7.1-2-5-1 — Indiana Code / Title 7.1 / Article 2 / Chapter 5 / Section 7.1-2-5-1
Issuance of warrant
Status: in_force

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.
Ind. Code § 7.1-4-9-9 — Indiana Code / Title 7.1 / Article 4 / Chapter 9 / Section 7.1-4-9-9
Time of distribution
Status: in_force

Sec. 9. The distribution of the excise fund to be paid into the general fund of a county, city or town shall be distributed by the state treasurer semi-annually on the first day of June and the first day of December of each year. The state comptroller is authorized to draw the state comptroller's warrants to the treasurers of the several governmental subdivisions when the distribution is presented to the state comptroller.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.9-2024, SEC.275; P.L.128-2026, SEC.103.
Ind. Code § 7.1-1-3-9.5 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-9.5
"Hard cider"
Status: in_force

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.
Ind. Code § 7.1-5-11-7 — Indiana Code / Title 7.1 / Article 5 / Chapter 11 / Section 7.1-5-11-7
False shipments prohibited
Status: in_force

Sec. 7. (a) It is unlawful for a consignee to accept or receive a package that contains an alcoholic beverage upon which appears a statement, label, address, superscription, shipping direction, legend, or design which the person knows is false or misleading.

(b) It is unlawful for a carrier, or other person, to consign, ship, transport, or deliver a package that contains an alcoholic beverage if the person knows that a statement, label, address, superscription, shipping direction, legend, or design on it is false or misleading.

(c) A person who violates subsection (a) or (b) commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.93.
Ind. Code § 7.1-7-6-3 — Indiana Code / Title 7.1 / Article 7 / Chapter 6 / Section 7.1-7-6-3
Repealed
Status: repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.33.
Ind. Code § 7.1-2-2-6 — Indiana Code / Title 7.1 / Article 2 / Chapter 2 / Section 7.1-2-2-6
Office space and expenses
Status: in_force

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.
Ind. Code § 7.1-1-3-25 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-25
"Minor"
Status: in_force

Sec. 25. "Minor" means a person less than twenty-one (21) years of age.

[1973 Recodification Citation: New.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.5; P.L.49-2020, SEC.1.
Ind. Code § 7.1-3-1.5-4.3 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.5 / Section 7.1-3-1.5-4.3
"Server program"
Status: in_force

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.
Ind. Code § 7.1-3-19-13 — Indiana Code / Title 7.1 / Article 3 / Chapter 19 / Section 7.1-3-19-13
New permits in residential districts; duty of commission
Status: in_force

Sec. 13. New Permits in Residential Districts: Duty of Commission. The commission shall have the duty in considering an application for a new retailer's permit of any type, or a new liquor dealer's permit, to determine whether the business to be conducted by the applicant pursuant to the proposed permit will be located within a residential district, and if so, whether the conduct of the business pursuant to the proposed permit will unreasonably impair and interfere with the peace, comfort, or enjoyment of life and property of the occupants of the residential district, or any of them. The commission shall deny the application if it finds in the affirmative on both questions.

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

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-4-13-9 — Indiana Code / Title 7.1 / Article 4 / Chapter 13 / Section 7.1-4-13-9
Bylaws of council
Status: repealed

Sec. 9. The council shall adopt bylaws governing the terms of office, filling unexpired terms, expenses, quorum, duties, and other administrative matters. The bylaws may be amended by a two-thirds (2/3) vote of the members present, if a quorum is present.

As added by P.L.102-1989, SEC.6. Amended by P.L.1-1990, SEC.90.
Ind. Code § 7.1-3-1.1-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.1 / Section 7.1-3-1.1-3
Reversion of permit to commission
Status: in_force

Sec. 3. (a) A permit reverts to the commission if:

(1) a term of deposit under section 2(a) of this chapter expires without the commission approving an extension of the term; and

(2) the permit is not active.

(b) In addition to the notice provided under IC 7.1-3-1-3, at least ninety (90) days before the date that a term of deposit expires, the commission shall provide written notice to the permit holder of the date that:

(1) the term of deposit expires; and

(2) the permit will revert to the commission if:

(A) the permit is not active; or

(B) an extension of the term of deposit has not been approved by the commission.

As added by P.L.285-2019, SEC.15.
Ind. Code § 7.1-2-7-2 — Indiana Code / Title 7.1 / Article 2 / Chapter 7 / Section 7.1-2-7-2
Investigations
Status: in_force

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.
Ind. Code § 7.1-3-24-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 24 / Section 7.1-3-24-11
Surrender of permits
Status: in_force

Sec. 11. The administrator or executor of the estate of a deceased permittee may surrender the permit to the commission and it shall be canceled. No part of the fee for the permit shall be refunded.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.42.
Ind. Code § 7.1-3-1-23 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-23
Pharmacy exemption
Status: in_force

Sec. 23. 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 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. As amended by P.L.86-2018, SEC.104.
Ind. Code § 7.1-7-2-3 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-3
Repealed
Status: repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.4.
Ind. Code § 7.1-3-20-19 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-19
Hotels within corporate limits
Status: in_force

Sec. 19. Hotels Within Corporate Limits. The commission may issue the appropriate permit upon the application of a hotel if the premises to be licensed are situated within the corporate limits of a city or town.

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

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-5-8-1 — Indiana Code / Title 7.1 / Article 5 / Chapter 8 / Section 7.1-5-8-1
Hindering enforcement of title prohibited
Status: in_force

Sec. 1. It is a Class C misdemeanor for a person to recklessly hinder, obstruct, interfere with, or prevent the observance or enforcement of any of the following:

(1) A provision of this title.

(2) A rule or regulation of the commission adopted in the administration of this title.

(3) An order of the commission to suspend or revoke a permit or certificate issued under this title.

[Pre-1973 Recodification Citation: 7-1-1-32(2).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.711; P.L.204-2001, SEC.54; P.L.153-2026, SEC.37.
Ind. Code § 7.1-3-18.5-2.6 — Indiana Code / Title 7.1 / Article 3 / Chapter 18.5 / Section 7.1-3-18.5-2.6
Statement of consent
Status: in_force

Sec. 2.6. An application for a tobacco sales certificate must contain the express statement of the applicant that the applicant consents for the duration of the certificate term (if the commission issues the certificate to the applicant) to the entrance, inspection, and search by an enforcement officer, without a warrant or other process, of the applicant's premises to determine whether the applicant is complying with the provisions of this title. The consent required by this section is renewed and continued by the retention of a certificate or the certificate's use by the applicant or the applicant's agents.

As added by P.L.94-2008, SEC.38. Amended by P.L.153-2026, SEC.30.
Ind. Code § 7.1-2-3-21 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-21
Regulation of local boards
Status: in_force

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.
Ind. Code § 7.1-5-4-2 — Indiana Code / Title 7.1 / Article 5 / Chapter 4 / Section 7.1-5-4-2
Repealed
Status: repealed

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

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.31. Repealed by Acts 1978, P.L.2, SEC.727.
Ind. Code § 7.1-3-7.5-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 7.5 / Section 7.1-3-7.5-3
Permitted activities
Status: in_force

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.
Ind. Code § 7.1-7-1-3 — Indiana Code / Title 7.1 / Article 7 / Chapter 1 / Section 7.1-7-1-3
Effect on powers and duties of commission
Status: in_force

Sec. 3. This article does not limit the powers or duties of the commission under IC 7.1-2.

As added by P.L.176-2015, SEC.9.
Ind. Code § 7.1-3-6-3.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 6 / Section 7.1-3-6-3.5
Temporary beer permit; cities of 150,000 to 500,000; conditions; approval of mayor
Status: in_force

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) and 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. Amended by P.L.11-2023, SEC.30.
Ind. Code § 7.1-3-7-6 — Indiana Code / Title 7.1 / Article 3 / Chapter 7 / Section 7.1-3-7-6
Repealed
Status: repealed

[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.
Ind. Code § 7.1-2-1-9 — Indiana Code / Title 7.1 / Article 2 / Chapter 1 / Section 7.1-2-1-9
Repealed
Status: repealed

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

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.153-2026, SEC.20.
Ind. Code § 7.1-3-1-10 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-10
Surety bond; approval
Status: in_force

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.
Ind. Code § 7.1-2-4-2 — Indiana Code / Title 7.1 / Article 2 / Chapter 4 / Section 7.1-2-4-2
Qualifications of appointed members
Status: in_force

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

(1) The person must be at least twenty-one (21) years of age.

(2) The person must be a bona fide resident of the county in which the person is to serve for at least five (5) years immediately preceding the person's appointment.

(3) The person may not have a conviction within ten (10) years before the date of appointment of:

(A) a federal crime having a sentence of at least one (1) year;

(B) 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

(C) 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).

However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.285-2019, SEC.8.
Ind. Code § 7.1-3-17.7-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 17.7 / Section 7.1-3-17.7-4
IC 7.1-3-21-1 inapplicable
Status: in_force

Sec. 4. A horse track permit or a satellite facility permit is not subject to the provisions of IC 7.1-3-21-1.

As added by P.L.15-1994, SEC.5.
Ind. Code § 7.1-3-22-4.7 — Indiana Code / Title 7.1 / Article 3 / Chapter 22 / Section 7.1-3-22-4.7
Permits for certain drug and convenience stores
Status: in_force

Sec. 4.7. (a) Notwithstanding section 4(a) through 4(c) of this chapter, the commission may issue a beer dealer's permit, wine dealer's permit, and liquor dealer's permit to a drug store operated in the city of Westfield.

(b) Notwithstanding section 4(a) through 4(c) of this chapter, the commission may issue a beer dealer's permit and wine dealer's permit to a convenience store operated in the town of Sellersburg.

(c) The following apply to a permit issued under subsection (a) or (b):

(1) The combined initial permit cost is forty thousand dollars ($40,000).

(2) A permit may not be transferred from the premises for which the permit was issued.

(3) The ownership of a permit may be transferred with approval from the commission.

(4) Each permit is subject to the requirements applicable to the permit type.

As added by P.L.153-2026, SEC.34.
Ind. Code § 7.1-5-12-0.5 — Indiana Code / Title 7.1 / Article 5 / Chapter 12 / Section 7.1-5-12-0.5
"Ashtray"
Status: in_force

Sec. 0.5. As used in this chapter, "ashtray" means any receptacle that is used for disposing of smoking materials, including ash and filters.

As added by P.L.141-2012, SEC.2.
Ind. Code § 7.1-3-19-7 — Indiana Code / Title 7.1 / Article 3 / Chapter 19 / Section 7.1-3-19-7
Contents of notice
Status: in_force

Sec. 7. Contents of Notice. The notice shall advise the public of the name of the applicant, the type of permit applied for, the location of the premises as set forth in the application, and the time and place when and where the application will come up for investigation before the local board. The notice also shall advise that the local board will, at the time and place designated, investigate the application and receive information concerning the fitness of the applicant, and the propriety of issuing the permit applied for, at the named premises, to the applicant.

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

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-3-29-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 29 / Section 7.1-3-29-4
No restriction on use of supplemental caterer's permit at stadium
Status: in_force

Sec. 4. This chapter does not restrict or limit the use of a supplemental caterer's permit at a stadium.

As added by P.L.285-2019, SEC.50.
Ind. Code § 7.1-2-5-4 — Indiana Code / Title 7.1 / Article 2 / Chapter 5 / Section 7.1-2-5-4
Disposition of articles pending judgment
Status: in_force

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.
Ind. Code § 7.1-2-2-5 — Indiana Code / Title 7.1 / Article 2 / Chapter 2 / Section 7.1-2-2-5
Prosecutor; powers and duties
Status: in_force

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.
Ind. Code § 7.1-3-1-15 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-15
Service while standing
Status: in_force

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.
Ind. Code § 7.1-3-1-13.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-13.5
Payments
Status: in_force

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 37-2-4-5.

(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. Amended by P.L.115-2026, SEC.13.
Ind. Code § 7.1-2-3-34 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-34
Expired
Status: repealed

As added by P.L.186-2011, SEC.1. Expired 7-1-2012 by P.L.186-2011, SEC.1.
Ind. Code § 7.1-4-4.1-8 — Indiana Code / Title 7.1 / Article 4 / Chapter 4.1 / Section 7.1-4-4.1-8
Carrier's alcoholic permit fee
Status: in_force

Sec. 8. The annual license fee for a carrier's alcoholic permit is five dollars ($5).

As added by P.L.204-2001, SEC.43.
Ind. Code § 7.1-1-3-31 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-31
"Person"
Status: in_force

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.
Ind. Code § 7.1-2-6-13 — Indiana Code / Title 7.1 / Article 2 / Chapter 6 / Section 7.1-2-6-13
Action by commission; representation
Status: in_force

Sec. 13. An action authorized by section 12 of this chapter 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. As amended by P.L.86-2018, SEC.100.
Ind. Code § 7.1-2-4-3 — Indiana Code / Title 7.1 / Article 2 / Chapter 4 / Section 7.1-2-4-3
Qualifications of designated members
Status: in_force

Sec. 3. (a) The designated member of a local board shall meet the following requirements:

(1) The person must be an Indiana resident.

(2) The person must be familiar with Indiana alcoholic beverage law.

(3) The person may not have a conviction within ten (10) years before the date of appointment of:

(A) a federal crime having a sentence of at least one (1) year;

(B) 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

(C) 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).

However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.

(b) 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. As amended by P.L.285-2019, SEC.9.
Ind. Code § 7.1-7-3-3 — Indiana Code / Title 7.1 / Article 7 / Chapter 3 / Section 7.1-7-3-3
Repealed
Status: repealed

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.22.
Ind. Code § 7.1-3-27-8.1 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-8.1
Delivery of alcoholic beverages to consumer in parking lot
Status: in_force

Sec. 8.1. (a) This section applies to an artisan distillery that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the artisan distillery as provided under section 8(a)(6) of this chapter.

(b) Liquor must be:

(1) in the sealed original containers; and

(2) placed by an employee of the permittee who is at least twenty-one (21) years of age:

(A) in the trunk of the motor vehicle; or

(B) behind the last upright seat of the motor vehicle, if the motor vehicle is not equipped with a trunk.

(c) The employee of the permittee that conveys the alcoholic beverages to the customer must require the customer to provide proof of age in accordance with IC 7.1-5-10-23.

(d) The parking lot or area where the alcoholic beverages are conveyed to the customer must be:

(1) well lit; and

(2) within clear view of the main entrance to the building of the artisan distillery premises.

As added by P.L.194-2021, SEC.60.
Ind. Code § 7.1-7-1-2 — Indiana Code / Title 7.1 / Article 7 / Chapter 1 / Section 7.1-7-1-2
Purpose
Status: in_force

Sec. 2. The purpose of this article is to protect public health and safety by:

(1) ensuring the safety and security of e-liquid and e-liquid products manufactured for sale in Indiana;

(2) ensuring that e-liquid and e-liquid products manufactured or sold in Indiana conform to appropriate standards of identity, strength, quality, and purity;

(3) ensuring that e-liquid and e-liquid products are not contaminated or adulterated by the inclusion of ingredients or other substances that might pose unreasonable threats to public health and safety; and

(4) ensuring dangerous foreign adversary products are not sold or distributed in Indiana.

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.3; P.L.148-2026, SEC.8.
Ind. Code § 7.1-5-10-15.5 — Indiana Code / Title 7.1 / Article 5 / Chapter 10 / Section 7.1-5-10-15.5
Person furnishing alcoholic beverage; civil liability for damages; "furnish" defined
Status: in_force

Sec. 15.5. (a) As used in this section, "furnish" includes barter, deliver, sell, exchange, provide, or give away.

(b) A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless:

(1) the person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and

(2) the intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.

(c) If a person who is at least twenty-one (21) years of age suffers injury or death proximately caused by the person's voluntary intoxication, the:

(1) person;

(2) person's dependents;

(3) person's personal representative; or

(4) person's heirs;

may not assert a claim for damages for personal injury or death against a person who furnished an alcoholic beverage that contributed to the person's intoxication, unless subsections (b)(1) and (b)(2) apply.

As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.
Ind. Code § 7.1-3-20-9 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-9
Restaurants; general requirements
Status: in_force

Sec. 9. Restaurants: General Requirements. In order to be considered a "restaurant" within the meaning of this title and to be eligible to receive an appropriate restaurant permit under this title, an establishment shall meet the following requirements:

(a) It shall be provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers; and,

(b) It shall have accommodations at which at least twenty-five (25) persons may be served at one (1) time.

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

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-2-1-12 — Indiana Code / Title 7.1 / Article 2 / Chapter 1 / Section 7.1-2-1-12
Restriction on solicitation or acceptance of political contributions
Status: in_force

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.
Ind. Code § 7.1-1-3-20.5 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-20.5
"Limited liability company"
Status: in_force

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.
Ind. Code § 7.1-4-2-7 — Indiana Code / Title 7.1 / Article 4 / Chapter 2 / Section 7.1-4-2-7
Copy of invoice
Status: in_force

Sec. 7. A brewer or beer wholesaler in this state shall make a copy of each invoice when delivering beer to a person, showing the date of delivery, the amount and value of the shipment and the name of the purchaser. The brewer or wholesaler shall give one (1) copy of the invoice to the purchaser, and retain one (1) copy for the use and inspection of the commission and the department, for a period of two (2) years. A beer wholesaler shall also keep and retain for a period of two (2) years, a copy of all invoices for beer purchased or received by them.

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

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.9. As amended by P.L.128-2026, SEC.82.
Ind. Code § 7.1-5-11-4 — Indiana Code / Title 7.1 / Article 5 / Chapter 11 / Section 7.1-5-11-4
Deliveries limited
Status: in_force

Sec. 4. (a) It is unlawful for an officer, agent, or employee of a railroad company, express company, or other common carrier to recklessly deliver:

(1) an alcoholic beverage to a person other than the person to whom it is consigned;

(2) it without a written order by the consignee; or

(3) it to a person when the alcoholic beverage has been consigned to a fictitious person or a person under a fictitious name.

(b) A person who violates this section commits a Class B misdemeanor.

[Pre-1973 Recodification Citation: 7-1-1-32(9).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.724; P.L.159-2014, SEC.90.
Ind. Code § 7.1-3-1.5-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.5 / Section 7.1-3-1.5-8
Trainer certificate expiration and renewal
Status: in_force

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.
Ind. Code § 7.1-3-23-20 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-20
Revocation for false information of interested parties
Status: in_force

Sec. 20. The commission shall deny the application, or revoke the permit, of a person who:

(1) includes on the list of interested parties required to be filed by IC 7.1-3-21-8, a:

(A) fictitious name; or

(B) a person disqualified under this title from having an interest in an alcoholic beverage permit; or

(2) omits from the list the name of a person whose name should be on it.

The commission shall take the same action if the applicant or permittee fails to keep the list current as required by that section.

[Pre-1973 Recodification Citation: 7-2-1-13.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.40.
Ind. Code § 7.1-4-4.1-4 — Indiana Code / Title 7.1 / Article 4 / Chapter 4.1 / Section 7.1-4-4.1-4
Salesman's license fee
Status: in_force

Sec. 4. A biennial license fee of twenty dollars ($20) is imposed for a salesman's license. The term of a biennial salesman's license is two (2) years.

As added by P.L.204-2001, SEC.43.
Ind. Code § 7.1-1-3-24 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-24
"Member of a club"
Status: in_force

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

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.88.
Ind. Code § 7.1-3-18.5-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 18.5 / Section 7.1-3-18.5-4
Adoption of rules
Status: in_force

Sec. 4. The commission may adopt rules under IC 4-22-2 to establish procedures for the issuance, renewal, and reinstatement of a certificate.

As added by P.L.250-2003, SEC.11.
Ind. Code § 7.1-3-18.5-1 — Indiana Code / Title 7.1 / Article 3 / Chapter 18.5 / Section 7.1-3-18.5-1
Tobacco sales certificate required
Status: in_force

Sec. 1. (a) A person may not sell or otherwise distribute in exchange for consideration a tobacco product or electronic cigarette at retail or wholesale without a valid tobacco sales certificate issued by the commission.

(b) A certificate may be issued only to a person who owns or operates at least one (1) of the following:

(1) A premises consisting of a permanent building or structure where the tobacco product or electronic cigarette is sold or distributed.

(2) A premises upon which a cigarette vending machine is located.

(c) For purposes of subsection (b)(1), a permitted premises may not include sleeping or living quarters.

As added by P.L.250-2003, SEC.11. Amended by P.L.231-2015, SEC.1; P.L.86-2018, SEC.113; P.L.32-2019, SEC.11; P.L.148-2026, SEC.1.
Ind. Code § 7.1-5-5-13 — Indiana Code / Title 7.1 / Article 5 / Chapter 5 / Section 7.1-5-5-13
Free or discounted rides provided to consumers
Status: in_force

Sec. 13. (a) Notwithstanding any other provision of this title, manufacturers, wholesalers, and retailer permittees may provide directly to consumers free or discounted rides through:

(1) taxicabs;

(2) transportation network companies (as defined in IC 8-2.1-17-18); or

(3) other ride services;

for the purpose of furthering public safety.

(b) Free or discounted rides may be provided to consumers by vouchers, codes, or any other method to deliver the free or discounted ride. A free or discounted ride, or the provision of a voucher, code, or other method of delivery, may not be conditioned upon the purchase of an alcoholic beverage.

As added by P.L.285-2019, SEC.58.
Ind. Code § 7.1-3-26-12 — Indiana Code / Title 7.1 / Article 3 / Chapter 26 / Section 7.1-3-26-12
Annual limit on seller's direct wine sales in Indiana
Status: in_force

Sec. 12. During a permit year, a direct wine seller may not direct ship in or into Indiana more than forty-five thousand (45,000) liters of wine.

As added by P.L.165-2006, SEC.34. Amended by P.L.107-2015, SEC.11.
Ind. Code § 7.1-3-13-6 — Indiana Code / Title 7.1 / Article 3 / Chapter 13 / Section 7.1-3-13-6
Scope of permit
Status: in_force

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.
Ind. Code § 7.1-3-12-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 12 / Section 7.1-3-12-2
Scope of permit
Status: in_force

Sec. 2. The holder of a vintner's permit is entitled to manufacture wine and to bottle it or place it in other containers, including boxes that contain a bag designed to store and dispense wine, and bulk containers. A vintner 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 the vintner 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 the vintner's winery.

[Pre-1973 Recodification Citation: 7-1-1-22.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1. As amended by P.L.285-2019, SEC.28.
Ind. Code § 7.1-5-12-8 — Indiana Code / Title 7.1 / Article 5 / Chapter 12 / Section 7.1-5-12-8
Smoking in a prohibited area; penalty
Status: in_force

Sec. 8. (a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b).

(b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class A infraction if the person has been adjudged to have committed at least three (3) prior unrelated infractions under:

(1) this section; or

(2) IC 16-41-37-4 (before its repeal).

As added by P.L.141-2012, SEC.2.
Ind. Code § 7.1-1-3-13 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-13
"Container"
Status: in_force

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.
Ind. Code § 7.1-4-4.5-1 — Indiana Code / Title 7.1 / Article 4 / Chapter 4.5 / Section 7.1-4-4.5-1
Rate of tax
Status: in_force

Sec. 1. An excise tax, known as the hard cider excise tax, is imposed at the rate of eleven and one-half cents ($0.115) a gallon upon the manufacture and sale or gift, or withdrawal for sale or gift, of hard cider within Indiana.

As added by P.L.119-1998, SEC.24. Amended by P.L.128-2026, SEC.90.
Ind. Code § 7.1-3-12-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 12 / Section 7.1-3-12-3
Farm winery permit
Status: in_force

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.

[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; P.L.194-2021, SEC.41.
Ind. Code § 7.1-3-23-36 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-36
Initiation of appeal
Status: in_force

Sec. 36. Initiation of Appeal. The appeal shall be taken by the applicant, or permittee, by filing written notice of his intention to appeal from the final order of the commission to the appropriate court, and by filing a bond with the commission in the penal sum of one thousand dollars ($1,000), conditioned that he will prosecute his appeal to effect, and will pay the costs of the proceedings upon appeal, and that he will pay all necessary expenses incurred by the commission as a result of the appeal if the order of the commission is affirmed.

[Pre-1973 Recodification Citation: 7-1-1-43.]

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-3-26-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 26 / Section 7.1-3-26-5
Direct wine seller requirements
Status: in_force

Sec. 5. (a) A person located within Indiana or outside Indiana that wants to sell and ship wine directly to a consumer must be the holder of a direct wine seller's permit and comply with this chapter. A person that sells and ships wine directly to a consumer without holding a valid direct wine seller's permit commits a Class A infraction.

(b) The offense described in subsection (a) is:

(1) a Class A misdemeanor if the seller:

(A) knowingly or intentionally violates this section; and

(B) has one (1) prior unrelated conviction or judgment for an infraction under this chapter for an act or omission that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction; and

(2) a Level 6 felony if the seller:

(A) knowingly or intentionally violates this section; and

(B) has at least two (2) prior unrelated convictions or judgments for infractions under this chapter for acts or omissions that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction.

As added by P.L.165-2006, SEC.34. Amended by P.L.159-2014, SEC.4.
Ind. Code § 7.1-3-10-1 — Indiana Code / Title 7.1 / Article 3 / Chapter 10 / Section 7.1-3-10-1
Application
Status: in_force

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.
Ind. Code § 7.1-4-3-1 — Indiana Code / Title 7.1 / Article 4 / Chapter 3 / Section 7.1-4-3-1
Rate of tax
Status: in_force

Sec. 1. An excise tax, known as the liquor excise tax, is imposed at the rate of two dollars and sixty-eight cents ($2.68) a gallon upon the sale, gift, or the withdrawal for sale or gift, of liquor and wine that contains twenty-one percent (21%), or more, of absolute alcohol reckoned by volume.

[Pre-1973 Recodification Citations: 7-1-1-41(b); 7-2-1-17(b); 7-4-1-1.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.11. As amended by Acts 1977(ss), P.L.9, SEC.5; Acts 1981, P.L.103, SEC.2; P.L.128-2026, SEC.84.
Ind. Code § 7.1-2-3-32 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-32
Group purchasing agreements; rules
Status: in_force

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.
Ind. Code § 7.1-5-6-4 — Indiana Code / Title 7.1 / Article 5 / Chapter 6 / Section 7.1-5-6-4
Falsification of record prohibited
Status: in_force

Sec. 4. (a) It is unlawful for a person to falsify, or cause to be falsified, an entry, statement, account, recital, or computation, or an application for a permit, or an instrument, or paper required to be filed in connection with the application, or in connection with the revocation, or proposed revocation, or a permit.

(b) It is unlawful for a person to enter, or cause to be entered, a false entry, statement, account, recital, computation, or representation of a fact in a book, document, account, order, paper, or statement required to be kept or filed, or made or furnished to the commission under the provisions of this title or a rule or regulation of the commission.

(c) A person who knowingly or intentionally violates this section commits a Level 6 felony.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.45.
Ind. Code § 7.1-3-31-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 31 / Section 7.1-3-31-8
Ordinance; minimum requirements
Status: in_force

Sec. 8. (a) To designate one (1) or more refreshment areas, the municipal legislative body must adopt an ordinance that includes at least the following:

(1) A map of the refreshment area in sufficient detail to identify the refreshment area's boundaries.

(2) The boundaries of the refreshment area, by street addresses.

(3) The locations of the proposed designated permittees and vendors within the refreshment area.

(4) A statement that the refreshment area is consistent with the municipality's zoning ordinance.

(5) The number, spacing, and type of signage designating the refreshment area.

(6) The dates and the hours of operation for the refreshment area, which may not violate IC 7.1-3-1-14.

(b) The ordinance may include any other provisions regarding the operation of the refreshment area, including:

(1) the posting of signs by retailer permittees and other businesses within the refreshment area that indicate whether the retailer permittee or business is participating in the refreshment area and whether an individual may enter with an open container;

(2) requiring designated permittees and vendors to use only nonbreakable plastic bottles, plastic cups, or paper cups for alcoholic beverages consumed in the refreshment area;

(3) requiring bottles or cups to be affixed with a logo that identifies the container for use only in the refreshment area;

(4) providing a public safety plan for the refreshment area; or

(5) providing a sanitation plan for the refreshment area.

As added by P.L.167-2023, SEC.4.
Ind. Code § 7.1-7-4-5 — Indiana Code / Title 7.1 / Article 7 / Chapter 4 / Section 7.1-7-4-5
Notice to commission of changes; penalty
Status: in_force

Sec. 5. If the information required for the initial or renewal permit changes, the permit holder shall notify the commission within ten (10) business days of the change. If any change in the information required for an application results in a violation of this article, the commission may impose a penalty as provided in this article.

As added by P.L.176-2015, SEC.9.
Ind. Code § 7.1-3-20-11.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-11.5
Restaurants; small city provision
Status: in_force

Sec. 11.5. (a) The commission may issue a three-way permit for the sale of alcoholic beverages, for on-the-licensed-premises consumption only, to the proprietor of a restaurant which is located in a city or town that has a population of less than twenty-five thousand (25,000), if the applicant meets the following requirements:

(1) The establishment is the holder of a one-way or a two-way permit.

(2) The establishment is qualified to hold a three-way permit but for the provisions of IC 7.1-3-22-3.

(b) A permit that is issued under this section may be transferred.

(c) The annual license fee for a three-way retailer's permit issued under this section is the same as the fee for a three-way retailer's permit issued under other provisions of this chapter. A person who holds a three-way retailer's permit under this section is not required to pay an annual license fee for any one-way or two-way retailer's permit that the person must hold to maintain eligibility for a three-way retailer's permit under this section.

As added by Acts 1976, P.L.24, SEC.1. Amended by Acts 1981, P.L.44, SEC.3; P.L.91-1993, SEC.1; P.L.204-2001, SEC.34; P.L.229-2011, SEC.99.
Ind. Code § 7.1-3-25.5-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 25.5 / Section 7.1-3-25.5-3
When prior written notice not required before amendment or termination of distribution agreement with wholesaler
Status: in_force

Sec. 3. (a) For purposes of this section, "good cause" means any of the following:

(1) A revocation or suspension of a beer wholesaler's:

(A) federal basic permit; or

(B) permit issued under this title;

for more than fourteen (14) days.

(2) The assignment or attempted assignment by a beer wholesaler for the benefit of creditors.

(3) Any:

(A) attempted transfer of:

(i) business assets;

(ii) voting stock; or

(iii) voting stock of any parent corporation;

of the wholesaler; or

(B) change in the beneficial ownership or control of any wholesaler entity;

without obtaining the prior approval of the primary source of supply.

(4) The institution of bankruptcy proceedings by or against a beer wholesaler.

(5) The dissolution or liquidation of a beer wholesaler.

(6) The insolvency of a beer wholesaler.

(7) Fraudulent conduct by a beer wholesaler in any dealings with a primary source of supply or the primary source of supply's products, including an intentional sale of beer that an owner or senior manager of the wholesaler knows or should know is outside the primary source of supply's established standards.

(b) A primary source of supply may cancel, terminate, or refuse to renew a distribution agreement with a beer wholesaler without providing prior notice of the cancellation, termination, or refusal, if the primary source of supply:

(1) acts:

(A) with good cause;

(B) in good faith; and

(C) with due regard of the equities of the beer wholesaler; and

(2) provides the beer wholesaler with written notice in accordance with section 5 of this chapter, not later than five (5) days after the date of the cancellation of, termination of, or refusal to renew the distribution agreement.

As added by P.L.139-2021, SEC.2.
Ind. Code § 7.1-3-5-3.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 5 / Section 7.1-3-5-3.5
Furnishing beer to qualified organization
Status: in_force

Sec. 3.5. A beer dealer may sell, donate, transport, and deliver beer to a qualified organization for:

(1) an allowable event under IC 7.1-3-6.1;

(2) a charity auction under IC 7.1-3-6.2; or

(3) an event under IC 7.1-3-6.3.

As added by P.L.163-2025, SEC.16.
Ind. Code § 7.1-4-4.1-17 — Indiana Code / Title 7.1 / Article 4 / Chapter 4.1 / Section 7.1-4-4.1-17
Farm winery brandy distiller's permit fee
Status: in_force

Sec. 17. The annual license fee for a farm winery brandy distiller's permit is two hundred fifty dollars ($250).

As added by P.L.204-2001, SEC.43.
Ind. Code § 7.1-3-10-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 10 / Section 7.1-3-10-3
Drug store outside corporate limits
Status: in_force

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.
Ind. Code § 7.1-7-2-16 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-16
"Manufacturing"
Status: in_force

Sec. 16. "Manufacturing" means the process by which an:

(1) e-liquid is mixed, bottled, and packaged; and

(2) e-liquid product is produced and packaged.

As added by P.L.176-2015, SEC.9. Amended by P.L.206-2017, SEC.15; P.L.148-2026, SEC.18.
Ind. Code § 7.1-1-3-14 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-14
"Denatured alcohol"
Status: in_force

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.
Ind. Code § 7.1-3-6.5-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 6.5 / Section 7.1-3-6.5-2
"Person" defined
Status: in_force

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.
Ind. Code § 7.1-4-4.5-4 — Indiana Code / Title 7.1 / Article 4 / Chapter 4.5 / Section 7.1-4-4.5-4
Gauging alcoholic beverages
Status: in_force

Sec. 4. The commission and the department may adopt rules and maintain gauges in a winery, farm winery, or a wholesaler's premises for the proper gauging of the alcoholic beverages to which the hard cider excise tax is applicable and the assessment of that tax.

As added by P.L.119-1998, SEC.24. Amended by P.L.201-1999, SEC.12.
Ind. Code § 7.1-2-4-5 — Indiana Code / Title 7.1 / Article 2 / Chapter 4 / Section 7.1-2-4-5
Composition
Status: in_force

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.
Ind. Code § 7.1-4-7-6 — Indiana Code / Title 7.1 / Article 4 / Chapter 7 / Section 7.1-4-7-6
Distribution of excise revenue to general fund
Status: in_force

Sec. 6. The treasurer of state shall set aside for general fund purposes, fifty percent (50%) of the gross amount of the revenue deposited in the general fund in accordance with the provisions of section 5 of this chapter.

[Pre-1973 Recodification Citations: 7-1-1-41(f); 7-4-2-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.132.
Ind. Code § 7.1-3-27-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-5
Eligibility requirements
Status: in_force

Sec. 5. (a) Except as provided in section 7 of this chapter, an applicant for an artisan distiller's permit must meet all the following requirements to be eligible for an artisan distiller's permit:

(1) The permit applicant must hold one (1) of the following permits for the six (6) months immediately preceding the date of the application:

(A) A farm winery permit under IC 7.1-3-12.

(B) A brewer's permit issued under IC 7.1-3-2-2(b).

(C) A distiller's permit under IC 7.1-3-7.

(2) The permit applicant may not have more than one (1) violation of this title during the eighteen (18) months immediately preceding the date of the application.

(3) The permit applicant may not have any violation of this title during the twelve (12) month period immediately preceding the date of the permit application.

(b) As used in this subsection, "qualifying permit" means a farm winery, brewer's, or distiller's permit under subsection (a)(1)(A), (a)(1)(B), or (a)(1)(C) that is required in order to hold an artisan distiller's permit. The same persons must directly or indirectly own and control more than fifty percent (50%) of the entity that holds the qualifying permit and the artisan distiller's permit.

As added by P.L.109-2013, SEC.6. Amended by P.L.79-2015, SEC.5; P.L.144-2015, SEC.4; P.L.270-2017, SEC.15; P.L.121-2022, SEC.2.
Ind. Code § 7.1-3-29-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 29 / Section 7.1-3-29-2
Storage of alcoholic beverages for use by supplemental caterer
Status: in_force

Sec. 2. (a) A stadium may:

(1) submit a floor plan of proposed storage locations to the commission for approval; and

(2) indicate the primary concessionaire operating at the stadium;

if a stadium intends to allow alcoholic beverages to be stored at the stadium for use by a supplemental caterer operating at the stadium.

(b) The stadium may change the primary concessionaire operating at the stadium with notification to the commission.

As added by P.L.285-2019, SEC.50.
Ind. Code § 7.1-5-11-8 — Indiana Code / Title 7.1 / Article 5 / Chapter 11 / Section 7.1-5-11-8
Delivery to non-consignee prohibited
Status: in_force

Sec. 8. (a) It is unlawful for a person to present or tender for transportation to a carrier or a person acting or assuming to act for a carrier an alcoholic beverage:

(1) for delivery to a person other than the consignee designated by the person offering the alcoholic beverage for shipment; or

(2) for the purpose of effecting a delivery of the alcoholic beverage to a person not permitted to receive it as consignee:

(A) under the provisions of this title;

(B) under the provisions of a rule of the commission; or

(C) because the person is not the bona fide consignee of the shipment.

(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.94.
Ind. Code § 7.1-3-27-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-8
Scope of permit
Status: in_force

Sec. 8. (a) The holder of an artisan distiller's permit may do only the following:

(1) Manufacture liquor, including blending liquor purchased from another manufacturer with liquor the artisan distiller manufactures under section 11 of this chapter.

(2) Bottle liquor manufactured by the artisan distiller.

(3) Insert liquor manufactured by the artisan distiller into a container.

(4) Store liquor manufactured by the artisan distiller, including at a facility located within ten (10) miles of the artisan distiller's distillery.

(5) Transport, sell, and deliver liquor manufactured by the artisan distiller to:

(A) places outside Indiana; or

(B) the holder of a liquor wholesaler's permit under IC 7.1-3-8.

(6) Sell liquor manufactured by the artisan distiller to consumers by the drink, bottle, container, or case from the licensed premises of the distillery where the liquor was manufactured. Notwithstanding IC 7.1-1-3-20, the licensed premises may include the distillery parking lot or an area adjacent to the artisan distillery. The parking lot or adjacent area may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 8.1 of this chapter and may not be used for point of sale purposes or any other purpose.

(7) Serve complimentary samples of the liquor manufactured by the artisan distiller to consumers on the premises of the distillery where the liquor was manufactured.

(8) Sell liquor as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than four and five-tenths (4.5) liters.

(9) With the approval of the commission, participate:

(A) individually; or

(B) with other permit holders under this chapter, holders of farm winery permits, holders of brewer's permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this clause;

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 subdivision to participate in a trade show or exposition for more than seventy-five (75) days in a calendar year.

(10) Be the proprietor of a restaurant that is not subject to the minimum gross food sales or the minimum projected food sales set forth in 905 IAC 1-41-2 and the gross retail income requirements to sell carryout under IC 7.1-3-20-9.5. A holder is entitled to conduct the following activities:

(A) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant.

(B) Transfer liquor directly from the artisan distillery to a restaurant that the artisan distiller has an interest in by means of:

(i) bottles;

(ii) bulk containers; or

(iii) a continuous flow system.

(C) Install a window between the artisan distillery and an adjacent restaurant that allows the public and the holder of the permit to view both premises.

(D) Install a doorway or other opening between the artisan distillery and an adjacent restaurant that provides the public and the holder of the permit with access to both the artisan distillery and restaurant.

(11) A holder that does not distribute through an Indiana liquor wholesaler is entitled under the artisan distiller's permit to sell and deliver to a person holding a liquor retailer or liquor dealer permit under this title a total of not more than two thousand (2,000) gallons of the artisan distillery's liquor in a calendar year, if the artisan distiller has not sold in Indiana more than ten thousand (10,000) gallons the previous calendar year. A holder that sells and delivers under this subdivision shall comply with all provisions applicable to a wholesaler in 905 IAC 1-5.1, 905 IAC 1-5.2, 905 IAC 1-21, 905 IAC 1-31, and 905 IAC 1-32.1.

(12) Sell, donate, transport, and deliver liquor manufactured by the artisan distiller to a qualified organization for:

(A) an allowable event under IC 7.1-3-6.1;

(B) a charity auction under IC 7.1-3-6.2; or

(C) an event under IC 7.1-3-6.3.

(13) With the approval of the commission under subdivision (9), the holder of a permit may participate in a farmers' market at which products of the permit holder are displayed, promoted, and sold. The holder of a permit:

(A) may not offer samples of liquor for consumption on the premises; and

(B) may sell its liquor in qualified containers for consumption off the premises.

(14) Manufacture liquor at the licensed premises for another holder of an artisan distiller's permit. Upon completion of the manufacturing of the liquor for another permit holder under this subdivision, the product must be transported to the permit holder for which the liquor was manufactured. To qualify under this subdivision:

(A) the permit holder for which the liquor is manufactured must have manufactured not less than forty (40) gallons of liquor produced from raw materials at the permit holder's licensed premises in the previous calendar year; and

(B) the total number of gallons of liquor that a permit holder manufactures under this subdivision may not exceed the number of gallons of liquor the permit holder produced from raw materials at the permit holder's licensed premises in the same calendar year.

All records required by the federal Alcohol and Tobacco Tax and Trade Bureau regarding the number of gallons of liquor produced from raw materials at the licensed premises of a permit holder must be available to the commission upon request. The activity under this subdivision is not an interest under IC 7.1-5-9.

(15) Upon proper notice to the commission under IC 7.1-3-21-14.5(d)(1), participate in an event sponsored by a local board on the grounds of a county fair under IC 7.1-3-21-14.5(b).

(b) The holder of an artisan distiller's permit who provides samples or sells liquor by the glass must furnish the minimum food requirements prescribed by the commission.

(c) A storage facility used by an artisan distiller under subsection (a)(4) must conform with federal laws, rules, and regulations. An artisan distiller may transfer liquor from a separate storage facility back to the artisan distillery. An artisan distiller may sell or transfer liquor directly to a liquor wholesaler from a storage facility that is separate from the artisan distillery. An artisan distiller may not sell or transfer liquor from a storage facility to any other permittee or a consumer. The artisan distiller shall maintain an adequate written record of the liquor transferred:

(1) between the artisan distillery and the storage facility; and

(2) from the storage facility to the liquor wholesaler.

(d) The holder of an artisan distiller's permit may transport liquor to and from a brewery located within the same county for the purposes of carbonating and canning by the brewery. The activity under this subsection is not an interest under IC 7.1-5-9.

(e) An artisan distiller who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.10; P.L.214-2016, SEC.28; P.L.270-2017, SEC.16; P.L.279-2019, SEC.8; P.L.285-2019, SEC.48; P.L.194-2021, SEC.59; P.L.152-2025, SEC.23; P.L.163-2025, SEC.43; P.L.164-2025, SEC.13; P.L.186-2025, SEC.285; P.L.6-2026, SEC.7.
Ind. Code § 7.1-4-2-6 — Indiana Code / Title 7.1 / Article 4 / Chapter 2 / Section 7.1-4-2-6
Repealed
Status: repealed

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

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.
Ind. Code § 7.1-3-14-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 14 / Section 7.1-3-14-4
Scope of permit
Status: in_force

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 wine 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 wine in permissible containers to the customer on the licensed premises or to the customer's house. Except as provided in section 8 of this chapter, 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. Subject to subsection (g), a wine retailer also may prepare and package wine in qualified containers for sale and delivery to a customer on the licensed premises for consumption off the licensed premises.

(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. A wine retailer that delivers wine to a customer's residence must require the customer to provide proof of age in accordance with IC 7.1-5-10-23.

(d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the wine retailer may include the wine retailer parking lot or an area adjacent to the wine retailer that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer, and may not be used for point of sale purposes or any other purpose. Any alcoholic beverages conveyed to the customer must satisfy the following:

(1) Alcoholic beverages that are in the sealed original containers must be placed in a bag that is stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES".

(2) Alcoholic beverages that are prepared by the wine retailer must be packaged by the wine retailer in qualified containers that are:

(A) stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES"; or

(B) placed in a bag stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES".

(3) Placed by an employee of the permittee who is at least twenty-one (21) years of age:

(A) in the trunk of the motor vehicle; or

(B) behind the last upright seat of the motor vehicle, if the motor vehicle is not equipped with a trunk.

A retailer permittee may only convey a customer's order of alcoholic beverages to the customer, if the customer has also purchased a meal from the retailer permittee that is conveyed to the customer at the same time as the alcoholic beverages.

(e) The employee of the permittee that conveys the alcoholic beverages to the customer must require the customer to provide proof of age in accordance with IC 7.1-5-10-23.

(f) The parking lot or area where the alcoholic beverages are conveyed to the customer must be:

(1) well lit; and

(2) within clear view of the main entrance to the building of the retailer premises.

(g) If a wine retailer prepares and packages wine:

(1) for sale and delivery to a customer on the licensed premises for consumption off the licensed premises; and

(2) in a container that is not in a qualified container;

the commission may revoke the wine retailer's privilege under this section of preparing and packaging wine for sale and delivery to a customer in a qualified container.

(h) Upon proper notice to the commission under IC 7.1-3-21-14.5(d)(1), a wine retailer may participate in an event sponsored by a local board on the grounds of a county fair under IC 7.1-3-21-14.5(b).

As added by P.L.112-1987, SEC.8. Amended by P.L.194-2021, SEC.44; P.L.167-2024, SEC.7; P.L.6-2026, SEC.5; P.L.153-2026, SEC.25.
Ind. Code § 7.1-5-5-7 — Indiana Code / Title 7.1 / Article 5 / Chapter 5 / Section 7.1-5-5-7
Discrimination in sales prohibited; exception; special discounts for certain products
Status: in_force

Sec. 7. (a) It is unlawful for a permittee in a sale or contract to sell alcoholic beverages to discriminate between purchasers by granting a price, discount, allowance, or service charge which is not available to all purchasers at the same time. However, this section does not authorize or require a permittee to sell to a person to whom the permittee is not authorized to sell under this title.

(b) A premises that operates at least two (2) restaurants that are separate and distinct from each other on the same premises may provide for a different schedule of prices in each restaurant if each restaurant conforms to all other laws and rules of the commission regarding pricing and price discrimination in its separate and distinct areas.

(c) This section does not apply to the holder of a gaming site permit that complies with IC 7.1-3-17.5-6.

(d) Notwithstanding subsection (a), a beer wholesaler may offer a special discount price to a beer dealer or beer retailer for beer or flavored malt beverage, if the beer or flavored malt beverage:

(1) is a brand or package the beer wholesaler has discontinued; or

(2) will expire in not more than:

(A) twenty (20) days for packaged beer or packaged flavored malt beverage; and

(B) ten (10) days for draft beer or draft flavored malt beverage.

(e) The special discount under subsection (d) only applies to beer or flavored malt beverage that will expire and be subject to removal from retailer or dealer shelves in accordance with the primary source of supply's coding data clearly identified on the container.

(f) Any beer or flavored malt beverage sold at a special discount price under subsection (d) shall be accompanied by an invoice clearly designating, in addition to all other information required by law, all the following information:

(1) The date of delivery.

(2) The expiration date of each brand, package type, and quantity delivered.

(3) The per unit price for each package.

(g) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.51; P.L.250-2003, SEC.16; P.L.224-2005, SEC.30; P.L.233-2007, SEC.32; P.L.159-2014, SEC.37.
Ind. Code § 7.1-3-20-28 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-28
Repealed
Status: repealed

As added by P.L.285-2019, SEC.38. Repealed by P.L.145-2024, SEC.11.
Ind. Code § 7.1-3-27-12 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-12
Holder of artisan distiller permit and farm winery permit
Status: in_force

Sec. 12. (a) This section applies only to a person who:

(1) holds an artisan distiller's permit; and

(2) holds an interest in a farm winery permit under IC 7.1-3-12.

(b) An artisan distiller may:

(1) serve samples of liquor that the artisan distiller manufactures; and

(2) sell bottles and cases of liquor that the artisan distiller manufactures;

on the licensed premises where the wine is manufactured only if the wine is manufactured on the same premises where the artisan distiller manufactures liquor.

(c) A person to whom this section applies who knowingly or intentionally violates this section commits a Class B misdemeanor.

As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.14.
Ind. Code § 7.1-1-3-26.2 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-26.2
"Mixed beverage"
Status: in_force

Sec. 26.2. "Mixed beverage" means a prepared cordial, cocktail, or highball that is in a can or container that holds not more than twenty-four (24) ounces of the beverage and is a mixture of:

(1) whiskey, neutral spirits, brandy, gin, or another distilled spirit; and

(2) carbonated or plain water, pure juice from a flower or plant, or other flavoring materials;

that is suitable for immediate consumption and contains not less than five-tenths percent (0.5%) of alcohol by volume and not more than fifteen percent (15%) of alcohol by volume.

As added by P.L.41-2024, SEC.1.
Ind. Code § 7.1-1-3-44 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-44
Repealed
Status: repealed

[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. Repealed by P.L.32-2021, SEC.15.
Ind. Code § 7.1-3-26-1 — Indiana Code / Title 7.1 / Article 3 / Chapter 26 / Section 7.1-3-26-1
Applicability
Status: in_force

Sec. 1. This chapter does not apply to the serving or selling of:

(1) wine in accordance with IC 7.1-3-12; or

(2) brandy in accordance with IC 7.1-3-7.5.

As added by P.L.165-2006, SEC.34.
Ind. Code § 7.1-3-31-5 — Indiana Code / Title 7.1 / Article 3 / Chapter 31 / Section 7.1-3-31-5
"Vendor"
Status: in_force

Sec. 5. As used in this chapter, "vendor" means a person issued a temporary vendor designation under section 10 of this chapter and either:

(1) a temporary beer or wine permit; or

(2) a supplemental catering permit.

As added by P.L.167-2023, SEC.4.
Ind. Code § 7.1-5-9-1 — Indiana Code / Title 7.1 / Article 5 / Chapter 9 / Section 7.1-5-9-1
Commission; prohibited interest
Status: in_force

Sec. 1. (a) It is unlawful for a commissioner, an officer or employee of the commission, or a member of a local board, to have an interest, either proprietary or by means of a loan, mortgage, or lien, or in any other manner, or to own stock in a corporation which has an interest, in the premises where alcoholic beverages are manufactured or sold, or in a business wholly or partially devoted to the manufacture, sale, transportation, or storage of alcoholic beverages. The prohibition contained in this section shall not apply to an expert or professional employee employed by the commission only for a special undertaking. A person who violates a provision of this section also shall be dismissed as provided in this title.

(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.56.
Ind. Code § 7.1-3-29-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 29 / Section 7.1-3-29-3
Purchase, delivery, and storage of alcoholic beverages
Status: in_force

Sec. 3. A holder of a supplemental caterer's permit that operates at a stadium may purchase alcoholic beverages from a wholesaler or a brewery described in IC 7.1-3-2-7(5), and the wholesaler or brewery described in IC 7.1-3-2-7(5) may deliver the alcoholic beverages to the stadium to be stored in an area that has been approved by the commission. The alcoholic beverages may be stored temporarily or permanently to be served later by a holder of a supplemental caterer's permit.

As added by P.L.285-2019, SEC.50.
Ind. Code § 7.1-1-3-32 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-32
"Pint"
Status: in_force

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.
Ind. Code § 7.1-3-1.5-12 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.5 / Section 7.1-3-1.5-12
Violation; Class B infraction
Status: in_force

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.
Ind. Code § 7.1-3-20-22 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-22
Repealed
Status: repealed

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

Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.285-2019, SEC.37.
Ind. Code § 7.1-3-1-23.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-23.5
Wine appreciation course instructor exemption
Status: in_force

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.
Ind. Code § 7.1-5-11-1 — Indiana Code / Title 7.1 / Article 5 / Chapter 11 / Section 7.1-5-11-1
Importation limited
Status: in_force

Sec. 1. A person who knowingly or intentionally imports liquor into this state without specific authorization under this title commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.86.
Ind. Code § 7.1-1-3-18 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-18
"Gallon"
Status: in_force

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.
Ind. Code § 7.1-3-27-4 — Indiana Code / Title 7.1 / Article 3 / Chapter 27 / Section 7.1-3-27-4
Federal permit required
Status: in_force

Sec. 4. The commission may issue an artisan distiller's permit to a person if the person is qualified to obtain the necessary permit or license from the United States to own or operate an establishment to manufacture liquor.

As added by P.L.109-2013, SEC.6.
Ind. Code § 7.1-4-13-7 — Indiana Code / Title 7.1 / Article 4 / Chapter 13 / Section 7.1-4-13-7
Wine grape market development fund
Status: in_force

Sec. 7. (a) the wine grape market development fund is created.

(b) The wine grape market development fund may not be used for political or legislative activity of any kind.

(c) The fund shall be administered by the council and used for the purpose of this chapter. The expenses of administering the fund shall be paid from money in the fund.

(d) Money in the fund at the end of a fiscal year does not revert to the state general fund.

As added by P.L.102-1989, SEC.6.
Ind. Code § 7.1-2-8-2 — Indiana Code / Title 7.1 / Article 2 / Chapter 8 / Section 7.1-2-8-2
Jurisdiction restricted
Status: in_force

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.
Ind. Code § 7.1-5-3-2 — Indiana Code / Title 7.1 / Article 5 / Chapter 3 / Section 7.1-5-3-2
Sale from original container only
Status: in_force

Sec. 2. (a) Except as provided in section 6 of this chapter, it is unlawful for a person to sell, dispense, give away, furnish, or supply or serve to a person, an alcoholic beverage, from a container other than the original container in which the liquor was contained at the time it was purchased by the seller, dispenser, giver, or person serving it.

(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.29. As amended by P.L.159-2014, SEC.28.
Ind. Code § 7.1-4-9-7.5 — Indiana Code / Title 7.1 / Article 4 / Chapter 9 / Section 7.1-4-9-7.5
Deposit in enforcement and administration fund
Status: in_force

Sec. 7.5. Forty-five percent (45%) of the money in the excise fund shall be deposited in the enforcement and administration fund under IC 7.1-4-10 on the first day of June and the first day of December of each year.

As added by P.L.224-2005, SEC.28. Amended by P.L.165-2021, SEC.127.
Ind. Code § 7.1-4-2-2 — Indiana Code / Title 7.1 / Article 4 / Chapter 2 / Section 7.1-4-2-2
Persons liable for tax
Status: in_force

Sec. 2. (a) Except as provided in subsections (b) and (c), a brewer is liable for the beer excise tax on the sale or gift, or withdrawal for sale or gift, of beer or flavored malt beverage by the brewer to a person within Indiana.

(b) In the case of a beer wholesaler receiving beer or flavored malt beverage from a brewer located outside of Indiana, the beer wholesaler, not the brewer, is liable for the beer excise tax imposed upon the transaction.

(c) In the case of a wine wholesaler receiving, selling, or giving flavored malt beverage within Indiana, the wine wholesaler, not the brewer, is liable for the beer excise tax imposed upon the transaction.

[Pre-1973 Recodification Citations: 7-1-1-41(a); 7-4-1-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.5; P.L.72-1996, SEC.16.
Ind. Code § 7.1-3-17.5-2 — Indiana Code / Title 7.1 / Article 3 / Chapter 17.5 / Section 7.1-3-17.5-2
Quota provisions inapplicable
Status: in_force

Sec. 2. The commission shall issue a gaming site permit without regard to the quota provisions of IC 7.1-3-22.

As added by P.L.15-1994, SEC.4. Amended by P.L.233-2007, SEC.25.
Ind. Code § 7.1-3-9-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 9 / Section 7.1-3-9-3
Small city exception
Status: in_force

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.
Ind. Code § 7.1-3-23-26.1 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-26.1
Violations related to minors and alcohol server training; revocation or suspension of permit; fines; written findings and conclusions
Status: in_force

Sec. 26.1. (a) A retailer permittee or dealer permittee who violates IC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, or be fined and have the permittee's permit suspended, as determined by the commission; however, if the penalty imposed by the commission exceeds a fine and three (3) day suspension, the commission must issue written findings of fact and conclusions which show the necessity of the penalty. If the retailer or dealer permittee commits a subsequent violation of the provisions listed in this subsection within twelve (12) months of the first violation, the commission may fine the permittee, fine the permittee and suspend the permittee's permit, or revoke the permittee's permit; however, if the penalty exceeds a fine and suspension of more than fifteen (15) days, the commission must issue written findings of fact and conclusions which show the necessity of the penalty.

(b) The holder of an employee permit who violates IC 7.1-5-7-4 or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, be both fined and have the permittee's permit suspended, or have the permittee's permit revoked, as determined by the commission.

As added by P.L.100-1983, SEC.4. Amended by P.L.161-2005, SEC.2.
Ind. Code § 7.1-2-3-33 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-33
Investigations and penalties for violations relating to tobacco or electronic cigarettes
Status: in_force

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 35-46-1-11.4, 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; P.L.49-2020, SEC.2.
Ind. Code § 7.1-3-23-7 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-7
Suspension; general rule
Status: in_force

Sec. 7. (a) Except as provided in subsection (b) and section 7.5 of this chapter, the commission, after notice and hearing, and for cause other than that expressly provided in this title, may suspend a permit to manufacture, transport or sell alcoholic beverages for not longer than thirty (30) days for the violation of a provision of this title, or for the failure or the refusal to comply with a rule or regulation of the commission.

(b) This subsection applies to an individual charged with a Class B misdemeanor for violating IC 7.1-5-10-15(a). Upon receiving notice of charges filed under IC 7.1-5-10-15(a), the commission:

(1) shall hold a hearing under section 6 of this chapter; and

(2) may suspend the permit of the individual charged with the violation until disposition of the charges.

[Pre-1973 Recodification Citation: 7-1-1-43.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.125-2000, SEC.3; P.L.103-2026, SEC.2.
Ind. Code § 7.1-4-2-9 — Indiana Code / Title 7.1 / Article 4 / Chapter 2 / Section 7.1-4-2-9
Repealed
Status: repealed

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

As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.
Ind. Code § 7.1-3-23-33 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-33
Right to a public hearing
Status: in_force

Sec. 33. A person who receives a notice given pursuant to section 32 of this chapter shall have the right to a public hearing at the time and place fixed in the notice and the person shall be permitted to be heard and offer evidence. The evidence may be written, in the form of affidavits, or parol. Unless the commission provides a reporter to take and transcribe the parol evidence, the notice shall inform the person that no reporter will be provided but that the person has the right to have a reporter present at the person's own expense. The evidence, transcribed and verified by the reporter, or the written evidence offered and accepted by the commission, or both, shall be filed and become a part of the record of the proceedings.

[Pre-1973 Recodification Citation: 7-1-1-43.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.128.
Ind. Code § 7.1-3-1-13 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-13
Repealed
Status: repealed

[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.
Ind. Code § 7.1-3-18.6-1 — Indiana Code / Title 7.1 / Article 3 / Chapter 18.6 / Section 7.1-3-18.6-1
"Holder"
Status: in_force

Sec. 1. As used in this chapter, "holder" means a person who holds a supplemental cigar sales certificate under this chapter.

As added by P.L.123-2025, SEC.1.
Ind. Code § 7.1-5-9-6 — Indiana Code / Title 7.1 / Article 5 / Chapter 9 / Section 7.1-5-9-6
Liquor wholesaler's interests limited
Status: in_force

Sec. 6. (a) It is unlawful for the holder of a liquor wholesaler's permit to have an interest in a beer permit of any type under this title.

(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.10; P.L.159-2014, SEC.60; P.L.79-2015, SEC.13; P.L.279-2019, SEC.10.
Ind. Code § 7.1-3-25-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 25 / Section 7.1-3-25-8
Territory continues until compensation received
Status: in_force

Sec. 8. The existing wholesaler shall continue to distribute the product until payment of the compensation agreed to under section 7 of this chapter or awarded under section 11 of this chapter is received.

As added by P.L.224-2005, SEC.19.
Ind. Code § 7.1-3-19-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 19 / Section 7.1-3-19-11
Review of recommendations; findings of fact
Status: in_force

Sec. 11. (a) The commission shall follow the recommendation of a majority of the members of a local board to grant or deny an application for a retailer's or dealer's permit of any type, unless, after the commission's review of that recommendation, the commission determines that to follow the recommendation would be:

(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;

(2) contrary to a constitutional right, power, privilege, or immunity;

(3) in excess of, or contrary to, statutory jurisdiction, authority, limitations or rights;

(4) without observance of procedure required by law; or

(5) unsupported by substantial evidence.

Such review shall be de novo.

(b) If the commission determines not to follow the recommendation of a local board, after the commission's review of that recommendation according to the standards set forth in subsection (a), the commission shall make written findings of fact on each material issue on which the commission's determination is based.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.64-1990, SEC.3.
Ind. Code § 7.1-2-1-11 — Indiana Code / Title 7.1 / Article 2 / Chapter 1 / Section 7.1-2-1-11
Quorum and voting
Status: in_force

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.
Ind. Code § 7.1-4-4-6 — Indiana Code / Title 7.1 / Article 4 / Chapter 4 / Section 7.1-4-4-6
Transactions exempt from tax
Status: in_force

Sec. 6. The wine excise tax shall not apply to the sale or withdrawal for sale of wine to a pastor, rabbi, or priest for sacramental or religious purposes only.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.128-2026, SEC.89.
Ind. Code § 7.1-3-19-15 — Indiana Code / Title 7.1 / Article 3 / Chapter 19 / Section 7.1-3-19-15
New permits in residential districts; hearing
Status: in_force

Sec. 15. The commission shall consider the matters which may be brought out at the hearing and the sentiments of the residents in making the determinations required by section 13 of this chapter. Further, if at the hearing, there is presented to the commission a verified written remonstrance bearing the signatures of at least fifty-one percent (51%) of the registered voters of the residential district, the commission shall be bound to find in the affirmative and to deny the application.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.115.
Ind. Code § 7.1-7-2-15.5 — Indiana Code / Title 7.1 / Article 7 / Chapter 2 / Section 7.1-7-2-15.5
Repealed
Status: repealed

As added by P.L.206-2017, SEC.14. Repealed by P.L.148-2026, SEC.17.
Ind. Code § 7.1-3-24-1 — Indiana Code / Title 7.1 / Article 3 / Chapter 24 / Section 7.1-3-24-1
General rule
Status: in_force

Sec. 1. General Rule. The holder of a permit of any type may not sell, assign or transfer that permit to another person except as expressly authorized by this title. The holder of a permit of any type may not transfer that permit from one (1) location to another unless authorized in special instances to be fixed by rule or regulation of the commission.

[Pre-1973 Recodification Citations: 7-1-1-8(1); 7-1-1-42(n).]

Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-2-3-31 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-31
Implied powers
Status: in_force

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.
Ind. Code § 7.1-1-3-19.7 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-19.7
"Law enforcement officer"
Status: in_force

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.
Ind. Code § 7.1-3-6-3.8 — Indiana Code / Title 7.1 / Article 3 / Chapter 6 / Section 7.1-3-6-3.8
Temporary beer permit issued to brewer for festival or event
Status: in_force

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.
Ind. Code § 7.1-1-3-1 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-1
Generally
Status: in_force

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.
Ind. Code § 7.1-5-3-1 — Indiana Code / Title 7.1 / Article 5 / Chapter 3 / Section 7.1-5-3-1
Beer must be bottled at brewery
Status: in_force

Sec. 1. (a) This section does not apply to the following:

(1) An establishment where alcoholic beverages are sold that is owned, in whole or part, by an entity that holds a brewer's permit issued under IC 7.1-3-2-2(b).

(2) An establishment where alcoholic beverages are sold that is owned, in whole or part, by a statewide trade organization consisting of members, each of whom holds a brewer's permit issued under IC 7.1-3-2-2(b).

(3) Beer that is bottled and packaged under IC 7.1-3-2-7(5)(P).

(b) Except as provided in section 6 of this chapter, it is unlawful to sell beer in this state at retail in a bottle, can, or other container, unless the bottle, can, or other container was packaged and sealed by the brewer at the brewer's bottling house contiguous or adjacent to the brewery in which the beer was produced.

(c) A person who knowingly or intentionally violates subsection (b) commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.64-2011, SEC.2; P.L.6-2012, SEC.61; P.L.159-2014, SEC.27; P.L.79-2015, SEC.10; P.L.220-2023, SEC.13.
Ind. Code § 7.1-1-3-23 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-23
"Malt articles"
Status: in_force

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.
Ind. Code § 7.1-1-3-50 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-50
"Wood alcohol"
Status: in_force

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.
Ind. Code § 7.1-4-10-3 — Indiana Code / Title 7.1 / Article 4 / Chapter 10 / Section 7.1-4-10-3
Deposit of fines in fund
Status: in_force

Sec. 3. The chairman shall deposit the monies realized from fines imposed pursuant to the provisions of IC 7.1-3-23-2 in its enforcement and administration fund to be used for the purposes provided in this chapter.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.137.
Ind. Code § 7.1-4-13-4 — Indiana Code / Title 7.1 / Article 4 / Chapter 13 / Section 7.1-4-13-4
Activities
Status: in_force

Sec. 4. the wine grape market development program may include any of the following activities:

(1) Market development and research programs.

(2) Market promotion, education, and public relations programs.

(3) Market information services.

As added by P.L.102-1989, SEC.6.
Ind. Code § 7.1-3-22-6 — Indiana Code / Title 7.1 / Article 3 / Chapter 22 / Section 7.1-3-22-6
Hotels excluded from quota
Status: in_force

Sec. 6. A three-way permit, regardless of when issued, that is issued to a permittee whose licensed premises consist of a hotel and which premises are located within an incorporated city or town, shall not be included in the quota of three-way permits that may be issued lawfully to premises located within one (1) incorporated city, town, or unincorporated town.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.136-2018, SEC.41.
Ind. Code § 7.1-4-13-3 — Indiana Code / Title 7.1 / Article 4 / Chapter 13 / Section 7.1-4-13-3
Establishment and administration
Status: in_force

Sec. 3. The director shall establish and administer a wine grape market development program.

As added by P.L.102-1989, SEC.6.
Ind. Code § 7.1-1-3-13.8 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-13.8
"Craft manufacturer's permit"
Status: in_force

Sec. 13.8. "Craft manufacturer's permit" means:

(1) a small brewery permit under IC 7.1-3-2-7(5);

(2) a farm winery permit under IC 7.1-3-12; or

(3) an artisan distiller's permit under IC 7.1-3-27.

As added by P.L.167-2024, SEC.2.
Ind. Code § 7.1-3-9-6 — Indiana Code / Title 7.1 / Article 3 / Chapter 9 / Section 7.1-3-9-6
Certain local ordinances, resolutions, policies, and rules prohibited
Status: in_force

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.
Ind. Code § 7.1-3-1.5-14 — Indiana Code / Title 7.1 / Article 3 / Chapter 1.5 / Section 7.1-3-1.5-14
Server certificate
Status: in_force

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.
Ind. Code § 7.1-3-22-4.5 — Indiana Code / Title 7.1 / Article 3 / Chapter 22 / Section 7.1-3-22-4.5
Eligible grocery store
Status: in_force

Sec. 4.5. (a) As used in this section, "eligible grocery store" means a grocery store (as defined in IC 7.1-1-3-18.5(a)(1)) that meets the following criteria:

(1) Is operated in a consolidated city.

(2) Was established in whole or in part through a food empowerment pilot project authorized under P.L.165-2021, SECTION 6 and awarded to a nonprofit corporation for the benefit of establishing the grocery store.

(3) Operates with less than eighteen thousand (18,000) square feet of building space.

(4) Provides access to fresh and healthy foods to individuals in a low income area where access to resources for fresh and healthy food, particularly fresh fruits and vegetables and fresh meat, poultry, and fish, is limited.

(b) The commission shall issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store without regard to the quota provisions of this chapter.

(c) A permit issued under this section is subject to the following:

(1) A permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises.

(2) Notwithstanding IC 7.1-3-1.1, if the premises ceases to qualify as an eligible grocery store for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation.

As added by P.L.220-2023, SEC.11.
Ind. Code § 7.1-3-3-3 — Indiana Code / Title 7.1 / Article 3 / Chapter 3 / Section 7.1-3-3-3
Building requirements
Status: in_force

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.
Ind. Code § 7.1-5-12-5 — Indiana Code / Title 7.1 / Article 5 / Chapter 12 / Section 7.1-5-12-5
Exceptions to smoking ban; signage; areas where smoking is prohibited in exempted premises; verified statement
Status: in_force

Sec. 5. (a) Except as provided in subsection (c) and subject to section 13 of this chapter, smoking may be allowed in the following:

(1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.

(2) A riverboat (as defined in IC 4-33-2-17) and any other permanent structure that is:

(A) owned or leased by the owner of the riverboat; and

(B) located on land that is adjacent to:

(i) the dock to which the riverboat is moored; or

(ii) the land on which the riverboat is situated in the case of a riverboat described in IC 4-33-2-17(2).

(3) A facility that operates under a gambling game license under IC 4-35-5 and any other permanent structure on land owned or leased by the owner of the facility that is adjacent to the facility.

(4) A satellite facility licensed under IC 4-31-5.5.

(5) An establishment owned or leased by a business that meets the following requirements:

(A) The business was in business and permitted smoking on December 31, 2012.

(B) The business prohibits entry by an individual who is less than twenty-one (21) years of age.

(C) The owner or operator of the business holds a beer, liquor, or wine retailer's permit.

(D) The business limits smoking in the establishment to smoking with a waterpipe or hookah device.

(E) During the preceding calendar year, at least ten percent (10%) of the business's annual gross income was from the sale of loose tobacco for use in a waterpipe or hookah device.

(F) The person in charge of the business posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited.

(6) An establishment owned or leased by a business that meets the following requirements:

(A) The business prohibits entry by an individual who is less than twenty-one (21) years of age.

(B) The owner or operator of the business holds a beer, liquor, or wine retailer's permit.

(C) The business limits smoking in the establishment to cigar smoking.

(D) During the preceding calendar year, at least ten percent (10%) of the business's annual gross income was from the sale of cigars and the rental of onsite humidors.

(E) The person in charge of the business posts in the establishment conspicuous signs that display the message that cigarette smoking is prohibited.

(7) A premises owned or leased by and regularly used for the activities of a business that meets all of the following:

(A) The business is exempt from federal income taxation under 26 U.S.C. 501(c).

(B) The business:

(i) meets the requirements to be considered a club under IC 7.1-3-20-1; or

(ii) is a fraternal club (as defined in IC 7.1-3-20-7).

(C) The business provides food or alcoholic beverages only to its bona fide members and their guests.

(D) The business:

(i) provides a separate, enclosed, designated smoking room or area that is adequately ventilated to prevent migration of smoke to nonsmoking areas of the premises;

(ii) allows smoking only in the room or area described in item (i);

(iii) does not allow an individual who is less than twenty-one (21) years of age to enter into the room or area described in item (i); and

(iv) allows a guest in the smoking room or area described in item (i) only when accompanied by a bona fide member of the business.

(8) A retail tobacco store used primarily for the sale of tobacco products and tobacco accessories that meets the following requirements:

(A) The owner or operator of the store holds a valid tobacco sales certificate issued under IC 7.1-3-18.5.

(B) The store prohibits entry by an individual who is less than twenty-one (21) years of age.

(C) The sale of products other than tobacco products and tobacco accessories is merely incidental.

(D) The sale of tobacco products accounts for at least eighty-five percent (85%) of the store's annual gross sales.

(E) Food or beverages are not sold in a manner that requires consumption on the premises, and there is not an area set aside for customers to consume food or beverages on the premises.

(9) A bar or tavern:

(A) for which a permittee holds:

(i) a beer retailer's permit under IC 7.1-3-4;

(ii) a liquor retailer's permit under IC 7.1-3-9; or

(iii) a wine retailer's permit under IC 7.1-3-14;

(B) that does not employ an individual who is less than eighteen (18) years of age;

(C) that does not allow an individual who:

(i) is less than twenty-one (21) years of age; and

(ii) is not an employee of the bar or tavern;

to enter any area of the bar or tavern; and

(D) that is not located in a business that would otherwise be subject to this chapter.

(10) A cigar manufacturing facility that does not offer retail sales.

(11) A premises of a cigar specialty store to which all of the following apply:

(A) The owner or operator of the store holds a valid tobacco sales certificate issued under IC 7.1-3-18.5.

(B) The sale of tobacco products and tobacco accessories account for at least fifty percent (50%) of the store's annual gross sales.

(C) The store has a separate, enclosed, designated smoking room that is adequately ventilated to prevent migration of smoke to nonsmoking areas.

(D) Smoking is allowed only in the room described in clause (C).

(E) Individuals who are less than twenty-one (21) years of age are prohibited from entering into the room described in clause (C).

(F) Cigarette smoking is not allowed on the premises of the store.

(G) The owner or operator of the store posts a conspicuous sign on the premises of the store that displays the message that cigarette smoking is prohibited.

(H) The store does not prepare any food or beverage that would require a certified food protection manager under IC 16-42-5.2.

(12) The premises of a business that is located in the business owner's private residence (as defined in IC 3-5-2.1-90) if the only employees of the business who work in the residence are the owner and other individuals who reside in the residence.

(13) That part of a hotel designated as an outside patio or terrace that contains a bar under IC 7.1-3-20-27, to which all of the following apply:

(A) The designated smoking area on the outside patio or terrace is delineated from the rest of the outside patio or terrace by a barrier that is at least eighteen (18) inches in height.

(B) The designated smoking area is located at least twenty (20) feet from any entrance to the hotel.

(C) Individuals less than twenty-one (21) years of age are not allowed in the designated smoking area.

(b) The owner, operator, manager, or official in charge of an establishment or premises in which smoking is allowed under this section shall post conspicuous signs in the establishment that read "WARNING: Smoking Is Allowed In This Establishment" or other similar language.

(c) This section does not allow smoking in the following enclosed areas of an establishment or premises described in subsection (a)(1) through (a)(11):

(1) Any hallway, elevator, or other common area where an individual who is less than twenty-one (21) years of age is permitted.

(2) Any room that is intended for use by an individual who is less than twenty-one (21) years of age.

(d) The owner, operator, or manager of an establishment or premises that is listed under subsection (a) and that allows smoking shall provide a verified statement to the commission that states that the establishment or premises qualifies for the exemption. The commission may require the owner, operator, or manager of an establishment or premises to provide documentation or additional information concerning the exemption of the establishment or premises.

As added by P.L.141-2012, SEC.2. Amended by P.L.70-2014, SEC.5; P.L.231-2015, SEC.7; P.L.45-2020, SEC.1; P.L.49-2020, SEC.8; P.L.145-2024, SEC.21; P.L.186-2025, SEC.77.
Ind. Code § 7.1-3-23-31 — Indiana Code / Title 7.1 / Article 3 / Chapter 23 / Section 7.1-3-23-31
Appeal by applicant for wholesalers' permit
Status: in_force

Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler's permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior court of Marion County under the same conditions and in the same manner and mode of procedure as provided in this chapter for other appeals. The court shall, from the evidence presented, determine if the applicant has been denied a permit or renewal, or has had his permit revoked, on arbitrary, capricious, or political grounds and if the court determines that the permit or renewal was improperly denied or revoked, the court shall issue a writ of mandate ordering the commission to issue, renew, or reinstate the permit. However, either party shall have the right of appeal from the judgment of the superior court of Marion County as an appeal is taken in a civil action.

[Pre-1973 Recodification Citation: 7-2-1-16.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.141-2007, SEC.1.
Ind. Code § 7.1-3-20-16.4 — Indiana Code / Title 7.1 / Article 3 / Chapter 20 / Section 7.1-3-20-16.4
Restaurant permittee with interest in production facility; restaurant carryout sales of facility's products
Status: in_force

Sec. 16.4. (a) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for:

(1) a brewery described in IC 7.1-3-2-7(5);

(2) a farm winery described in IC 7.1-3-12-3;

(3) an artisan distillery described in IC 7.1-3-27-2; or

(4) a combination of the entities described in subdivisions (1) through (3);

that is located on or adjacent to the premises for which the permit was issued under section 16(e)(2) of this chapter, notwithstanding 905 IAC 1-29-2 and 905 IAC 1-41-2(c), the holder of the permit may sell carryout beer, wine, or spirits manufactured at the entity described in subdivisions (1) through (3) in the general merchandising area on the restaurant premises and in a self-serving display. Minors may be allowed in the general merchandising area of the restaurant.

(b) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for:

(1) a brewery described in IC 7.1-3-2-7(5);

(2) a farm winery described in IC 7.1-3-12-3;

(3) an artisan distillery described in IC 7.1-3-27-2; or

(4) a combination of the entities described in subdivisions (1) through (3);

that is located on or adjacent to the premises for which the permit was issued under section 16(e)(2) of this chapter, the holder of the permit may allow a minor to participate in a nondrinking tour of the production facilities on the premises if the minor is accompanied by an adult as provided in IC 7.1-5-7-11(a)(27), IC 7.1-5-7-11(a)(28), and IC 7.1-5-7-11(a)(29), and the tour does not include allowing tour participants to consume, taste, or sample alcoholic beverages.

As added by P.L.150-2021, SEC.3.
Ind. Code § 7.1-2-3-13 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-13
Prevention of subterfuge
Status: in_force

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.
Ind. Code § 7.1-3-6-9 — Indiana Code / Title 7.1 / Article 3 / Chapter 6 / Section 7.1-3-6-9
Renewals
Status: in_force

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.
Ind. Code § 7.1-3-2-11 — Indiana Code / Title 7.1 / Article 3 / Chapter 2 / Section 7.1-3-2-11
Beer transferred to food manufacturer
Status: reserved

Sec. 11. (a) A finished product of a food manufacturer that contains beer transferred to the food manufacturer under section 7(5)(Q) of this chapter may not contain more than one-half of one percent (0.5%) of alcohol by volume when the product leaves the food manufacturer's facility.

(b) Beer that is sold or transferred by a brewer to a food manufacturer under section 7(5)(Q) of this chapter shall be included within the brewer's ninety thousand (90,000) barrel of beer limit for the calendar year that is set forth in section 7(5) of this chapter.

As added by P.L.220-2023, SEC.5.
Ind. Code § 7.1-5-9-3 — Indiana Code / Title 7.1 / Article 5 / Chapter 9 / Section 7.1-5-9-3
Beer permittee's interest limited
Status: in_force

Sec. 3. (a) This section applies to a brewer that manufactures, in aggregate, more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana.

(b) It is unlawful for the holder of a brewer's or beer wholesaler's permit to have an interest in a liquor permit of any type under this title.

(c) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

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

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.88-1993, SEC.6; P.L.186-2011, SEC.12; P.L.71-2012, SEC.8; P.L.159-2014, SEC.58; P.L.79-2015, SEC.12.
Ind. Code § 7.1-2-3-28 — Indiana Code / Title 7.1 / Article 2 / Chapter 3 / Section 7.1-2-3-28
Repealed
Status: repealed

[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.
Ind. Code § 7.1-1-3-5.5 — Indiana Code / Title 7.1 / Article 1 / Chapter 3 / Section 7.1-1-3-5.5
"Applicant"
Status: in_force

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.
Ind. Code § 7.1-3-1-8 — Indiana Code / Title 7.1 / Article 3 / Chapter 1 / Section 7.1-3-1-8
Terms and conditions of surety bond
Status: in_force

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.