reglab/housing_qa huggingface dataset:
IN Code § 7.1-3-25-8 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-8. Territory Continues Until Compensation Received

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.
IN Code § 7.1-3-25-9 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-9. Arbitration

Sec. 9. (a) The successor's designee and the existing wholesaler shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing wholesaler receives the notice under section 6 of this chapter, the successor's designee or the existing wholesaler may send a written notice to the:(1) other party; and(2) American Arbitration Association or its successor in interest;declaring the party's intention to proceed with final and binding arbitration administered by the American Arbitration Association under the American Arbitration Association's Commercial Arbitration Rules.(b) Notice of intent to arbitrate shall be sent, as provided in subsection (a), not later than thirty-five (35) days after the existing wholesaler receives notice under section 6 of this chapter. The arbitration proceedings shall conclude not later than forty-five (45) days after the date the notice of intent to arbitrate is mailed to a party.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-10 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-10. Location of Arbitration Proceedings; General Provisions

Sec. 10. (a) The arbitration shall be conducted in the city within Indiana that:(1) is closest to the existing wholesaler; and(2) has a population of more than fifty thousand (50,000).(b) The arbitration shall be conducted before one (1) impartial arbitrator to be selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-11 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-11. Monetary Award Only

Sec. 11. The arbitrator's award must be monetary only and may not enjoin or compel conduct. The arbitration is instead of all other remedies and procedures.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-12 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding

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.
IN Code § 7.1-3-25-13 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-13. Failure to Receive Compensation

Sec. 13. If the existing wholesaler does not receive payment of the compensation under section 7 or 11 of this chapter not later than thirty (30) days after the date of the settlement or arbitration award:(1) the existing wholesaler shall remain the distributor of the product in the existing wholesaler's territory to at least the same extent that the existing wholesaler distributed the product immediately before the successor acquired rights to the product; and(2) the existing wholesaler is not entitled to the settlement or arbitration award.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-14 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-14. Good Faith Settlements Not Prohibited

Sec. 14. Nothing in this chapter shall be construed to limit or prohibit good faith settlements voluntarily entered into by the parties.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-15 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement

Sec. 15. Nothing in this chapter shall be construed to give the existing wholesaler or a successor wholesaler any right to compensation if the existing wholesaler or successor wholesaler is terminated by the primary source of supply or predecessor source supplier:(1) for failure to comply with any provision in the agreement to distribute the product;(2) for good cause as provided in IC 7.1-3-25.5; or(3) in accordance with IC 7.1-5-5-9.As added by P.L.224-2005, SEC.19. Amended by P.L.139-2021, SEC.1.
IN Code § 7.1-3-25.5-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-1. Requirements for Amendment or Termination of Distribution Agreements

Sec. 1. A primary source of supply's amendment of, cancellation of, termination of, or refusal to renew a distribution agreement with a beer wholesaler is not effective unless the requirements of this chapter are satisfied.As added by P.L.139-2021, SEC.2.
IN Code § 7.1-3-25.5-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-2. Amendment or Termination of Distribution Agreement With Wholesaler; Written Notice; Opportunity for Wholesaler to Cure

Sec. 2. (a) As used in this section, "good cause" means any of the following:(1) A beer wholesaler's failure to pay a primary source of supply for products in accordance with the approved terms of the distribution agreement.(2) A failure by a beer wholesaler to substantially comply, without reasonable excuse or justification, with any reasonable and material provision of the distribution agreement.(3) A failure by an owner of the beer wholesaler to sell the person's ownership interest not later than one hundred twenty (120) days after the later of the following dates:(A) The date judgment is entered against the owner of the beer wholesaler for a felony conviction that, in the reasonable judgment of the primary source of supply, may adversely affect the goodwill or interests of the beer wholesaler or primary source of supply.(B) The date the primary source of supply learns of the felony conviction described in clause (A).(b) A primary source of supply that intends to amend, cancel, terminate, or refuse to renew a distribution agreement may do so only 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;(2) gives the beer wholesaler written notice:(A) in accordance with section 5 of this chapter; and(B) at least one hundred twenty (120) days before the date the primary source of supply intends to amend, cancel, terminate, or refuse to renew the distribution agreement; and(3) gives the beer wholesaler the opportunity to substantially cure any deficiency in the beer wholesaler's performance that constitutes good cause not later than one hundred twenty (120) days after the date that notice is given under subdivision (2).As added by P.L.139-2021, SEC.2.
IN Code § 7.1-3-25.5-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-3. When Prior Written Notice Not Required Before Amendment or Termination of Distribution Agreement With Wholesaler

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.
IN Code § 7.1-3-25.5-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-4. Amendment or Termination of Same Distribution With All Wholesalers

Sec. 4. (a) This section applies to a primary source of supply that intends to amend, cancel, terminate, or refuse to renew distribution agreements with all beer wholesalers who:(1) have entered into the same distribution agreement with the primary source of supply; and(2) are located in the United States.(b) A primary source of supply has the right to amend, cancel, terminate, or refuse to renew the distribution agreements, if the primary source of supply provides written notice to each beer wholesaler:(1) in accordance with section 5 of this chapter; and(2) at least ninety (90) days before the intended effective date of the amendment of, cancellation of, termination of, or refusal to renew each beer wholesaler's distribution agreement.As added by P.L.139-2021, SEC.2.
IN Code § 7.1-3-25.5-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-5. Written Notice Requirements

Sec. 5. A written notice under this chapter must comply with the following:(1) The notice must be sent by certified mail.(2) The notice must state the following:(A) The effective date of the amendment of, cancellation of, termination of, or refusal to renew the distribution agreement.(B) The:(i) nature of; and(ii) reason for;the amendment of, cancellation of, termination of, or refusal to renew the distribution agreement. In the case of a notice provided by a primary source of supply under section 2 or 3 of this chapter, the notice must state the reason that constitutes good cause for purposes of those sections.As added by P.L.139-2021, SEC.2.
IN Code § 7.1-3-25.5-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply|7.1-3-25.5-6. Waiver of Chapter Prohibited

Sec. 6. (a) A primary source of supply or a beer wholesaler may not waive any provision of this chapter in a distribution agreement or other agreement.(b) If a beer wholesaler enters into a distribution agreement, supplemental agreement, amendment, or any other agreement with a primary source of supply that waives a law, the beer wholesaler does not waive the rights provided to a beer wholesaler under this chapter.As added by P.L.139-2021, SEC.2.
IN Code § 7.1-3-26-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-1. Applicability

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.
IN Code § 7.1-3-26-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-2. "Applicant"

Sec. 2. As used in this chapter, "applicant" means a person that applies to the commission for a direct wine seller's permit.As added by P.L.165-2006, SEC.34.
IN Code § 7.1-3-26-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-3. "Consumer"

Sec. 3. As used in this chapter, "consumer" means an individual with an Indiana address who purchases wine from a seller.As added by P.L.165-2006, SEC.34.
IN Code § 7.1-3-26-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-4. "Seller"

Sec. 4. As used in this chapter, "seller" means the holder of a direct wine seller's permit issued under this chapter.As added by P.L.165-2006, SEC.34.
IN Code § 7.1-3-26-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-5. Direct Wine Seller Requirements

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.
IN Code § 7.1-3-26-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-6. Consumer Qualifications; Seller Violation

Sec. 6. (a) A seller may sell and ship wine directly only to a consumer who meets all of the following requirements:(1) The consumer is at least twenty-one (21) years of age.(2) The consumer has an Indiana address.(3) The consumer intends to use wine purchased under this chapter for personal use only and not for resale or other commercial purposes.(b) A seller who violates this section commits a Class A infraction. However, the offense 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.5; P.L.107-2015, SEC.6.
IN Code § 7.1-3-26-7 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-7. Qualifications of Applicant for Direct Wine Seller Permit

Sec. 7. (a) The commission may issue a direct wine seller's permit to an applicant who meets all of the following requirements:(1) The applicant is domiciled and has its principal place of business in the United States.(2) The applicant is engaged in the manufacture of wine.(3) The applicant holds and acts within the scope of authority of an alcoholic beverage license or permit to manufacture wine that is required:(A) in Indiana or the state where the applicant is domiciled; and(B) by the Tax and Trade Bureau of the United States Department of the Treasury.(4) The applicant qualifies with the secretary of state to do business in Indiana and consents to the personal jurisdiction of the commission and the courts of Indiana.(5) The applicant:(A) has not distributed wine through a wine wholesaler in Indiana within the one hundred twenty (120) days immediately preceding the applicant's application for a direct wine seller's permit and does not distribute wine through a wine wholesaler in Indiana during the term of the direct wine seller's permit; or(B) has operated as a farm winery under IC 7.1-3-12.(6) The applicant completes documentation regarding the applicant's application required by the commission.(b) The commission may issue a direct wine seller's permit to an applicant who:(1) meets the requirements under subsection (a); and(2) holds a permit issued under this title that allows the sale of an alcoholic beverage at retail.As added by P.L.165-2006, SEC.34. Amended by P.L.54-2008, SEC.3; P.L.186-2011, SEC.8; P.L.107-2015, SEC.7.
IN Code § 7.1-3-26-8 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-8. Permit Expiration, Renewal, and Fees

Sec. 8. (a) The term of a direct wine seller's permit begins:(1) on the date approved by the commission for an initial application; and(2) on July 1 to renew a permit;and expires on June 30 of the following year. A direct wine seller's permit may be renewed in accordance with rules adopted by the commission.(b) The annual direct wine seller's permit fee is as follows:(1) One hundred dollars ($100) for a direct wine seller's permit applicant who:(A) has never previously held a direct wine seller's permit and anticipates direct shipping in Indiana not more than nine thousand (9,000) liters of wine in a permit year; or(B) previously held a direct wine seller's permit and certifies to the commission that the permit applicant direct shipped in Indiana not more than nine thousand (9,000) liters of wine in the previous permit year.(2) Two hundred dollars ($200) for a direct wine seller's permit applicant who:(A) has never previously held a direct wine seller's permit and anticipates direct shipping in Indiana not more than eighteen thousand (18,000) liters of wine in a permit year; or(B) previously held a direct wine seller's permit and certifies to the commission that the permit applicant direct shipped in Indiana not more than eighteen thousand (18,000) liters of wine in the previous permit year.(3) Three hundred dollars ($300) for a direct wine seller's permit applicant who:(A) has never previously held a direct wine seller's permit and anticipates direct shipping in Indiana not more than twenty-seven thousand (27,000) liters of wine in a permit year; or(B) previously held a direct wine seller's permit and certifies to the commission that the permit applicant direct shipped in Indiana not more than twenty-seven thousand (27,000) liters of wine in the previous permit year.(4) Four hundred dollars ($400) for a direct wine seller's permit applicant who:(A) has never previously held a direct wine seller's permit and anticipates direct shipping in Indiana not more than thirty-six thousand (36,000) liters of wine in a permit year; or(B) previously held a direct wine seller's permit and certifies to the commission that the permit applicant direct shipped in Indiana not more than thirty-six thousand (36,000) liters of wine in the previous permit year.(5) Five hundred dollars ($500) for a direct wine seller's permit applicant who:(A) has never previously held a direct wine seller's permit and anticipates direct shipping in Indiana not more than forty-five thousand (45,000) liters of wine in a permit year; or(B) previously held a direct wine seller's permit and certifies to the commission that the permit applicant direct shipped in Indiana not more than forty-five thousand (45,000) liters of wine in the previous permit year.As added by P.L.165-2006, SEC.34. Amended by P.L.107-2015, SEC.8.
IN Code § 7.1-3-26-9 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 26. Direct Wine Seller's Permit|7.1-3-26-9. Direct Wine Seller; Conditions and Requirements

Sec. 9. A direct wine seller's permit entitles a seller to sell and ship wine to a consumer by receiving and filling orders that the consumer transmits by electronic or other means if all of the following conditions are satisfied before the sale or by the times set forth as follows:(1) The consumer provides the direct wine seller with the following:(A) The consumer's name.(B) A valid delivery address and telephone number.(C) Proof of age by a state government issued or federal government issued identification card showing the consumer to be at least twenty-one (21) years of age. The proof under this clause may be evidenced:(i) in person;(ii) by a photocopy or facsimile copy that is mailed or electronically transmitted;(iii) by a computer scanned, electronically transmitted copy; or(iv) through an age verification service used by the direct wine seller.(2) The direct wine seller meets the following requirements:(A) Maintains for two (2) years all records of wine sales made under this chapter. If the records are requested by the commission, a direct wine seller shall:(i) make the records available to the commission during the direct wine seller's regular business hours; or(ii) at the direction of the commission, deliver copies to the commission.(B) Stamps, prints, or labels on the outside of the shipping container the following: "CONTAINS WINE. SIGNATURE OF PERSON AGE 21 OR OLDER REQUIRED FOR DELIVERY.".(C) Causes the wine to be delivered by the holder of a valid carrier's alcoholic beverage permit under IC 7.1-3-18.(D) Directs the carrier to verify that the individual personally receiving the wine shipment is at least twenty-one (21) years of age.(E) Does not ship to any consumer more than two hundred sixteen (216) liters of wine in any calendar year.(F) Remits to the department of state revenue monthly all Indiana excise, sales, and use taxes on the shipments made into Indiana by the direct wine seller during the previous month.(G) Ships to a consumer in Indiana only wine manufactured, produced, or bottled by the applicant.As added by P.L.165-2006, SEC.34. Amended by P.L.186-2011, SEC.9; P.L.107-2015, SEC.9.