reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1.6. Online and Self-Study Server Courses › 7.1-3-1.6-10. Server Program Provider Reports

Sec. 10. A provider of a server program under this chapter shall submit a report every month to the commission or upon the commission's request. The report must provide the following information regarding each participant in the program during the previous month:
(1) The participant's full name.
(2) The participant's date of birth.
(3) The certificate number or system generated number providing a unique identification of the participant.
(4) Whether the course taken by the participant was an online course or self-study course.
(5) The following information regarding the test taken by the participant:
(A) The date of the test.
(B) The location of the test site if the test was administered as part of a self-study course.
(C) The participant's score, reported as a percentage.
(D) Whether the participant passed or failed the exam.
As added by P.L.269-2013, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1.6. Online and Self-Study Server Courses › 7.1-3-1.6-11. Server Program Provider Self-Generated Audit

Sec. 11. (a) A provider of a server program under this chapter shall provide the commission with a self-generated program audit on January 2 of each year.
(b) The self-generated program audit must include the following information for the previous calendar year:
(1) An overview of the program provider, including how long the program provider has been in existence and offered alcohol server programs for certification in Indiana.
(2) The following:
(A) A copy of the job task analysis for the job of alcohol server.
(B) The knowledge, skills, and abilities that are defined for the job of alcohol server.
(3) Information regarding the job task analysis under subdivision (2), including the following:
(A) An overview of the process used to conduct the job task analysis, including:
(i) timelines;
(ii) data collection formats; and
(iii) procedures.
(B) Credentials and demographic information of all individuals involved in the job task analysis.
(4) An overview of the process of creating the course tests.
(5) A description of the rotation of test questions.
(6) An enumeration of each of the following with respect to the provider's program:
(A) The number of each type of course taken by participants for certification in Indiana.
(B) The number of tests taken for certification in Indiana.
(C) The number of tests under clause (B) that had a passing grade or a failing grade.
(7) The program pass rate for certification in Indiana.
(8) The number of Indiana server certificates issued by the provider.
As added by P.L.269-2013, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1.6. Online and Self-Study Server Courses › 7.1-3-1.6-12. Server Program Provider Onsite Audits

Sec. 12. A provider of a server program under this chapter must be willing to accept onsite audits by the commission and perform onsite audits as the commission considers necessary. An onsite audit may review the following:
(1) The self-generated program audit described in section 11 of this chapter.
(2) The number of Indiana server certificates that have been issued by the program provider.
(3) The measures taken by the program provider for the protection of test questions.
(4) The procedures of the program provider for scoring tests.
(5) The size of the item bank from which the test questions are taken.
(6) The methodology used to translate the course and test into multiple languages and the qualifications of the individuals performing the translation.
(7) The integrity of the course data generated and stored by the program provider.
(8) The program provider's data handling, reporting, and archiving capacities, policies, and procedures.
(9) The availability and credentials of individuals providing qualified assistance to participants who have questions regarding course content and instructional materials.
(10) The program provider's policies and procedures for addressing participants' questions.
(11) The program provider's procedures to ensure that participants are not discriminated against due to age, sex, race, religion, ethnic origin, disability, or marital status.
As added by P.L.269-2013, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1.7. Exempt Servers › 7.1-3-1.7-1. "Accredited Hospitality Management Program"; "State Educational Institution"

Sec. 1. The following definitions apply throughout this chapter:
(1) "Accredited hospitality management program" means a hospitality management program that is:
(A) accredited by the Accreditation Commission for Programs in Hospitality Administration or a similar nationally recognized accrediting organization; and
(B) offered by a state educational institution.
(2) "State educational institution" has the meaning set forth in IC 21-7-13-32.
As added by P.L.191-2018, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1.7. Exempt Servers › 7.1-3-1.7-2. Employee Permit Exemption

Sec. 2. (a) Notwithstanding any other law, a person at least eighteen (18) years of age may work as a waiter or waitress on the licensed premises of a retailer permittee without having attended a server program or obtained a server certificate or employee permit if all of the following requirements are met:
(1) The licensed premises is a restaurant operated by an accredited hospitality management program primarily for educational purposes.
(2) The person is a student enrolled in a:
(A) state educational institution; and
(B) course offered by the accredited hospitality management program.
(3) The licensed premises, state educational institution, or accredited hospitality management program does not pay the person to work at the licensed premises.
(4) The person works under the supervision of an instructor employed by the state educational institution.
(b) This section does not permit a person to work as a bartender.
As added by P.L.191-2018, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-1. Application

Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-1.4. "Bottle"

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-1.5. "Bulk"

Sec. 1.5. For purposes of this chapter, "bulk" means a container of more than sixty (60) liters.
As added by P.L.279-2019, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-2. Persons Eligible for Permits

Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana if the brewer holds more than one (1) brewer's permit and manufactures, at all of the brewer's breweries located in Indiana, an aggregate of more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:
(1) an individual;
(2) a partnership;
(3) a limited liability company; or
(4) a corporation organized and existing under the laws of Indiana and having authority under its charter to manufacture or sell beer.
The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.
(b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue more than one (1) permit under this subsection to a brewer if the brewer manufactures, at all of the brewer's breweries located in Indiana, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:
(1) an individual;
(2) a partnership organized and existing under the laws of Indiana;
(3) a limited liability company organized and existing under the laws of Indiana; or
(4) a corporation organized and existing under the laws of Indiana.
The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.3; P.L.72-2004, SEC.5; P.L.186-2011, SEC.2; P.L.71-2012, SEC.1; P.L.79-2015, SEC.1; P.L.194-2021, SEC.28.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-3. Preference for Existing Permittees

Sec. 3. Preference for Existing Permittees. A holder of a brewer's permit shall be entitled to preference in the issuance of a brewer's permit over a new applicant for that permit and the existing permittee shall not be refused the permit except for good cause after hearing.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-4. Out-of-State Brewer; Qualifications

Sec. 4. A brewer or other person located outside Indiana who is desirous of selling beer or flavored malt beverage to an Indiana permittee for importation into and resale in Indiana, in order to qualify under this title, shall file with the commission a surety bond in a penal sum equal to its average monthly excise tax liability for the previous year, payable to the state of Indiana and conditioned on the principal's faithful performance and discharge in its agreement with the commission as provided in section 5 of this chapter. The bond and agreement, unless suspended or revoked, shall be renewable annually.
[Pre-1973 Recodification Citation: 7-2-2-2.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.2; P.L.72-1996, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-5. Out-of-State Brewer; Agreement

Sec. 5. There shall accompany the bond required by section 4 of this chapter an agreement by the applicant to:
(1) pay to the state the taxes and fees levied by the state for which the applicant is liable on beer shipped or transported into Indiana;
(2) furnish reports required by the commission of the sales of beer and flavored malt beverage by the principal to an Indiana permittee; and
(3) consent to an examination of the principal's records pertaining to sales to an Indiana permittee.
[Pre-1973 Recodification Citation: 7-2-2-4.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.3; P.L.72-1996, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-6. Cessation of Manufacturing; Revocation of Permit

Sec. 6. Cessation of Manufacturing: Revocation of Permit. The commission may revoke the permit of a brewer if the brewer does not, in good faith, begin to manufacture beer within six (6) months after the issuance of the permit, or if he suspends manufacturing of beer for six (6) consecutive months, without the consent and approval of the commission. The revocation shall be affected in accordance with the rules and regulations of the commission.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-7.5. Sale of Beer and Wine or Liquor From Bar

Sec. 7.5. (a) This section applies if:
(1) a person having an interest in a brewer's permit under section 7(5) of this chapter also has an interest in a farm winery or an artisan distillery; and
(2) the brewery production facility and the farm winery or artisan distillery production facility occupy the same building.
(b) Notwithstanding any other provision, a person to which this section applies may sell by the glass for consumption on the premises all alcoholic beverages:
(1) manufactured by the two (2) production facilities; and
(2) from a single bar.
The commission may not require any physical separation at the bar between the service of alcoholic beverages manufactured by one (1) production facility and the service of alcoholic beverages manufactured by the other production facility.
(c) This section does not exempt a permit holder from complying with permit restrictions that affect the sales and service of any of the alcoholic beverages manufactured by the production facilities. If the law applicable to one (1) of the permits under subsection (a)(2) that the person has an interest in is more prohibitive or restrictive regarding the presence of a minor in the bar area of the licensed premises than the law applicable to the other premises under subsection (a)(2) that the person has an interest in, the more prohibitive or restrictive law applies to the single bar area.
As added by P.L.97-2015, SEC.1. Amended by P.L.285-2019, SEC.18.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-8. Transportation of Beer

Sec. 8. Transportation of Beer. The transportation of beer to a county within this state shall be only in barrel or keg containers, or in bottles, or in other containers permissible under the rules and regulations of the commission. A brewer may ship beer to points outside this state in any convenient container.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-9. Out-of-State Brewer; Use of Beer Wholesalers

Sec. 9. An out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may:
(1) appoint a beer wholesaler to perform the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and
(2) provide a fee to a beer wholesaler who performs the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2).
As added by P.L.72-1997, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-10. Delivery to Consumer in Parking Lot

Sec. 10. (a) This section applies to a permittee that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the brewery as provided under section 7(5)(H) of this chapter.
(b) Alcoholic beverages must be:
(1) in sealed 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 of the brewery building premises.
As added by P.L.194-2021, SEC.30.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 2. Brewers' Permits › 7.1-3-2-11. Beer Transferred to Food Manufacturer

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-1. Application

Sec. 1. Application. The commission may issue a beer wholesaler's permit to a person who desires to sell beer at wholesale and who meets the qualifications required by this title. The commission may require additional proof, by affidavit or otherwise, that an applicant possesses any or all of the required qualifications.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-2. Necessary Investment

Sec. 2. Necessary Investment. An applicant for a beer wholesaler's permit shall have available for investment, capital, in cash or property, necessary and useful in his business, exclusively as a beer wholesaler, of at least fifteen thousand dollars ($15,000), exclusive of motor vehicles. If his application is granted, the investment shall actually be made and proof of it submitted to the commission before the applicant shall engage in business as a beer wholesaler. The provisions of this section shall not apply to a permittee who held a valid beer wholesaler's permit as of April 2, 1965.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-3. Building Requirements

Sec. 3. Building Requirements. The building to be occupied by a beer wholesaler shall be owned or leased by him, or storage space in it shall be leased to him. If the building or storage space is held by lease, the lease shall be for the full term of the permit, and no other person, or stockholder of a corporation, interested in the manufacture of, or in the sale at retail of, alcoholic beverages shall own the building or have any interest in it.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-4. Warehouse Premises; Permit Transfer to Relative

Sec. 4. (a) The premises to be used as a warehouse by an applicant shall be described in the application for the permit. The commission shall not issue a beer wholesaler's permit to an applicant for any other warehouse or premises than that described in the application. The commission shall issue only one (1) beer wholesaler's permit to an applicant, but a permittee may be permitted to transfer the permittee's warehouse to another location within the county that is not required to be within the corporate limits of an incorporated city or town, upon application to, and approval of, the commission.
(b) As used in this subsection, "immediate relative" means the father, the mother, a brother, a sister, a son, or a daughter of a wholesaler permittee. Notwithstanding subsection (a), if a wholesaler permittee is:
(1) dead;
(2) legally adjudged to be mentally incapacitated; or
(3) at least seventy-five (75) years of age and has held an interest in the wholesaler's permit for at least ten (10) years;
the commission may allow the transfer of the wholesaler permit only to an immediate relative of the wholesaler permittee who concurrently holds a majority share in a valid wholesaler permit. In the case of a permit transfer from a wholesaler permittee under subdivision (3), the immediate relative to whom the permit is transferred must concurrently hold a majority share in a valid wholesaler permit and must have held an interest in the wholesaler permit for at least ten (10) years.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.13; P.L.94-2008, SEC.27; P.L.79-2022, SEC.1; P.L.11-2023, SEC.29.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-5. Scope of Permit

Sec. 5. (a) The holder of a beer wholesaler's permit may purchase and import from the primary source of supply, possess, and sell at wholesale, beer and flavored malt beverages manufactured within or without this state.
(b) A beer wholesaler permittee may possess, transport, sell, and deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the brand purchased;
(2) an employee;
(3) a holder of a beer retailer's permit, beer dealer's permit, temporary beer permit, dining car permit, boat permit, airplane permit, or supplemental caterer's permit; and
(4) a qualified organization for:
(A) an allowable event to which IC 7.1-3-6.1 applies; or
(B) a charity auction to which IC 7.1-3-6.2 applies;
located within this state. The sale, donation to a qualified organization, transportation, and delivery of beer shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery.
(c) The beer wholesaler's bona fide regular employees may purchase beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in an amount not to exceed forty-eight (48) pints; or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery of beer shall be subject to the rules of the commission and subject to the same restrictions provided in this title for a person holding a brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import, possess, transport, sell, and deliver any commodity listed in IC 7.1-3-10-5, unless prohibited by this title. However, a beer wholesaler may deliver flavored malt beverages only to the holder of one (1) of the following permits:
(1) A beer wholesaler or wine wholesaler permit, if the wholesaler is authorized by the primary source of supply to sell the brand of flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary wine permit, dining car wine permit, boat permit, airplane permit, or supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9 and deliver the stored beer to another beer wholesaler that the out-of-state brewer authorizes to sell the beer;
(2) perform all necessary accounting and auditing functions associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services described in subdivisions (1) through (2).
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.3; Acts 1974, P.L.25, SEC.2. As amended by Acts 1978, P.L.52, SEC.1; P.L.57-1984, SEC.6; P.L.78-1986, SEC.3; P.L.72-1996, SEC.4; P.L.72-1997, SEC.2; P.L.224-2005, SEC.5; P.L.94-2008, SEC.28; P.L.153-2015, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-6. Renewals

Sec. 6. Renewals. A permittee who holds a beer wholesaler's permit and who desires that it be renewed shall file an application for renewal with the commission not less than thirty (30) days prior to the expiration of the existing permit. The application shall be made in the same manner that an application for an original permit is made.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-7. Action of Commission on Renewals

Sec. 7. Action of Commission on Renewals. The commission shall notify the applicant in writing of its determination to grant or deny the renewal of a beer wholesaler's permit not more than ten (10) days after the filing of the application. The notice may be given by personal service upon the applicant or by registered mail, addressed to applicant at the address shown in the application for renewal. The registration and deposit of the notice, properly addressed, in the post office within the ten (10) day period shall be sufficient when the notice is given by registered mail.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-8. Notice of Renewal

Sec. 8. Notice of Renewal. The determination shall be final and conclusive if the notice advises the applicant that his beer wholesaler's permit will be renewed at the expiration of the existing permit term. Prior to the expiration of the existing permit term, the commission shall issue a renewal beer wholesaler's permit to the applicant for the ensuing year. The failure on the part of the commission to issue the renewal permit prior to the expiration of the existing permit shall not deprive the applicant of the right to continue in operation pending its issuance.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-9. Demand for Public Hearing

Sec. 9. Demand for Public Hearing. The commission shall state in the notice to the applicant the reasons for the denial of the renewal of his beer wholesaler's permit if they decide not to renew the permit. The commission shall grant a public hearing to the applicant on the matter if, within five (5) days after receipt by the applicant of the notice of denial, he files with the commission a written demand for a public hearing. The hearing shall be held either in the offices of the commission or in the county seat of the county in which the applicant's place of business is located after ten (10) days' notice to the applicant of the time and place of the hearing.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-10. Conduct of Hearing

Sec. 10. Conduct of Hearing. The hearing on the denial of the renewal shall be conducted by a member of the commission or by a special examiner designated by it for this purpose. A deputy attorney general of the state shall represent the State of Indiana at the hearing and he shall present the written and oral evidence in support of the reasons given in the notice of the denial of the renewal of the beer wholesaler's permit. The applicant, in person or by counsel, shall present his evidence in support of his right to the renewal and in rebuttal of the evidence presented by the state. The burden shall be upon the state to establish the existence and sufficiency of the reasons for the denial of the renewal of the permit.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-11. Findings and Conclusions; Action of Commission

Sec. 11. Findings and Conclusions: Action of Commission. The person who conducted the hearing shall make a report of the recommended findings of fact and conclusions to the commission following the hearing. The commission, upon receipt of the report, by a majority vote of its membership, shall make findings of fact and state its conclusions affirming or reversing the proposed denial of renewal. The commission shall enter its order accordingly and that order shall be final and conclusive except as otherwise provided in this title. The commission shall serve the applicant, personally or by registered mail, with a copy of the findings of fact, conclusions, and order.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-12. Petition for Review

Sec. 12. Petition for Review. The applicant, if the order of the commission affirms the denial of the renewal of his permit, may file, within ten (10) days following its receipt by him, an action to review the findings, conclusions and order in the Superior Court of Marion County, or in the circuit or superior court of the county in which the applicant has his licensed premises, to set aside and enjoin the enforcement of the order of denial on the grounds that it is unlawful, unreasonable, or insufficient, or that it was obtained by wrongful, fraudulent or other unlawful methods.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-13. Contents of Petition

Sec. 13. Contents of Petition. The petition for review shall be verified by the applicant, or by someone in his behalf having knowledge of the matters stated in the petition, and may include a prayer that a temporary restraining order be issued against the commission, temporarily restraining it from enforcing its order denying the renewal. The temporary restraining order, if issued, shall be issued in accordance with the procedures provided in the Indiana Rules of Civil Procedure.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-14. Ad Interim Operations

Sec. 14. Ad Interim Operations. The denial of the renewal of the permit shall not become effective until ten (10) days following the receipt by the applicant of a copy of the findings of fact, conclusions, and order of the commission affirming the denial if notice of denial of renewal has been given and a public hearing has been demanded as provided in this chapter. The enforcement of the commission's order of denial of renewal shall be suspended pending the expiration or dissolution of the temporary restraining order if one has been sought and issued as provided in this chapter. During the period that the order of denial is ineffective or suspended, the applicant shall be fully authorized and entitled to operate as a beer wholesaler to the same extent and effect as though a renewal permit had been issued concurrently with the expiration of his previous permit, and without being liable, criminally or civilly, on the ground of operating his beer wholesaler's business without a permit.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-15. Trial

Sec. 15. Trial. The court shall give preference to the action for review in order that, consistent with justice, the matters in issue may be determined speedily. A change of venue from the county shall not be granted in an action for review, but either party may apply for and secure a change of judge under the Indiana Rules of Civil Procedure. The trial of the action shall be by the court without the intervention of a jury.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-16. Costs

Sec. 16. Costs. The commission, in the event the denial of renewal becomes final as a result of a failure to bring an action for review, or as a result of the final judgment of the court in which the action was brought, shall deduct from the annual license fee accompanying the application the amount of court costs taxed against the applicant and shall pay it to the clerk of the court. The commission shall apply the balance of the annual license fee to the payment of a license fee for the period of the beer wholesaler's continued operation computed at the rate of two dollars and seventy-five cents ($2.75) per day for the number of calendar days, including Sundays and holidays, elapsed during the period of continued operation.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-17. Cancellation of Franchise Agreement

Sec. 17. The circuit or superior court of the county in which the licensed premises of a beer wholesaler are located shall have jurisdiction to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a brewer in violation of IC 7.1-5-5-9. The action may be brought by a beer wholesaler or brewer who is or might be adversely affected by the cancellation or termination. The court, in granting an injunction under this section, shall provide that the brewer shall not supply the customers or territory of the beer wholesaler through servicing the customers or territory through another beer wholesaler or by any other means while the injunction is in effect. An injunction issued under this section shall require the posting of proper bond against damages for an injunction improvidently granted and a showing that the danger of irrevocable loss or damage is immediate. The beer wholesaler shall continue to service the accounts of the brewer in good faith during the term of the injunction.
[Pre-1973 Recodification Citation: 7-2-1-23(b).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.105.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-18. Certain Transactions Void

Sec. 18. The transfer, sale, acquisition, assignment, control of, or beneficial interest, direct or indirect, in or to a beer wholesaler's permit, or in its business, or in its corporate stock, by a brewer contrary to the provisions of IC 7.1-5-9-2, or the transfer, assignment upon the capital stock book, or other corporate record, of a corporation holding a beer wholesaler's permit, of the capital stock, or a part of it, is wholly void and not capable of validation.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.106.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 3. Beer Wholesalers' Permits › 7.1-3-3-19. Permits Prohibited to Persons Holding Wine Wholesaler's Permit and Liquor Wholesaler's Permit

Sec. 19. The commission may not issue a beer wholesaler's permit to a person who holds a wine wholesaler's permit and a liquor wholesaler's permit.
As added by P.L.72-1996, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 4. Beer Retailers' Permits › 7.1-3-4-1. Application

Sec. 1. Application. The commission may issue a beer retailer's permit to a person who desires to sell beer to customers for consumption on the licensed premises and who meets the qualifications provided by this title.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 4. Beer Retailers' Permits › 7.1-3-4-3. Premises Outside Corporate Limits

Sec. 3. Premises Outside Corporate Limits. (a) The commission may issue a beer retailer's permit for premises situated outside the corporate limits of an incorporated city or town if the premises are within, or in immediate proximity to, an unincorporated town:
(1) which has been a settlement or a group of residences for more than ten (10) years;
(2) to which the inhabitants of the surrounding countryside resort for purchases or public meetings or as a community or neighborhood center; and
(3) which has borne a name and has been known by that name for more than ten (10) years.
(b) The county surveyor of the county in which the premises is located shall certify the information set forth in subsection (a) to the commission.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.276-2001, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 4. Beer Retailers' Permits › 7.1-3-4-4. Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.270-2017, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 4. Beer Retailers' Permits › 7.1-3-4-5. Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 4. Beer Retailers' Permits › 7.1-3-4-7. Limitation of Sales; Fees; Clubs; Discrimination

Sec. 7. (a) Notwithstanding any other law, a beer retailer may limit sales to the following:
(1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A beer retailer may call the annual fee described in subsection (a) a membership fee.
(c) A beer retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
(d) This section does not allow a beer retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.
As added by P.L.73-1991, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-0.3. Legalization of Certain Beer Dealer Permits Issued or Transferred After June 30, 1997, Until March 14, 2002

Sec. 0.3. A new or renewal beer dealer permit issued or transferred to a package liquor store after June 30, 1997, and until March 14, 2002, is legalized.
As added by P.L.220-2011, SEC.172.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-1. Application

Sec. 1. Application. The commission may issue a beer dealer's permit to a person who desires to sell beer to customers for consumption only off the licensed premises and who meets the qualifications provided by this title.
[Pre-1973 Recodification Citation: 7-1-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-2. Applicants Eligible for Permits; Renewal of Permits

Sec. 2. (a) As used in this section, "proprietor of a package liquor store" means the person that:
(1) holds the financial investment in; and
(2) exercises the financial and operational oversight of;
a package liquor store.
(b) The commission may issue a beer dealer's permit only to an applicant who is the proprietor of a drug store, grocery store, or package liquor store.
(c) The commission may issue a beer dealer's permit to an applicant that is a foreign corporation if:
(1) the applicant is duly admitted to do business in Indiana;
(2) the sale of beer is within the applicant's corporate powers; and
(3) the applicant is otherwise qualified under this title.
(d) The commission shall not issue a beer dealer's permit to a person who is disqualified under the special disqualifications. However, the special disqualification listed in IC 7.1-3-4-2(a)(14) shall not apply to an applicant for a beer dealer's permit.
(e) Notwithstanding subsection (b), the commission may renew a beer dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) is the proprietor of a confectionery or a store that:
(A) is not a drug store, grocery store, or package liquor store;
(B) is in good repute; and
(C) in the judgment of the commission, deals in merchandise that is not incompatible with the sale of beer.
[Pre-1973 Recodification Citation: 7-1-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.74-1997, SEC.1; P.L.41-2002, SEC.1; P.L.133-2016, SEC.1; P.L.214-2016, SEC.3; P.L.285-2019, SEC.20; P.L.194-2021, SEC.32.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-3. Scope of Permit

Sec. 3. (a) The holder of a beer dealer's permit shall be entitled to purchase beer for sale under the permit only from a permittee entitled to sell to a beer dealer under this title.
(b) A beer dealer shall be entitled to possess beer and sell it at retail to a customer in permissible containers only.
(c) A beer dealer may not sell beer by the drink nor for consumption on the licensed premises nor shall a beer dealer allow it to be consumed on the licensed premises.
(d) Except as provided in subsection (e), a beer dealer shall be entitled to sell beer to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's residence or office. A beer dealer shall not be entitled to sell and deliver beer on the street or at the curb outside the licensed premises, nor shall a beer dealer be entitled to sell beer at a place other than the licensed premises. A beer dealer shall not be entitled to sell beer and deliver beer for carry-out, or for delivery to a customer's residence or office, in a quantity that exceeds eight hundred sixty-four (864) ounces in a single transaction. This delivery may only be performed by the permit holder or an employee who holds an employee permit. However, notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell and deliver warm or cold beer for carry-out, or for delivery to a customer's residence, office, or a designated location in barrels or other commercial containers that do not exceed two thousand sixteen (2,016) ounces per container. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold.
(e) Unless a beer dealer is a grocery store or drug store, a beer dealer may not sell or deliver alcoholic beverages or any other item through a window in the licensed premises to a patron who is outside the licensed premises. A beer dealer that is a grocery store or drug store may sell any item except alcoholic beverages through a window in the licensed premises to a patron who is outside the licensed premises.
[Pre-1973 Recodification Citation: 7-1-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.3; P.L.65-1990, SEC.1; P.L.106-1995, SEC.7; P.L.204-2001, SEC.27; P.L.194-2021, SEC.33.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-4. Renewal or Transfer of Certain Permits Held Before July 1, 2008

Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the commission may renew or transfer ownership of a beer dealer's permit for a beer dealer who:
(1) held a permit before July 1, 2008; and
(2) has a premises that does not qualify for a permit as a grocery store under IC 7.1-1-3-18.5.
(b) The commission may transfer ownership of a beer dealer's permit under this section only to an applicant who is the proprietor of:
(1) a drug store;
(2) a grocery store; or
(3) a package liquor store.
As added by P.L.94-2008, SEC.29.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 5. Beer Dealers' Permits › 7.1-3-5-5. Reporting Annual Gross Sales of Food; Confidential; Department of State Revenue; Verification

Sec. 5. (a) As used in this section, "annual gross sales of food" refers to annual gross sales of food for human consumption that are exempt from the state gross retail tax.
(b) The holder of a permit issued to a grocery store that is generally known as a convenience store or food mart as described in IC 7.1-1-3-18.5(a)(2) shall report annually to the commission the amount of the permit holder's establishment's annual gross sales of food.
(c) An applicant who:
(1) is applying for a beer dealer's permit; and
(2) is the proprietor of a grocery store that is generally known as a convenience store or food mart as described in IC 7.1-1-3-18.5(a)(2);
shall report to the commission the amount of the applicant's establishment's annual gross sales of food.
(d) The information provided to the commission under subsections (b) and (c) regarding the amount of annual gross sales of food is confidential information and may not be disclosed to the public under IC 5-14-3. However, the commission may disclose the information:
(1) to the department of state revenue to verify the accuracy of the amount of annual gross sales of food reported to the commission under subsections (b) and (c); and
(2) in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of a discrepancy in the amount of annual gross sales discovered by the department of state revenue.
(e) The department of state revenue shall verify the accuracy of the reports provided to the commission under this section. The department of state revenue shall report to the commission any discrepancy that the department discovers between:
(1) the amount of annual gross sales of food that the permit holder has reported to the department; and
(2) the amount of annual gross sales of food that the permit holder has reported to the commission.
(f) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling its obligations under this section, the department of state revenue may provide to the commission confidential information. The commission shall maintain the confidentiality of information provided by the department of state revenue under this section. However, the commission may disclose the information in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of a discrepancy discovered by the department of state revenue under subsection (e).
As added by P.L.94-2008, SEC.30.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 6. Temporary, Dining Car, and Boat Beer Permits › 7.1-3-6-1. Temporary Beer Permits

Sec. 1. (a) Subject to sections 3.5 and 3.6 of this chapter, the commission may issue a temporary beer permit without publication of notice or investigation before a local board to a qualified person as provided in this chapter. In all other respects, a temporary beer permit shall be issued, revoked, and governed by the restrictions and limitations made in a provisional order or rule or regulation of the commission.
(b) The commission shall issue a temporary beer permit to an applicant if:
(1) the applicant submits an application for a temporary beer permit to the commission not later than five (5) business days before the event for which the permit is requested; and
(2) the applicant meets all requirements for a temporary beer permit.
(c) If authorized by the chairman or the chairman's designee, and at the commission's discretion, a temporary beer permit may be issued to an applicant that:
(1) submits an application for the temporary beer permit to the commission later than five (5) business days before the event for which the temporary beer permit is requested; and
(2) meets all requirements for a temporary beer permit.
[Pre-1973 Recodification Citation: 7-1-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.73-1996, SEC.1; P.L.196-2015, SEC.7.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 6. Temporary, Dining Car, and Boat Beer Permits › 7.1-3-6-2. Persons Eligible for Permits

Sec. 2. The commission may issue a temporary beer permit to a person who is qualified to hold a beer retailer's permit and who has such other qualifications as the commission may prescribe by a provisional order until it adopts a rule or regulation on the matter. However, the special disqualifications listed in IC 7.1-3-4-2(a)(4), IC 7.1-3-4-2(a)(9), and IC 7.1-3-4-2(a)(14) shall not apply to an applicant for a temporary beer permit.
[Pre-1973 Recodification Citation: 7-1-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.214-2016, SEC.4; P.L.285-2019, SEC.21; P.L.194-2021, SEC.34.