reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-8. Certain Interests Prohibited

Sec. 8. (a) The holder of an artisan distiller's permit, a distiller's permit, or a rectifier's permit may not own, acquire, or possess a permit to sell liquor at wholesale. A distiller or rectifier may not have an interest in the business of a permittee who is authorized to sell beer, liquor, or wine at:
(1) wholesale; or
(2) except as provided in IC 7.1-3-27-6, retail.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.12; P.L.159-2014, SEC.62; P.L.279-2019, SEC.12.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-9. Wholesaler's Interests Limited

Sec. 9. (a) It is unlawful for a person who has an interest in a beer wholesaler's permit to acquire, hold, own, or possess an interest of any type in a beer dealer's or retailer's permit.
(b) It is unlawful for a person who has an interest in a liquor wholesaler's permit to acquire, hold, own, or possess an interest of any type in a liquor dealer's or retailer's permit.
(c) A person who knowingly or intentionally violates subsection (a) or (b) commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-42(g).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.63.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-10. Retailer's Permittee Having Interest in Manufacturer's or Wholesaler's Permit

Sec. 10. (a) Except as provided in subsection (b), it is unlawful for a holder of a retailer's permit of any type to acquire, hold, own, or possess an interest of any type in a manufacturer's or wholesaler's permit of any type.
(b) It is lawful for a holder of a retailer's permit of any type to acquire, hold, own, or possess an interest of any type in any of the following:
(1) A brewer's permit issued under IC 7.1-3-2-2(b).
(2) An artisan distiller's permit issued under IC 7.1-3-27-2.
(3) A farm winery permit issued under IC 7.1-3-12-3.
(4) A distiller's permit under IC 7.1-3-7-1, if the holder of the distiller's permit also holds an interest in an artisan distiller's permit as described in IC 7.1-3-27-2.
(c) It is lawful for the holder of a food hall vendor's permit under IC 7.1-3-20-30 to acquire, hold, own, or possess an interest of any type in a brewer's permit issued under IC 7.1-3-2-2, a farm winery permit issued under IC 7.1-3-12-3, or an artisan distiller's permit issued under IC 7.1-3-27-2. However, it is unlawful and a violation of subsection (a) for the holder of a food hall master permit under IC 7.1-3-20-29 to have ownership or control in the farm winery permit, artisan distiller's permit, or brewer's permit or in the farm winery's, artisan distiller's, or the brewer's food hall vendor's permit.
(d) A person who knowingly or intentionally violates subsection (a) commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-42(g).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-2004, SEC.17; P.L.186-2011, SEC.13; P.L.71-2012, SEC.9; P.L.159-2014, SEC.64; P.L.70-2014, SEC.3; P.L.5-2015, SEC.20; P.L.79-2015, SEC.14; P.L.285-2019, SEC.63; P.L.279-2019, SEC.13; P.L.156-2020, SEC.32.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-11. Repealed

[Pre-1973 Recodification Citation: 7-1-1-42(g).]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-12. Use of Another's Warehouse Prohibited

Sec. 12. Use of Another's Warehouse Prohibited. It is unlawful for a holder of a brewer's permit, beer or liquor wholesaler's permit, or a beer or liquor retailer's permit, to own, operate, maintain on his own account, patronize, use, or employ a warehouse, storage, or depot, owned or operated by another person for the storage or keeping of an alcoholic beverage except at the plant or premises which is covered by his permit.
[Pre-1973 Recodification Citation: 7-1-1-42(i).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-13. Certain Interests Prohibited

Sec. 13. (a) A:
(1) proprietor of a drug store;
(2) corporation holding:
(A) an artisan distiller's permit;
(B) a distiller's permit;
(C) a brewer's permit;
(D) a wholesaler's permit; or
(E) a permit to retail or deal in alcoholic beverages; or
(3) wholesale drug company or a person who is the proprietor of a wholesale drug company;
may not own or control or participate in the permit of a package liquor store, or in its business, or in its establishment.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-20.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.13; P.L.159-2014, SEC.65; P.L.5-2015, SEC.21.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-14. Sale to Nonpermittee Prohibited

Sec. 14. (a) It is unlawful for the holder of a brewer's, distiller's, rectifier's, or a wholesaler's permit of any type to sell an alcoholic beverage to a person who does not hold an appropriate permit under this title, unless the sale is the sale of an alcoholic beverage to a consumer or employee as expressly authorized in this title.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(v).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.57; P.L.159-2014, SEC.66.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 9. Miscellaneous Prohibited Interests › 7.1-5-9-15. Manager's Questionnaire; Violations; Filing

Sec. 15. (a) The commission shall establish a manager's questionnaire for managers of licensed premises for the sale of alcoholic beverages.
(b) It is unlawful for a person to:
(1) manage; or
(2) buy when the transfer of the permit is contingent upon terms of a contract or an agreement;
a licensed premises for the sale of alcoholic beverages, unless the person has filed a valid manager's questionnaire with the commission.
(c) The filing of a manager's questionnaire under this section:
(1) is in addition to other requirements for managers under this title; and
(2) does not exempt the filer from IC 7.1-5-6-3.
(d) A person who knowingly or intentionally violates subsection (b) commits a Class B misdemeanor.
As added by P.L.52-1992, SEC.11. Amended by P.L.159-2014, SEC.67.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The addition of section 15.5 of this chapter by P.L.80-1986 does not apply to actions accruing before April 1, 1986.
As added by P.L.220-2011, SEC.180.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-1. Times When Sales Unlawful

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-2. Unauthorized Sales Prohibited

Sec. 2. (a) It is unlawful for a permittee to recklessly sell, keep for sale, barter, furnish, or give away an alcoholic beverage which the permittee is not entitled to sell, keep for sale, barter, furnish, or give away under the permit.
(b) A person who violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-32(4).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.715; P.L.159-2014, SEC.69.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-3. Unauthorized Dealings Prohibited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-4. Sale of Untaxed Alcoholic Beverages Prohibited

Sec. 4. (a) It is unlawful for a person to recklessly sell, give, withdraw for sale or gift, offer for sale, display, barter, exchange, purchase, receive, possess, transport, or store an alcoholic beverage upon which the appropriate excise tax and applicable license fee have not been paid.
(b) A person who violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-41(a), (b), (d), (e).]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.35. As amended by Acts 1978, P.L.2, SEC.717; P.L.159-2014, SEC.71.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-5. Sale Without Permit Prohibited

Sec. 5. (a) It is unlawful for a person, except as otherwise permitted by this title, to knowingly or intentionally purchase, receive, manufacture, import, or transport, or cause to be imported or transported from another state, territory, or country, into this state, or transport, ship, barter, give away, exchange, furnish, or otherwise handle, or dispose of an alcoholic beverage, or to possess an alcoholic beverage for purpose of sale.
(b) It is unlawful for a person to receive or acquire an alcoholic beverage from a person that the person knows does not hold, unrevoked, the appropriate permit under this title to sell, deliver, furnish, or give the alcoholic beverage to the person.
(c) A person who violates subsection (a) or (b) commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(a).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.72.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-6. Sale of Adulterated or Misbranded Beverage Prohibited

Sec. 6. (a) It is unlawful for a person to sell, offer or expose for sale, or have in the person's possession with intent to sell, an alcoholic beverage that is adulterated or misbranded.
(b) It is unlawful for a person to alter or change a brand, label, mark, design, device, or inscription that has reference to the kind, brand, age, quality, quantity, or other description of the alcoholic beverage contents of a bottle or container.
(c) The possession of an adulterated or misbranded alcoholic beverage by a permittee, or other person engaged in the manufacture or traffic in alcoholic beverages, is prima facie evidence of knowledge of the misbranding or adulteration and of an intent to violate a provision of this section.
(d) The possession by a permittee, or other person engaged in the alcoholic beverage traffic, of a bottle or container used, or intended to be used, for containing an alcoholic beverage on which a label, brand, mark, design, or device has been altered or changed is prima facie evidence of an intent to violate a provision of this section.
(e) A person who violates subsection (a) or knowingly or intentionally violates subsection (b) commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(b).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.73.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-7. Purchase From Non-Permittee Prohibited

Sec. 7. Purchase from Non-Permittee Prohibited. It is a Class C infraction for a person knowingly to purchase, or to agree to purchase, an alcoholic beverage from a person who does not at the time of the purchase hold a permit authorizing the seller to sell, or agree to sell, the alcoholic beverage to the purchaser.
[Pre-1973 Recodification Citations: 7-1-1-33(c); 7-1-1-33(w).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.718.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-8. Solicitation of Certain Orders Prohibited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-9. Alcoholic Content Regulation

Sec. 9. (a) It is unlawful, except as otherwise authorized in this title, for a person to sell, give away, barter, furnish, or exchange, or to possess or keep for a prohibited purpose, alcohol as a beverage, or a beverage or liquid likely to be used or intended to be used as a beverage, which has a content of alcohol that is higher than is permitted by the rules of the commission.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(n).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.75.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-10. Huckstering Prohibited

Sec. 10. Huckstering Prohibited. It is a Class C misdemeanor for a permittee to recklessly deliver an alcoholic beverage to a consumer without an order for it, or to recklessly huckster or peddle an alcoholic beverage to a person who is not a permittee.
[Pre-1973 Recodification Citation: 7-1-1-42(r), (t).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.719.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-11. Sale of Cold Beer Prohibited

Sec. 11. (a) It is unlawful for the holder of a beer dealer's permit to offer or display for sale, or sell, barter, exchange or give away a bottle, can, container, or package of beer that was iced or cooled by the permittee before or at the time of the sale, exchange, or gift.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.76.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-12. Credit Sales Prohibited; Exceptions

Sec. 12. (a) Except as provided in subsections (b) through (d) and subsection (g), it is unlawful for a permittee to sell, offer to sell, purchase or receive, an alcoholic beverage for anything other than cash. A permittee who extends credit in violation of this section shall have no right of action on the claim.
(b) A permittee may credit to a purchaser the actual price charged for a package or an original container returned by the original purchaser as a credit on a sale and refund to a purchaser the amount paid by the purchaser for a container, or as a deposit on a container, if it is returned to the permittee.
(c) A manufacturer may extend usual and customary credit for alcoholic beverages sold to a customer who maintains a place of business outside this state when the alcoholic beverages are actually shipped to a point outside this state.
(d) An artisan distiller, a distiller, a farm winery, or a liquor or wine wholesaler may extend credit on liquor, flavored malt beverages, and wine sold to a permittee for a period of fifteen (15) days from the date of invoice, date of invoice included. However, if the fifteen (15) day period passes without payment in full, the:
(1) wholesaler;
(2) farm winery that sells and delivers under IC 7.1-3-12-5(a)(14); or
(3) artisan distillery that sells and delivers under IC 7.1-3-27-8(a)(11);
shall sell to that permittee on a cash on delivery basis only.
(e) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
(f) Nothing in this section may be construed to prohibit a hotel, restaurant, caterer, or a club that is not open to the general public from extending credit to a consumer purchasing alcohol for personal use at any time.
(g) Nothing in this section may be construed to prohibit a retailer or dealer from accepting a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card;
from a consumer purchasing alcohol for personal use.
[Pre-1973 Recodification Citation: 7-1-2-1.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.23; P.L.109-2013, SEC.14; P.L.159-2014, SEC.77; P.L.234-2017, SEC.5; P.L.285-2019, SEC.64; P.L.156-2020, SEC.33; P.L.194-2021, SEC.65.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-13. Cashing of Certain Checks Prohibited

Sec. 13. (a) A permittee who holds a permit to sell at retail shall not cash a check issued by the division of family and children or by a charitable organization if any part of the proceeds of the check are to be used to purchase an alcoholic beverage.
(b) A permittee who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-2-1.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.16-1986, SEC.5; P.L.4-1993, SEC.12; P.L.5-1993, SEC.24; P.L.146-2008, SEC.360; P.L.44-2009, SEC.3; P.L.159-2014, SEC.78.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-14. Repealed

[Pre-1973 Recodification Citation: 7-1-1-32(10).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.720. Repealed by P.L.159-2014, SEC.79.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-15. Sale to Intoxicated Person Prohibited

Sec. 15. (a) A person who, knowing that another person is intoxicated, sells, barters, delivers, or gives away an alcoholic beverage to the intoxicated person commits a Class B misdemeanor.
(b) In any civil proceeding in which damages are sought from a permittee or a permittee's agent for the refusal to serve a person an alcoholic beverage, it is a complete defense if the permittee or agent reasonably believed that the person was intoxicated or was otherwise not entitled to be served an alcoholic beverage.
(c) After charges have been filed against a person for a violation of subsection (a), the prosecuting attorney shall notify the commission of the charges filed.
[Pre-1973 Recodification Citation: 7-1-1-32(15).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.721; P.L.86-1985, SEC.1; P.L.125-2000, SEC.4; P.L.159-2014, SEC.80.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-15.5. Person Furnishing Alcoholic Beverage; Civil Liability for Damages; "Furnish" Defined

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-16. Repealed

[Pre-1973 Recodification Citation: 7-1-1-32(17).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.722. Repealed by P.L.159-2014, SEC.81.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-17. Repealed

[Pre-1973 Recodification Citation: 7-3-6-2.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.723. Repealed by P.L.28-2014, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-18. Repealed

[Pre-1973 Recodification Citation: 7-1-1-14.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.82.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-19. Repealed

[Pre-1973 Recodification Citation: 7-1-1-15.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.83.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-20. Unlawful Acts by Retailers

Sec. 20. (a) It is unlawful for a holder of a retailer's permit to do any of the following:
(1) Sell alcoholic beverages during a portion of the day at a price that is reduced from the usual, customary, or established price that the permittee charges during the remainder of that day.
(2) Furnish two (2) or more servings of an alcoholic beverage upon the placing of an order for one (1) serving to one (1) person for that person's personal consumption.
(3) Charge a single price for the required purchase of two (2) or more servings of an alcoholic beverage.
(b) Subsection (a) applies to private clubs but does not apply to private functions that are not open to the public.
(c) Notwithstanding subsection (a)(1), it is lawful for a holder of a retailer's permit to sell alcoholic beverages during a portion of the day at a price that is increased from the usual, customary, or established price that the permittee charges during the remainder of that day as long as the price increase is charged when the permittee provides paid live entertainment not incidental to the services customarily provided.
(d) Notwithstanding subsection (a) and IC 7.1-5-5-7, it is lawful for a hotel, in an area of the hotel in which alcoholic beverages are not sold, to make available to its registered guests and their guests alcoholic beverages at no additional charge beyond what is to be paid by the registered guests as the room rate.
(e) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
As added by P.L.86-1985, SEC.2. Amended by P.L.79-1986, SEC.5; P.L.159-2014, SEC.84; P.L.234-2017, SEC.6.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-21. Repealed

As added by P.L.176-1986, SEC.3. Amended by P.L.158-2013, SEC.128. Repealed by P.L.59-2016, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-22. Unlawful Sale of Flavored Malt Beverage

Sec. 22. (a) It is unlawful for a retailer or dealer to sell a flavored malt beverage except under the same conditions that a retailer or dealer is permitted to sell beer or other alcoholic beverages obtained by the fermentation of an infusion or decoction of barley malt or other cereal and hops in water.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
As added by P.L.72-1996, SEC.24. Amended by P.L.159-2014, SEC.85.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-23. Purchases for Consumption Off the Licensed Premises; Proof of Age

Sec. 23. It is a Class C infraction for a permittee or an employee or agent of a permittee to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish another person who is or reasonably appears to be less than forty (40) years of age an alcoholic beverage for consumption off the licensed premises without first requiring the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the person is at least twenty-one (21) years of age.
As added by P.L.10-2010, SEC.12. Amended by P.L.216-2011, SEC.3; P.L.32-2019, SEC.16.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-24. Restrictions for Certain Restaurants and Drug Stores or Grocery Stores Located in the Same Building

Sec. 24. (a) This section does not apply to the licensed premises of a drug store, grocery store, or restaurant to which the following apply:
(1) A person has, as of July 1, 2015, an application on file with the commission for a:
(A) dealer's permit for the drug store or grocery store; and
(B) retailer's permit for the restaurant.
(2) The licensed premises of the:
(A) drug store or grocery store; and
(B) restaurant;
as described in the permit applications, are located in the same building.
(b) If:
(1) a person has an interest in:
(A) a dealer's permit for a drug store or grocery store; and
(B) a retailer's permit for a restaurant; and
(2) the licensed premises of the drug store or grocery store and the restaurant are located in the same building;
the licensed premises of the drug store or grocery store and the licensed premises of the restaurant must be completely separated by a wall and have separate entrances.
As added by P.L.196-2015, SEC.21.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 10. Unlawful Sales › 7.1-5-10-25. Alcoholic Beverages Sold for Carryout Prohibited for Certain Restaurants

Sec. 25. If:
(1) a person has an interest in:
(A) a dealer's permit for a drug store or grocery store; and
(B) a retailer's permit for a restaurant; and
(2) the licensed premises of the drug store or grocery store and the restaurant are located in the same building;
beer, wine, and liquor may not be sold for carryout from the licensed premises of the restaurant.
As added by P.L.196-2015, SEC.22.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-1. Importation Limited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-1.5. Shipments of Alcoholic Beverages to Residents Without Valid Wholesaler Permits; Violations

Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is unlawful for a person in the business of selling alcoholic beverages in Indiana or outside Indiana to ship or cause to be shipped an alcoholic beverage directly to a person in Indiana who does not hold a valid wholesaler permit under this title. This includes the ordering and selling of alcoholic beverages over a computer network (as defined by IC 35-43-2-3(a)).
(b) An in-state or an out-of-state vintner, distiller, brewer, rectifier, or importer that:
(1) holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives; and
(2) knowingly violates subsection (a);
commits a Class A misdemeanor.
(c) A person who is not an in-state or an out-of-state vintner, distiller, brewer, rectifier, or importer that holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives who knowingly violates subsection (a) commits a Level 6 felony.
(d) Upon a determination by the commission that a person has violated subsection (a), a wholesaler may not accept a shipment of alcoholic beverages from the person for a period of up to one (1) year as determined by the commission.
(e) If the chairman of the alcohol and tobacco commission or the attorney general determines that a vintner, distiller, brewer, rectifier, or importer that holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has made an illegal shipment of an alcoholic beverage to consumers in Indiana, the chairman shall:
(1) notify the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in writing and by certified mail of the official determination that state law has been violated; and
(2) request the federal bureau to take appropriate action.
(f) The commission shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.121-1998, SEC.2. Amended by P.L.165-2006, SEC.38; P.L.159-2014, SEC.87.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-2. Transportation Limited

Sec. 2. (a) It is unlawful for a carrier who is required to obtain a carrier's alcoholic permit by IC 7.1-3-18 to transport alcoholic beverages over or along a public highway within this state unless the carrier has applied for a carrier's alcoholic permit and been issued:
(1) a carrier's alcoholic permit; or
(2) specific authorization from the commission to transport alcoholic beverages on a public highway under rules adopted by the commission.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.88.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-3. Transportation in Non-Registered Vehicles Prohibited

Sec. 3. (a) It is unlawful for the holder of a carrier's alcoholic permit to import or transport alcoholic beverages in a vehicle that has not been registered with the commission as required by this title.
(b) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.89.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-4. Deliveries Limited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-5. Transportation of Untaxed Beverage Prohibited; Exemptions

Sec. 5. (a) This section does not apply to a permittee, or a licensed carrier for a permittee, who is lawfully entitled to hold or possess an alcoholic beverage without the payment of the excise tax on the alcoholic beverage before the time the alcoholic beverage is withdrawn for sale.
(b) A person who transports an alcoholic beverage on a public highway, knowing that any of the taxes due the state on it have not been paid, commits a Level 6 felony.
[Pre-1973 Recodification Citation: 7-1-1-32(18).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.725; P.L.1-1999, SEC.20; P.L.158-2013, SEC.129; P.L.159-2014, SEC.91.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-6. Devious Transportation Prohibited

Sec. 6. (a) It is unlawful for a person to use or employ, or agree to use or employ, a method of transportation, or device, or fictitious name, or fictitious routing, or to enter into a scheme or method of transportation, or to resort to a trick or device, with the intent to evade, avoid, or defeat the collection of a tax imposed by this title, or to evade or prevent the enforcement of a provision of this title.
(b) A person who violates this section commits a Class A misdemeanor. However, the offense is a Level 6 felony if the amount of tax is at least seven hundred fifty dollars ($750).
[Pre-1973 Recodification Citation: 7-1-1-33(f).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.92.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-7. False Shipments Prohibited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-8. Delivery to Non-Consignee Prohibited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-9. Violation of Transportation Contract Prohibited

Sec. 9. (a) It is unlawful for a carrier or a person acting or assuming to act for a carrier, to deliver an alcoholic beverage in this state to a person, or at a place, other than the person, or place, or both, designated in the bill of lading or transportation contract.
(b) It is unlawful for a person to accept for transportation a shipment containing an alcoholic beverage, knowing that the shipment is intended for a person not permitted to receive it under the provisions of this title, or under a rule of the commission.
(c) A person who knowingly or intentionally violates subsection (a), or who violates subsection (b), commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(1).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.95.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-10. Transportation of Liquor Limited

Sec. 10. (a) This section applies only if the commission has adopted a rule requiring a mark or label of identification to be displayed on the outside of a package containing liquor.
(b) It is unlawful for a person to transport liquor or cause it to be transported upon a public highway into this state from another state, territory, or country, or to transport or cause it to be transported along or over a public highway in this state, unless there is displayed on the outside of the package, in plain view, a mark or label of identification required by a rule adopted by the commission.
(c) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(o).]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.36. As amended by P.L.159-2014, SEC.96.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-11. Bill of Lading or Other Evidence of Ownership Required

Sec. 11. (a) It is unlawful for a person to transport into this state upon a public highway of this state, an alcoholic beverage from another state, territory, or country, unless the person accompanying, or in charge of the shipment, has present and available for exhibition:
(1) a bill of lading; or
(2) other evidence of ownership or shipment authorized by a rule adopted by the commission.
(b) It is unlawful for a person to refuse to exhibit, or permit to be read or examined, the bill of lading or other evidence of ownership or shipment upon a lawful demand of the chairman, or of a police officer of the state, or of a governmental subdivision of it.
(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(p).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.97.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-12. Use of Highway for Evasion Prohibited

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-13. Recordkeeping Required

Sec. 13. (a) A railroad company, an express company, and a common carrier shall keep in the office at which delivery of an alcoholic beverage to a consignee is made, a separate record in which shall be entered the information required by this title for the shipment of an alcoholic beverage.
(b) This record shall be open to the inspection of the chairman.
(c) An agent, officer, or employee of a railroad company, express company, or common carrier who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(t).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.99.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-14. False Statement Prohibited

Sec. 14. (a) It is unlawful for a person to make a false statement to a railroad, express, or transportation company for the purpose of obtaining an alcoholic beverage.
(b) It is unlawful for a person to make a false statement to a person engaged in the business of transporting goods, wares, and merchandise for the purpose of obtaining the shipment, transportation, or delivery of an alcoholic beverage.
(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(u).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.100.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-15. Transportation of Unowned Goods Limited

Sec. 15. (a) This section does not apply to the shipment of an alcoholic beverage from another state in continuous transit through this state into another state unless the shipment is intended to evade a provision of this title.
(b) This section does not prohibit a person, other than a permittee, from bringing into this state a quantity of:
(1) wine not exceeding eighteen (18) liters; or
(2) liquor not exceeding one (1) quart;
if the person is a traveler in the ordinary course of travel and if it is not intended for sale to another person.
(c) It is unlawful for a person to import or transport an alcoholic beverage that is not at that time the absolute property of an authorized permittee under this title.
(d) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-42(a).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.165-2006, SEC.39; P.L.159-2014, SEC.101.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 11. Unlawful Transportation › 7.1-5-11-16. Transportation to Retailer or Dealer on Sunday Prohibited

Sec. 16. It is a Class C misdemeanor for a person to knowingly or intentionally deliver or transport an alcoholic beverage to the holder of a retailer's or dealer's permit of any type, except a temporary beer or wine permit, on Sunday.
[Pre-1973 Recodification Citation: 7-1-1-42(q), (t).]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.9. As amended by Acts 1978, P.L.2, SEC.726; P.L.159-2014, SEC.102.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-0.5. "Ashtray"

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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-1. "Place of Employment"

Sec. 1. As used in this chapter, "place of employment" means an enclosed area of a structure that is a place of employment. The term does not include a private vehicle.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-2. "Public Place"

Sec. 2. As used in this chapter, "public place" means an enclosed area of a structure in which the public is invited or permitted.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-3. "Smoking"

Sec. 3. As used in this chapter, "smoking" means the:
(1) carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or
(2) inhalation or exhalation of smoke from lighted tobacco smoking equipment.
As added by P.L.141-2012, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-4. Places Smoking Is Prohibited; Duties of Employers and Person in Charge of a Place of Employment or Public Place

Sec. 4. (a) Except as provided in section 5 of this chapter, smoking is prohibited in the following:
(1) A public place.
(2) A place of employment.
(3) A vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function.
(4) The area within eight (8) feet of a public entrance to:
(A) a public place; or
(B) a place of employment.
(b) An employer shall inform each of the employer's employees and prospective employees of the smoking prohibition applying to the place of employment.
(c) An owner, operator, manager, or official in charge of a public place or place of employment shall remove ashtrays or other smoking paraphernalia from areas of the public place or place of employment where smoking is prohibited under this chapter. However, this subsection does not prohibit the display of ashtrays or other smoking paraphernalia that are intended only for retail sale.
(d) This subsection does not apply to an owner, an operator, a manager, or an official in charge of a public place or place of employment in which smoking is allowed under section 5 of this chapter. An owner, operator, manager, or official in charge of a public place or place of employment shall post conspicuous signs at each public entrance that read "State Law Prohibits Smoking Within 8 Feet of this Entrance" or other similar language.
As added by P.L.141-2012, SEC.2. Amended by P.L.70-2014, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 5. Crimes and Infractions › Chapter 12. Prohibition on Smoking › 7.1-5-12-6. Enforcement

Sec. 6. (a) The commission shall enforce this chapter.
(b) This chapter may also be enforced by:
(1) the Indiana department of health established by IC 16-19-1-1;
(2) a local health department, as defined in IC 16-18-2-211;
(3) a health and hospital corporation established by IC 16-22-8-6;
(4) the department of homeland security established by IC 10-19-2-1; and
(5) a law enforcement officer;
in cooperation with the commission.
(c) The commission, the Indiana department of health, a local health department, a health and hospital corporation, the department of homeland security, or a law enforcement officer may inspect premises that are subject to this chapter to ensure that the person responsible for the premises is in compliance with this chapter.
As added by P.L.141-2012, SEC.2. Amended by P.L.187-2021, SEC.8; P.L.56-2023, SEC.46.