reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 5 - Standards for the Competent Practice of Athletic Training › Section 5-1 - Regulatory compliance

Current through July 10, 2024
Authority: IC  25-5.1-2-6
Affected: IC  25-1-9; IC 25-5.1
Sec. 1.
(a) A licensed athletic trainer must be familiar with and adhere to all rules and standards for the competent practice of athletic training as established by the board.
(b) A licensed athletic trainer must educate those whom they supervise in the practice of athletic training with regard to the standards of competent practice of athletic training and encourage their adherence to the standards.
(c) A licensed athletic trainer must not present false information to the board on any application or other document or in any investigation or proceeding pending before the board.
(d) A licensed athletic trainer must develop a plan for care for each athlete/patient and shall be responsible for the plan implementation and modification. The licensed athletic trainer shall consult with the referring practitioner regarding any contraindicated or unjustified treatment.
(e) A licensed athletic trainer must take reasonable action to inform the supervising medical doctor, osteopath, podiatrist, or chiropractor in cases where an athlete's physical status indicates a change in medical status.
(f) A licensed athletic trainer must provide athletic training services without discrimination based upon race, creed, sex, religion, national origin, age, athletic ability, disease entity, social status, handicap, or financial status.
(g) A licensed athletic trainer must preserve the confidentialities of privileged information to a third party not involved in the athlete's/patient's care unless the athlete/patient consents to such release or release is permitted or required by law.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 5 - Standards for the Competent Practice of Athletic Training › Section 5-2 - Professionalism

Current through July 10, 2024
Authority: IC  25-5.1-2-6
Affected: IC  25-1-9; IC 25-5.1
Sec. 2.
(a) A licensed athletic trainer must not misrepresent any qualifications or credentials.
(b) A licensed athletic trainer must maintain knowledge and skills required for continuing professional competence.
(c) A licensed athletic trainer must exercise reasonable care and diligence in the treatment of athletes/patients based upon generally accepted scientific principles, methods, and treatments and current professional theory and practice.
(d) A licensed athletic trainer must be responsible for the conduct of student athletic trainers supervised by the licensed athletic trainer for every action or failure to act by the student athletic trainer in the course of the supervisory relationship.
(e) A licensed athletic trainer must not make any false or misleading claims about the efficacy of any athletic training care.
(f) A licensed athletic trainer who has personal knowledge based upon a reasonable belief that another licensed athletic trainer has engaged in illegal, unlawful, incompetent, or fraudulent conduct in the practice of athletic training shall promptly report such conduct to the consumer protection division of the office of the attorney general.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 5 - Standards for the Competent Practice of Athletic Training › Section 5-3 - Financial gain

Current through July 10, 2024
Authority: IC  25-5.1-2-6
Affected: IC  25-1-9; IC 25-5.1
Sec. 3.
(a) A licensed athletic trainer may seek remuneration for his or her services that is commensurate with the services and is in compliance with applicable law.
(b) A licensed athletic trainer must not place financial gain above the welfare of the athlete/patient being treated and shall not participate in any arrangement that exploits the athlete/patient.
(c) A licensed athletic trainer must not promote or endorse products in a manner that is false or misleading.
(d) A licensed athletic trainer must disclose to an athlete/patient any interest in commercial enterprises that the licensed athletic trainer promotes to athletes for the purpose of personal gain or profit.
(e) A licensed athletic trainer must not provide services, make referrals, or seek compensation for services that are not necessary.
(f) A licensed athletic trainer must not receive or give a commission or rebate or any other form of remuneration for the referral of athletes/patients for professional services.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 5 - Standards for the Competent Practice of Athletic Training › Section 5-4 - Sportsmanship

Current through July 10, 2024
Authority: IC  25-5.1-2-6
Affected: IC  25-1-9; IC 25-5.1
Sec. 4.
(a) A licensed athletic trainer must support, encourage, and condone good sportsmanship.
(b) A licensed athletic trainer must not influence or attempt to influence the outcome or score of an athletic event.
(c) A licensed athletic trainer must not wager on any athletic event that may detrimentally affect the licensed athletic trainer's ability to practice competently as determined by the board.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 6 - Continuing Education › Section 6-1 - Continuing education

Current through July 10, 2024
Authority: IC  25-5.1-2-6
Affected: IC 25-5.1
Sec. 1.
(a) A holder of a license issued under IC 25-5.1 shall be required to complete fifty (50) units of BOC approved continuing education for each biennial renewal period. One (1) unit of continuing education is equal to one (1) clock hour.
(b) If the license holder has been licensed for less than one (1) full year at the time of their first renewal, they shall be required to complete twenty-five (25) units of BOC approved continuing education. If the license holder has been licensed for less than six (6) months at the time of their first renewal, they shall not be required to complete the continuing education requirement.
(c) Continuing education:
(1) must be obtained within the biennial renewal period in which the licensee is applying for; and
(2) may not be carried over from one (1) biennial renewal period to another.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-1 - Scope

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 25-1-1.1-6; IC 25-5.1
Sec. 1.
This rule implements IC 25-1-1.1-6 regarding convictions of
				  concern, which may disqualify an individual for licensure by the Indiana
				  athletic trainers board, and includes in section 4 of this rule an explicit
				  list of convictions of concern that may disqualify an individual from receiving
				  a license.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-2 - Issuance of license

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 25-1-1.1-6; IC 25-5.1
Sec. 2.
An applicant for licensure who has a conviction of concern
				  may still be granted a license based on the criteria stated in IC
				  25-1-1.1-6(h).
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-3 - Authority to issue license on probation

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 25-1-1.1-6; IC 25-1-9-16; IC 25-5.1
Sec. 3.
This rule and IC 25-1-1.1-6 do not limit the authority of
				  the board to issue a license on probation if appropriate under IC 25-1-9-16 or
				  any other applicable statute.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-4 - Convictions of concern

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 6-3-6-11; IC 7.1-5-1-3; IC 7.1-5-7-8; IC
				  9-26-1-1.1; IC 9-30-5-4; IC 9-30-5-5; IC 11-8-8-17; IC 11-8-8-18; IC
				  12-17.2-5-1; IC 12-24-17-3; IC 12-24-17-7; IC 16-36-5-27; IC 16-36-5-28; IC
				  16-42-19; IC 23-0.5-2-9; IC 23-19-5-2; IC 25; IC 31-33-22; IC 31-34-2.3-7; IC
				  31-34-2.3-8; IC 35
Sec. 4.
The following are convictions of concern:
(1) Crimes involving sexual acts that can be
				considered without respect to age of conviction are as follows:
(A) Child molesting (IC 35-42-4-3).
(B) Child seduction (IC 35-42-4-7).
(C) Criminal deviate conduct (IC 35-42-4-2)
				(before its repeal).
(D) Incest (IC
				35-46-1-3).
(E) Making an unlawful
				proposition (IC 35-45-4-3).
(F)
				Prostitution (IC 35-45-4-2).
(G)
				Rape (IC 35-42-4-1).
(H) Sexual
				misconduct with a minor (IC 35-42-4-9(a)).
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-5 - Convictions in another jurisdiction

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 25-1-1.1-6; IC 25-5.1
Sec. 5.
A crime in any other jurisdiction for which the elements of
				  the crime for which conviction was entered are substantially similar to the
				  elements of a crime included on the list in section 4 of this rule shall also
				  be a crime that may disqualify an individual from receiving a license and
				  therefore included on the list.
Indiana Administrative Code › Title 898 - INDIANA ATHLETIC TRAINERS BOARD › Article 1 - ATHLETIC TRAINERS; LICENSURE › Rule 7 - Convictions of Concern › Section 7-6 - Prelicensure determinations; fee

Current through July 10, 2024
Authority: IC 25-1-1.1-6; IC 25-5.1-2-6
Affected: IC 25-1-1.1-6
Sec. 6.
The fee for a petition under IC 25-1-1.1-6(g) for a
				  determination as to whether the individual's misdemeanor or felony conviction
				  may disqualify the individual from receiving a license shall be twenty-five
				  dollars ($25).
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 1 - Definitions › Section 1-1 - Applicability

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-1-3; IC 7.1-2; IC
				  7.1-3
Sec. 1.
The following definitions apply throughout this article and
				  shall be interpreted in accordance with the definitions as set forth in IC
				  7.1:
(1) "Alcoholic beverage laws"
				refers to IC 7.1 and this title.
(2) "Applicant" has the meaning set forth in
				IC 7.1-1-3-5.5.
(3) "Commission" refers to the Indiana
				alcohol and tobacco commission established under IC
				7.1-2-1-1.
(4) "Commissioner" refers to a member of the
				Indiana alcohol and tobacco commission appointed by the governor under IC
				7.1-2-1-3.
(5) "Dealer" or "dealer permittee" refers to
				a beer dealer permitted under IC
				7.1-3-5, a liquor dealer
				permitted under IC
				7.1-3-10, or a wine dealer
				permitted under IC
				7.1-3-15.
(6) "Enforcement officer" or "excise officer"
				refers to a member of the Indiana state excise police established under IC
				7.1-2-2-8.
(7) "Indiana alcoholic beverage commission"
				refers to the Indiana alcohol and tobacco commission established under IC
				7.1-2-1-1.
(8) "Licensed premises" has the meaning set
				forth in IC
				7.1-1-3-20.
(9) "Local board" refers to the local
				alcoholic beverage board created in each county under IC
				7.1-2-4-1.
(10) "Manufacturer" refers to a person or
				entity that manufactures or produces alcohol or alcoholic beverages, including
				an artisan distiller, brewer, distiller, farm winery, farm winery brandy
				distiller, or rectifier.
(11)
				"Minor" has the meaning set forth in IC
				7.1-1-3-25.
(12) "Permit" has the meaning set forth in IC
				7.1-1-3-29.
(13) "Permittee" or "permit holder" has the
				meaning set forth in IC
				7.1-1-3-30.
(14) "Primary source of supply" has the
				meaning set forth in IC
				7.1-1-3-32.5.
(15) "Prosecutor" refers to the prosecutor
				appointed under IC
				7.1-2-2-2 who is responsible for
				prosecuting violations of all applicable laws, rules, and regulations before
				the commission.
(16) "Remonstrator"
				means a person who appeared personally or by counsel to remonstrate against a
				permit application at a local board hearing, and provided their identity to the
				local board by stating their name and address or telephone number to the local
				board at the hearing.
(17)
				"Restaurant" has the meaning set forth in IC
				7.1-1-3-40 and refers to an
				establishment that meets the requirements under IC
				7.1-3-20-9.
(18) "Retailer" or "retail permittee" refers
				to a beer retailer permitted under IC
				7.1-3-4, a liquor retailer
				permitted under IC
				7.1-3-9, or a wine retailer
				permitted under IC
				7.1-3-14.
(19) "Wholesaler" refers to a beer wholesaler
				permitted under IC
				7.1-3-3, a liquor wholesaler
				permitted under IC
				7.1-3-8, or a wine wholesaler
				permitted under IC
				7.1-3-13.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-1 - General

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 1.
(a) Except
				as provided in 905 IAC 1-5.2, it is unlawful for any primary source of supply
				or wholesaler to induce, directly or indirectly, any retailer or dealer to
				purchase any alcoholic beverages from a primary source of supply or wholesaler
				to the exclusion, in whole or in part, of alcoholic beverages sold or offered
				for sale by another primary source of supply or wholesaler by doing any of the
				acts in this section. Except as provided in 905 IAC 1-5.2, it is also unlawful
				for any retailer or dealer to purchase, or offer to purchase, any alcoholic
				beverages from a primary source of supply or wholesaler to the exclusion, in
				whole or in part, of alcoholic beverages sold or offered for sale by another
				primary source of supply or wholesaler, if the selling primary source of supply
				or wholesaler has done, or is requested by the retailer or dealer to do, any of
				the following:
(1) Acquiring or holding any
				interest in any retailer or dealer permit except as permitted by IC
				7.1-3-10-12.
(2) Acquiring any
				interest in real or personal property owned, occupied, or used by the retailer
				or dealer in the conduct of its alcoholic beverage business, except to the
				extent a lien or other security interest is acquired to secure payment of goods
				sold on credit if such credit is permissible under IC 7.1.
(3) Furnishing, giving, renting, lending, or
				selling to the retailer or dealer, any equipment, fixtures, supplies, money,
				services, or other things of value subject to the exceptions contained in 905
				IAC 1-5.2.
(4) Paying or crediting
				the retailer or dealer for any advertising, display, or distribution
				service.
(5) Guaranteeing any loan
				or the repayment of any financial obligation of the retailer or
				dealer.
(6) Requiring the retailer
				or dealer to take and dispose of a certain quota of any alcoholic
				beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-2 - Mortgages

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1
Sec. 2.
A primary source of supply's or wholesaler's acquisition of
				  a mortgage on any of the real or personal property a retailer or dealer uses in
				  its alcoholic beverage business is a prohibited interest in the retailer's or
				  dealer's property, except to the extent a lien or other security interest is
				  acquired to secure payment of goods sold on credit if such credit is
				  permissible under IC 7.1.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-3 - Renting display or advertising space

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 3.
(a) No
				primary source of supply, wholesaler, or salesman shall rent or offer to rent
				display space or rent display space as a promotion at a retailer's or dealer's
				premises.
(b) No retailer or dealer
				shall rent or offer to rent at its premises any display space or rent display
				space as a promotion to a primary source of supply, wholesaler, or
				salesman.
(c) No primary source of
				supply, wholesaler, or salesman shall rent or offer to rent, directly or
				indirectly, any advertising space within the interior or exterior of a
				retailer's or dealer's premises.
(d) No retailer or dealer shall rent or offer
				to rent, directly or indirectly, any advertising space within the interior or
				exterior of its premises to any primary source of supply, wholesaler, or
				salesman.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-4 - Free warehousing

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 4.
The furnishing of free warehousing by delaying delivery of
				  alcoholic beverages beyond the time that payment for the alcoholic beverages is
				  received, or, if a retailer or dealer is purchasing on credit, delaying final
				  delivery of alcoholic beverages beyond the close of the period of time for
				  which credit is lawfully extended, is the furnishing of a prohibited service or
				  thing of value.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-5 - Assistance in acquiring permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 5.
No primary source of supply, wholesaler, or salesman shall
				  assist or offer to assist, directly or indirectly, any retailer or dealer
				  permittee in the preparation or processing of any alcoholic beverage permit
				  application, tax return, legal document, or paper of any kind or character, or
				  render any direct or indirect financial or legal assistance to a retailer or
				  dealer permittee in the acquisition of a permit. These acts are considered the
				  furnishing of a prohibited service or thing of value.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-6 - Outside signs

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 6.
The furnishing of outside signs to retailers or dealers
				  advertising the retailer's or dealer's premises by a primary source of supply
				  or wholesaler is the furnishing of a thing of value and is prohibited.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-7 - Cooperative advertising

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 7.
An arrangement in which a primary source of supply or
				  wholesaler participates with a retailer or dealer in paying for an
				  advertisement of the retailer or dealer constitutes paying the retailer or
				  dealer for advertising and is prohibited.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-8 - Display service

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 8.
Primary source of supply or wholesaler reimbursement to
				  retailers or dealers for setting up product or other displays constitutes a
				  prohibited payment to the retailer or dealer for rendering a display
				  service.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-9 - Guaranteeing loans

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 9.
A primary source of supply or wholesaler is prohibited from
				  guaranteeing any loan or the repayment of any financial obligation of a
				  retailer or dealer.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-10 - Quota sales

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 10.
A primary source of supply or wholesaler is prohibited from
				  requiring a retailer or dealer to take and dispose of any quota of alcoholic
				  beverages. Bona fide quantity discounts shall not be deemed to be quota sales.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-11 - Tie-in sales

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 11.
A requirement that a retailer or dealer purchase one (1)
				  product in order to purchase another is prohibited. This includes combination
				  sales if one (1) or more products may be purchased only in combination with
				  other products and not individually. However, a primary source of supply or
				  wholesaler is not prohibited from selling, at a special combination price, two
				  (2) or more kinds or brands of products to a retailer or dealer,
				  provided:
(1) the retailer or dealer
				has the option of purchasing either product at the usual price; and
(2) the retailer or dealer is not required to
				purchase any product it does not want.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.1 - Trade Practices; Prohibited Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.1-12 - Prohibition of retailers and dealers

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 12.
Whenever a primary source of supply or wholesaler is
				  prohibited from furnishing supplies, services, or things of value to a retailer
				  or dealer under this rule, 905 IAC 1-5.2, and 905 IAC 1-5.3, the retailer or
				  dealer is prohibited from soliciting or receiving any of the unauthorized
				  supplies, services, or things of value from a primary source of supply or
				  wholesaler.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-1 - General

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 1.
A primary source of supply or wholesaler may only furnish to
				  a retailer or dealer, supplies and services that are specifically prescribed by
				  this rule. The furnishing of these supplies and services may not be conditioned
				  on the purchase of alcoholic beverages. The furnishing of these supplies and
				  services shall be done on a nondiscriminatory basis to retailers and dealers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-2 - Record keeping requirements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 2.
(a) A
				primary source of supply or wholesaler shall keep and maintain records on their
				premises, for a three (3) year period, of all items furnished to retailers or
				dealers under this rule. Commercial records or invoices may be used to satisfy
				this record keeping requirement if all required information is shown. These
				records shall show the following:
(1) The name
				and address of the retailer or dealer receiving the item.
(2) The date furnished.
(3) The item furnished.
(4) The primary source of supply's or
				wholesaler's cost of the item furnished (determined by the manufacturer's
				invoice price).
(5) Charges to the
				retailer or dealer for any item.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-3 - Content restrictions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 3.
(a) Any
				product display, advertising specialty, advertisement, illuminated or
				nonilluminated advertising sign, poster, or label, which complies with the
				United States Bureau of Tobacco and Firearms (BATF) rules contained in 27 CFR,
				Chapter 1, shall be considered as approved by the alcohol and tobacco
				commission. Any complaints regarding displays, advertising specialty,
				advertisement, illuminated or nonilluminated advertising sign, poster, or label
				alleging obscenity or obscene content shall be referred to the BATF for their
				investigation.
(b) Any product
				display, advertising specialty, advertisement, illuminated or nonilluminated
				advertising sign, or poster shall conform to the brand name or logo on the
				label of the actual container of the alcoholic beverages so
				advertised.
(c) The label on an
				alcoholic beverage container is not considered to be advertising, and the label
				shall conform to the requirements of federal law.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-4 - Product displays

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 4.
(a) A
				primary source of supply or wholesaler may furnish, give, rent, loan, or sell
				product displays to a retailer or dealer, subject to the limitations prescribed
				in this section.
(b) As used in
				this section, "product display" means any rack, bin, barrel, cask,
				nonilluminated sign, special shelving from which alcoholic beverages are
				displayed and sold and which bear the brand name of the alcoholic beverage. Any
				other similar items not enumerated are subject to prior written approval of the
				Indiana alcoholic beverage commission.
(c) Product displays shall be subject to the
				limitations set forth in 27 CFR 6.83, as amended from time to time under 27 CFR
				6.82.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-5 - Advertising specialties

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 5.
(a) A primary
				source of supply or wholesaler may furnish, give, rent, loan, or sell
				advertising specialties to a retailer and dealer if these items bear
				advertising matter and are primarily valuable to the retailer and dealer as
				point of sale advertising. These items include the following:
(1) Trays.
(2) Coasters.
(3) Mats.
(4) Menu cards.
(5) Meal checks.
(6) Mirrors.
(7) Paper napkins.
(8) Foam scrapers.
(9) Back bar mats.
(10) Thermometers.
(11) Clocks.
(12) Posters.
(13) Display cards.
(14) Calendars.
(15) Lapel pins.
(16) T-shirts.
(17) Money clips.
(18) Ice buckets.
(19) Other similar items subject to prior
				written approval of the Indiana alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-6 - Alcoholic beverage lists

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 6. A primary source of supply or wholesaler may furnish,
				  give, rent, loan, or sell alcoholic beverage lists or alcoholic beverage menus
				  to retailers who provide alcoholic beverages for on-premises consumption only.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-7 - Consumer advertising specialties

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 7.
(a) A primary
				source of supply or wholesaler may furnish, give, rent, loan, or sell to a
				retailer or dealer for distribution by the retailer or dealer to the general
				public, consumer advertising specialties bearing a brand name or logo. These
				items include the following:
(1) Ash
				trays.
(2) Bottle or can
				openers.
(3) Corkscrews.
(4) Coasters.
(5) Shopping bags.
(6) Matches.
(7) Printed recipes.
(8) Pamphlets.
(9) Cards.
(10) Leaflets.
(11) Blotters.
(12) Post cards.
(13) Pencils.
(14) Promotional materials.
(15) Other similar items subject to prior
				written approval of the Indiana alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-8 - Tapping accessories

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 8.
Tapping accessories, such as:
(1) standards;
(2) faucets;
(3) rods;
(4) vents;
(5) taps;
(6) tap standards;
(7) gas gauges;
(8) wine guns; and
(9) other tapping accessories as enumerated
				in 27 CFR 6.89;
may be sold to a retailer or dealer and installed in the
				  retailer's or dealer's premises if the tapping accessories are sold at a price
				  not less than the cost to the primary source of supply or wholesaler initially
				  purchasing them, and, if the price is collected within fifteen (15) days of the
				  date of sale, except that a primary source of supply or wholesaler may provide,
				  with or without charge, and with the consent of the retailer, brand-identified
				  taps. No brand of beer or wine may be drawn through brand-identified taps
				  except the brand of beer or wine identified on that tap.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-9.1 - Samples; wholesale to retail

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC
				  7.1-3-9-11;
				  IC
				  7.1-3-10-13;
				  IC
				  7.1-3-14-7; IC
				  7.1-5
Sec. 9.1.
(a) A
				primary source of supply or wholesaler may furnish, or give a sample of,
				alcoholic beverages to a retailer or dealer who has not previously purchased
				the brand from that primary source of supply or wholesaler for a period of one
				(1) year. For each retail establishment, the primary source of supply or
				wholesaler may not give more than:
(1) three
				(3) gallons of any brand of beer;
(2) three hundred seventy-five (375)
				milliliters of any brand of liquor; and
(3) three (3) liters of any brand of
				wine.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-9.2 - Samples; consumer product sampling

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC
				  7.1-3-9-11;
				  IC
				  7.1-3-10-13;
				  IC
				  7.1-3-14-7; IC
				  7.1-5
Sec. 9.2.
A liquor dealer who is the proprietor of a package liquor
				  store, a liquor retailer, or a wine retailer may offer a product sampling
				  authorized under IC
				  7.1-3-9-11,
				  IC
				  7.1-3-10-13,
				  or IC
				  7.1-3-14-7, in
				  accordance with the following:
(1)
				Product that is to be used for a consumer product sampling may be provided by a
				primary source of supply or wholesaler to an authorized liquor dealer, liquor
				retailer, or wine retailer, but must be offered to all authorized liquor
				dealers, liquor retailers, and wine retailers in a nondiscriminatory manner.
				Samples provided to the liquor dealer, liquor retailer, or wine retailer must
				be properly invoiced by the authorized wholesaler, and the invoice shall
				clearly show the product being used for consumer product sampling. A primary
				source of supply or wholesaler may only provide products to a liquor dealer who
				is the proprietor of a liquor store, a liquor retailer, or a wine retailer that
				are lawful for the liquor dealer, liquor retailer, or wine retailer to
				ordinarily sell under their scope of permit.
(2) In addition to product that is provided
				in accordance with subdivision (1), an authorized liquor dealer, liquor
				retailer, or wine retailer may purchase product to be used for consumer
				sampling from an authorized wholesaler.
(3) A sampling described in this subsection
				may only be conducted by licensed employees of the liquor dealer, liquor
				retailer, wine retailer, wholesaler, primary source of supply, or a company
				engaged by a primary source of supply or wholesaler whose primary business is
				to conduct sampling or tasting promotions on the permit premises and during the
				normal business hours of the liquor dealer, liquor retailer, or wine
				retailer.
(4) The following
				limitations apply to the number of samples a customer may sample and the size
				of samples provided to a customer by a liquor dealer, liquor retailer, or wine
				retailer:
(A) A liquor retailer or a liquor
				dealer who is the proprietor of a package liquor store may offer a combined
				total not to exceed two (2) samples of liquor, liqueurs, premixed cocktails, or
				cordials per customer in a day. A liqueur, premixed cocktail, or cordial sample
				may not exceed one-half (0.5) ounce, and a sample of liquor may not exceed
				four-tenths (0.4) ounce.
(B) A
				liquor retailer, a liquor dealer, or a wine retailer may offer wine samples not
				to exceed one (1) ounce.
(C) Any
				sample provided by a liquor dealer, liquor retailer, or wine retailer to a
				consumer must be provided in a nondiscriminatory manner.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-10 - Newspaper cuts

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 10.
Newspaper cuts, mats, or other suitable advertising
				  materials for use in retailers' or dealers' advertisements may be furnished,
				  given, rented, loaned, or sold by a primary source of supply or wholesaler to a
				  retailer or dealer selling the primary source of supply's or wholesaler's
				  alcoholic beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-11 - Combination packaging

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 11.
A primary source of supply or wholesaler may package at its
				  permit premises and distribute alcoholic beverages in combination with other
				  items provided the following:
(1) The
				items have no significant value or benefit to the retailer or dealer other than
				that of having the potential of attracting purchasers and thereby promoting
				sales.
(2) The package, alcoholic
				beverage plus nonalcoholic item, is designed to be and shall be delivered
				intact to the consumer.
(3) The
				combination packaging may be distributed only after receiving prior written
				approval from the Indiana alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-12 - Educational seminars

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 12.
A primary source of supply or wholesaler may give or sponsor
				  educational seminars for employees of retailers or dealers either at the
				  primary source of supply's or wholesaler's premises or at the retailer or
				  dealer establishment. Examples of educational seminars include the following:
(1) Seminars dealing with the use of
				a retailer's or dealer's equipment.
(2) Training seminars for employees of
				retailers or dealers.
(3) Tours of
				a primary source of supply's or wholesaler's plant or premises.
(4) Training seminars for employees of
				retailers or dealers may include tasting or sampling of alcoholic beverages by
				the employees of retailers or dealers. The tasting or sampling of an alcoholic
				beverage product is limited to one (1) ounce per employee of each alcoholic
				beverage product offered. The alcoholic beverage to be tasted or sampled may be
				provided by the primary source of supply or wholesaler or may be purchased from
				the retailer or dealer for no more than the listed retail price. The tasting or
				sampling may only be conducted at a permit premises where the consumption of
				alcoholic beverages is permitted under IC 7.1. Any tasting or sampling provided
				by a primary source of supply or wholesaler must be offered or conducted on a
				nondiscriminatory basis.
(5)
				Reasonable hospitality, such as food and alcoholic beverages, may be offered as
				a part of an educational seminar.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-13 - Contest promotions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 13.
(a) Contest
				prizes, premium offers, or like items may be offered by a primary source of
				supply or wholesaler directly to consumers so long as these prizes or offers
				are not conditioned on the purchase of a product.
(b) Contest prizes, premium offers, or like
				items may be offered by a primary source of supply or wholesaler to employees
				of retailers or dealers subject to prior written approval of the Indiana
				alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-14 - Dispensing service

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 14.
Cleaning of alcoholic beverage dispensing equipment may be
				  furnished, given, or sold to retailers but must be furnished, given, or sold on
				  a nondiscriminatory basis by a primary source of supply or wholesaler.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-15 - Product management

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 15.
(a) A
				primary source of supply or wholesaler may, on a nondiscriminatory basis, at a
				retailer's or dealer's permit premises, manage their retailer-assigned or
				dealer-assigned display space. Such product management may include, on a
				nondiscriminatory basis, the following:
(1)
				Product rotation of alcoholic beverages on retail shelves or in displays and
				from storage areas to retail shelves and displays.
(2) Storage area, retail shelf, and display
				stocking.
(3) Display construction
				for freestanding, special, and nonpermanent floor displays.
(4) Delivery and placement of product to the
				retailer-designated or dealer-designated storage areas.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-16 - Participation in retailer or dealer association activities

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC 7.1-5
Sec. 16.
A primary source of supply or wholesaler may participate in
				  retailer or dealer association activities. A primary source of supply or
				  wholesaler may do the following:
(1)
				Display its products at a convention or trade show.
(2) Rent display booth space if the rental
				fee is not excessive and is the same as paid by all exhibitors.
(3) Provide its own hospitality which is
				independent from association sponsored activities.
(4) Purchase tickets to functions and pay
				registration fees if the payments or fees are not excessive and are the same as
				paid by all exhibitors.
(5) Make
				payments for advertisements in programs or brochures issued by retailer or
				dealer associations at a convention or trade show if the total payments made
				are not excessive and are the same as paid by all other advertisers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-17 - Merchandise

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-8;
				  IC
				  7.1-2-3-22
Affected: IC
				  7.1-3-10-5;
				  IC 7.1-5
Sec. 17.
(a) A
				primary source of supply or wholesaler, who is also engaged in business as a
				bona fide vendor of other merchandise, may sell that merchandise to a retailer
				or dealer if:
(1) the merchandise is sold at
				its fair market value;
(2) the
				merchandise is itemized separately on the primary source of supply's or
				wholesaler's invoices and other records; and
(3) the merchandise sold conforms to IC
				7.1-3-10-5.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 5.2 - Trade Practices; Permissible Activity Between Primary Sources of Supply, Wholesalers, and Retailers › Section 5.2-18 - Special event equipment

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-5
Sec. 18.
A primary source of supply, manufacturer, or wholesaler may
				  supply equipment on a temporary and nondiscriminatory basis to the holder of a
				  retailer permit or a temporary permit for the purpose of holding, storing, and
				  dispensing product to consumers for a special event for the duration of the
				  special event. Ownership of the equipment shall remain with the primary source
				  of supply, manufacturer, or wholesaler.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 7.1 - Federal Tax Stamps › Section 7.1-1 - Federal retail tax stamps

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-8
Sec. 1.
An applicant for a retail permit must show to the
				  satisfaction of the commission or its authorized representative that he holds,
				  or has applied for, applicable special tax stamps issued by the Treasury
				  Department, Bureau of Alcohol, Tobacco, and Firearms.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-1 - Permit required; qualifications; application for permit; fee; violations

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-3-18-7
Affected: IC 7.1-3-12-5; IC 7.1-3-18-8
Sec. 1.
(a) No person
				shall act as the agent or salesman for the sale of or taking or soliciting of
				orders for, the sale of alcoholic beverages, irrespective of whether such sale
				is to be made by a seller within Indiana, or by a seller without Indiana, for
				delivery to a buyer within Indiana unless such person has a salesman's
				permit.
(b) No salesman's or
				agent's permit shall be issued to any person unless he is of good moral
				character. To receive a salesman's permit, an applicant:
(1) shall be a bona fide employee of an
				alcohol and tobacco commission (commission) wholesale, primary source,
				distiller, rectifier, vintner, or brewery permit holder; or
(2) if his employer is an Internet company
				and the Internet company provides the commission with the names of each
				permittee for whom the Internet company is a salesman in conformity with the
				rules adopted by the commission.
Any person may make application to the commission for a
				  salesman's permit, which application shall be in such form and shall include
				  such terms as the commission may, from time to time, prescribe, and shall
				  include a provision that the holder will comply with the rules and orders of
				  the commission. The application and the permit issued pursuant thereto shall
				  set forth the names and addresses of the person whom said salesman represents
				  and also the name and address of the applicant. If such salesman is acting for
				  himself as principal, the application and the permit shall so state. Additional
				  permits may be granted the same salesman for additional principals, and a
				  salesman may hold more than one (1) salesman's permit at any one (1) time.
				  However, no salesman or agent of a producer permittee shall solicit or
				  negotiate sales in any manner whatsoever at the retail level, except sales as
				  permitted by IC 7.1-3-12-5 and 905 IAC 1-24-1.