Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO

Sec. 1. The following are the general purposes of this title: (1) To protect the economic welfare, health, peace, and morals of the people of this state. (2) To regulate and limit the manufacture, sale, possession, and use of alcohol and alcoholic beverages. (3) To regulate the s…

As added by P.L.24-1991, SEC.3. Repealed by P.L.1-1992, SEC.26.

of property and obligations; treatment of actions of prior commissions Sec. 0.3. (a) After June 30, 2001, a reference in any law, rule, contract, or other document or record to the alcoholic beverage commission, the Indiana alcoholic beverage commission, or the alcoholic beverage…

Sec. 1. There is hereby created as a part of state government, a commission to be known as the alcohol and tobacco commission. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.18.

Sec. 10. Meetings and Adjournments. The commission shall hold regular meetings on the first and third Tuesday of each month. The commission may hold special meetings whenever the commission deems it necessary. The procedure for the calling of a special meeting shall be provided i…

Sec. 11. (a) Three (3) members of the commission constitute a quorum for the transaction of business. (b) Each commissioner has one (1) vote. (c) Action of the commission may be taken only upon the affirmative votes of at least two (2) commissioners. If a vote of the commission i…

contributions Sec. 12. A commissioner may not solicit or accept a political contribution from any person or entity that has a permit or has applied for a permit issued by the commission. However, the right of a commissioner to vote as the commissioner chooses and to express the c…

Sec. 13. Limitation of Liability. A member of the commission shall not be personally liable for liability to a person because of the negligence, act, or omission of an enforcement officer. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 2. The commission shall be composed of four (4) members who are not officials of the state in any other capacity and who are qualified for their positions in accordance with the provisions of IC 7.1-2-1-4. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L…

Sec. 3. Appointments and Terms. Members of the commission shall be appointed by the governor and a commissioner shall be eligible for reappointment. No more than two (2) commissioners shall belong to the same political party. A commissioner shall be appointed for a term of four (…

Sec. 4. To be eligible for appointment as a commissioner, a person shall possess the following qualifications: (1) The person must be at least thirty-one (31) years of age. (2) The person may not have a conviction within ten (10) years before the date of appointment of: (A) a fed…

Sec. 5. Chairman and Chairman Pro Tempore. The governor shall appoint one (1) of the members to serve as chairman of the commission. The governor also shall appoint one (1) of the members to serve as chairman pro tempore in the absence of the chairman. [Pre-1973 Recodification Ci…

Sec. 6. Vacancies. A member appointed to fill a vacancy in the membership of the commission shall serve only for the unexpired portion of the original, vacated term. In all other respects, an appointment to fill a vacancy shall be made in the same manner that an original appointm…

Sec. 7. Compensation. As compensation for services, each commissioner shall receive an annual salary to be fixed in the same manner that the salaries of other state officials are fixed. In addition to the annual salary, a commissioner shall be reimbursed for traveling and other e…

Sec. 8. Bond and Oath of Office. Each commissioner shall execute a surety bond in the amount of ten thousand dollars ($10,000), with surety approved by the governor, and an oath of office, both of which shall be filed in the office of the secretary of state. [Pre-1973 Recodificat…

Sec. 9. Surety Bonds. The required surety bond executed and filed on behalf of a commissioner, an enforcement officer, or the prosecutor shall be made payable to the State of Indiana and conditioned upon the faithful discharge of the bonded party's respective duties. [Pre-1973 Re…

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 28 of this chapter by P.L.204-2001 applies only to applications submitted after June 30, 2001. (2) The amendments made to sections 5.5 and 5.6 of this chapter by P.L.204-2001 apply on…

Sec. 1. Issuance of Permits Authorized. The commission may issue only the types of permits authorized by this article subject to the applicable provisions of this title. [Pre-1973 Recodification Citation: 7-1-1-6.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 1.5. (a) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a grocery store, convenience store, or drug store should not be given the privilege of selling cold beer for carryout. (b) It i…

Sec. 10. Surety Bonds: Approval. The commission shall keep a surety bond filed under this title safely in its files. The commission shall not approve a surety bond unless the surety company is solvent and qualified to do business in this state. The commission, before approving a …

Sec. 11. Cash in Lieu of Bond. Cash, or bonds of the United States, or both, may be tendered to the commission in lieu of a surety bond required by the provisions of this title if it is tendered on the same terms and conditions as a surety bond. [Pre-1973 Recodification Citation:…

[Pre-1973 Recodification Citation: 7-1-1-42(f).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.10; P.L.204-2001, SEC.25. Repealed by P.L.153-2015, SEC.2.

Sec. 13.5. (a) As used in this section, "credit card" means a: (1) credit card; (2) debit card; (3) charge card; or (4) stored value card. (b) The commission shall accept a payment to the commission for any purpose by any of the following financial instruments: (1) Cash. (2) Cert…

Sec. 15. Service While Standing. It is lawful for a retail permittee to serve an alcoholic beverage to a customer whether the customer is seated or standing. It also is lawful for a customer of a retail permittee to be served an alcoholic beverage and to consume it whether he is …

[Pre-1973 Recodification Citation: 7-1-1-8(3).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.

Sec. 17. Transportation of Alcoholic Beverages: General. The traffic and transportation of alcohol and alcoholic beverages for sale within this state shall be subject to the rules and regulations of the commission. Alcohol and alcoholic beverages shall be transported and delivere…

Sec. 18. (a) Except as provided in subsections (d) and (e), if publication of notice of application for a permit is required under this title, the publication shall be made in one (1) newspaper of general circulation published in the county where the permit is to be in effect. (b…

Sec. 19. Character of the Business Test. Whenever the character of the business in which an applicant is engaged is material to his being issued a permit under this article, or is material to his being qualified to continue to hold the permit, it must be made to appear to the sat…

Sec. 2. No Property Right in Permit. A permittee shall have no property right in a wholesaler's, retailer's, or dealer's permit of any type. [Pre-1973 Recodification Citations: 7-2-1-14(a); 7-1-1-5(2).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 20. A person to whom a permit has been issued to carry on any of the businesses or undertakings authorized by this title shall, before being fully qualified to do business, post and display, and keep posted and displayed, in the most conspicuous place in the person's license…

Sec. 21. The holder of a permit of any type issued under the provisions of this title or a manufacturer of an alcoholic beverage may sponsor, finance, or promote in any way an amateur athletic contest, amateur athletic team, or amateur athletic sporting event of any kind. [Pre-19…

Sec. 22. Medical Exemption. A regularly licensed physician, a dentist, or a person holding a license to practice medicine, or to engage in a profession in which the treatment of the human body, or of an animal body, is necessarily involved, a clinic, a noncommercial laboratory, a…

Sec. 23. A registered pharmacist who owns or manages a regularly licensed drug store and who is not the holder of a drug store permit issued pursuant to the provisions of IC 7.1-3-10, but who is the holder of an unrevoked permit of the Indiana Board of Pharmacy, may acquire, own …

Sec. 23.5. An instructor teaching a class on wine appreciation at an accredited college or university (as described under IC 24-4-11-2) may purchase, acquire, possess, and dispense wine for educational purposes within the class without a permit under this title. As added by P.L.5…

Sec. 24. Religious Exemption. A pastor, rabbi, minister, or priest may purchase, acquire, possess and dispense wine for sacramental purposes or for performing a religious rite only without a permit being issued under this title. [Pre-1973 Recodification Citation: 7-1-1-42(b).] Fo…

certain public facilities Sec. 25. (a) A county, city, town, or township that by itself or in combination with any other body of a county, city, town, or township acquires by ownership or by lease any stadium, exhibition hall, auditorium, theater, convention center, or civic cent…

Sec. 26. No permit is required for the sale, purchase, or gift by a collector to another collector of a container that is: (1) a ceramic commemorative bottle; or (2) a uniquely designed decanter. An unbroken federal tax stamp must be on the container at the time of the sale, purc…

statements Sec. 27. (a) Notwithstanding any other provision of this article, a retailer permittee who is required to comply with the gross food and beverage sales, or gross food sales, standards contained in this article as a condition of receiving, continuing to hold, or renewin…

Sec. 28. (a) This section applies to the initial issuance, transfer of location, or transfer of ownership of the following: (1) Any form of retailer's permit issued under this title. (2) Any form of dealer's permit issued under this title. (b) To qualify for approval of an applic…

Sec. 29. (a) For purposes of this section, "health facility" does not include an intermediate care facility for individuals with intellectual disabilities. (b) As used in this section, "senior residence facility" means a: (1) health facility licensed under IC 16-28; or (2) housin…

of authority to operate Sec. 3. (a) A permit of any type issued by the commission, except as provided in subsections (b) and (f) or unless otherwise provided in this title, shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of…

Sec. 3.1. (a) Notwithstanding section 3 of this chapter, any member of the commission may issue an original letter of extension extending the term of a permit for a maximum period of ninety (90) days for good cause shown upon the written request of the permittee and payment of th…

Sec. 3.5. (a) This section only applies to a retailer or dealer permit that is deposited with the commission before July 1, 2019. (b) A permittee to whom a retailer or dealer permit has been issued under this title may deposit that permit with the commission for a period of one (…

Sec. 30. (a) This section applies to a permittee that sells and delivers alcoholic beverages to a consumer's residence, regardless of whether the delivery is made by the permittee, permittee's employees, or (if allowed under the permittee's permit) a third party delivery service.…

Sec. 4. The commission shall issue a permit authorized by this title only upon proper application. The application shall be in writing, and verified, upon forms prescribed and furnished by the commission. The application shall contain the terms and information required by this ti…

Sec. 5. (a) Except as provided in subsection (b), an application for a permit to sell alcoholic beverages of any kind, and the required publication of notice, shall disclose the name of the applicant and the specific address where the alcoholic beverages are to be sold, and any a…

of permit within its jurisdiction Sec. 5.3. (a) This section applies to an application for a new permit, renewal of a permit, or transfer of a permit authorized by this article for a location in a: (1) second or third class city; or (2) county other than a county containing a con…

notice; affidavit Sec. 5.5. (a) This section applies only in a county having a consolidated city. (b) As used in this section, "contiguous property owner" refers to a property owner who has real property that is geographically adjacent to or in contact with any point on the borde…

Sec. 5.6. (a) This section applies only in a county having a consolidated city. (b) This section applies only to an application for the renewal of a permit to sell alcoholic beverages. (c) The definitions set forth in section 5.5 of this chapter apply to this section. (d) The ren…

Sec. 6. Applications for Permits: Consent to Search. An application for a permit shall contain the express statement of the applicant that he consents for the duration of the permit term, if it is issued to him, to the entrance, inspection, and search by an enforcement officer, w…