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

As added by P.L.220-2011, SEC.169. Repealed by P.L.63-2012, SEC.7.

Sec. 1. Construction. This title is an exercise of the police powers of the state. The classifications and differentiations made in this title are real and are actually and substantially related to the accomplishment of the purposes of this title. The provisions of this title sha…

As added by P.L.104-1995, SEC.1. Amended by P.L.70-1996, SEC.1. Repealed by P.L.1-1999, SEC.18.

Sec. 2. Except as provided in IC 7.1-5-1-3, IC 7.1-5-1-6, IC 7.1-5-7, and IC 7.1-5-8, this title applies to the following: (1) The commercial manufacturing, bottling, selling, bartering, importing, transporting, delivering, furnishing, or possessing of alcohol, alcoholic beverage…

Sec. 3. (a) The provisions of this title shall not prohibit the following: (1) The manufacture, sale, possession, transportation, or use of vinegar. (2) The sale or transportation of sacramental wine to a minister, priest, or rabbi for a religious purpose. (3) The manufacture, pu…

Sec. 4. Gender and Number. For purposes of this title, the masculine gender includes the feminine and where appropriate, the singular number includes the plural. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 5. Direct and Indirect Prohibition. For the purposes of this title, whenever a person is prohibited from doing a certain act or holding a certain interest directly, he shall be prohibited also from doing that act or holding that interest indirectly. [1973 Recodification Cita…

[1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1976, P.L.24, SEC.5; Acts 1982, P.L.69, SEC.1. Repealed by P.L.1-1988, SEC.10.

Sec. 1. Office of Prosecutor Created. There is hereby created within the commission a division to be known as the "Office of the Prosecutor." [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 10. Enforcement Officers: Bond and Oath of Office. Each enforcement officer shall execute a surety bond in the amount of one thousand dollars ($1,000), with surety approved by the commission, and an oath of office, both of which shall be filed with the executive secretary of…

disease Sec. 11. (a) The injury to, the injury to the health of, or the death of, an enforcement officer shall be compensable under the appropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury, injury to the health, or death, arises out of, and in the course of, the pe…

badge and identification card Sec. 11.5. An eligible enforcement officer who retires with at least twenty (20) years of service as an enforcement officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the officer's service to the co…

Sec. 12. (a) The commission shall have the power to employ and remove at will all necessary clerks, stenographers, bookkeepers, auditors, accountants, assistants of any nature, and other employees, and to fix their duties, authorities, and, with proper approval, their compensatio…

Sec. 13. (a) The alcohol and tobacco commission shall categorize salaries of enforcement officers within each rank based upon the rank held and the number of years of service in the commission through the twentieth year. The salary ranges that the board assigns to each rank shall…

Sec. 2. The prosecutor shall be appointed by the governor for a term of four (4) years to be served at the pleasure of the governor. The prosecutor shall be a resident of the state and a practicing member of the Indiana bar. [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: …

Sec. 3. Bond and Oath of Office. The prosecutor shall execute a surety bond in the amount of five thousand dollars ($5,000), 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 Recodification…

Sec. 4. Compensation. As compensation for services, the prosecutor 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, the prosecutor shall be reimbursed for traveling and other expe…

Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall have the following powers and duties: (a) To prosecute before the commission all violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines; (b…

Sec. 6. Office Space and Expenses. The commission shall provide the prosecutor with appropriate office space and all necessary office supplies and services. All claims for salaries and necessary expenses of the office of the prosecutor shall be allowed and approved by the commiss…

Sec. 7. Executive Secretary. The commission, with the consent of the governor, shall employ an executive secretary to aid the commission in the efficient administration of its powers and duties. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 8. (a) The commission may employ qualified individuals to serve as enforcement officers of the commission. (b) The superintendent of the enforcement officers must have had at least ten (10) years experience as an active law enforcement officer, at least five (5) years of whi…

Sec. 9. (a) An enforcement officer is vested with full police powers and duties to enforce: (1) the provisions of this title; (2) any other law of this state relating to alcohol or alcoholic beverages; and (3) tobacco laws, including tobacco vending machines. (b) An enforcement o…

program Sec. 9.5. The state excise police may investigate fraud within the electronic benefits transfer program, as set forth in IC 12-13-14-14. As added by P.L.197-2013, SEC.3.

Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 1.4. For purposes of this chapter, "bottle" means a standard wine container that meets the requirements of 27 CFR 4.71. As added by P.L.279-2019, SEC.1.

Sec. 1.5. For purposes of this chapter, "bulk" means a container of more than sixty (60) liters. As added by P.L.279-2019, SEC.2.

Sec. 10. (a) This section applies to a permittee that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the brewery as provided under section 7(5)(H) of this chapter. (b) Alcoholic beverages must be: (1) in sealed containers; and (2) placed by an e…

Sec. 11. (a) A finished product of a food manufacturer that contains beer transferred to the food manufacturer under section 7(5)(Q) of this chapter may not contain more than one-half of one percent (0.5%) of alcohol by volume when the product leaves the food manufacturer's facil…

Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery tha…

Sec. 3. Preference for Existing Permittees. A holder of a brewer's permit shall be entitled to preference in the issuance of a brewer's permit over a new applicant for that permit and the existing permittee shall not be refused the permit except for good cause after hearing. [Pre…

Sec. 4. A brewer or other person located outside Indiana who is desirous of selling beer or flavored malt beverage to an Indiana permittee for importation into and resale in Indiana, in order to qualify under this title, shall file with the commission a surety bond in a penal sum…

Sec. 5. There shall accompany the bond required by section 4 of this chapter an agreement by the applicant to: (1) pay to the state the taxes and fees levied by the state for which the applicant is liable on beer shipped or transported into Indiana; (2) furnish reports required b…

Sec. 6. Cessation of Manufacturing: Revocation of Permit. The commission may revoke the permit of a brewer if the brewer does not, in good faith, begin to manufacture beer within six (6) months after the issuance of the permit, or if he suspends manufacturing of beer for six (6) …

Sec. 7.5. (a) This section applies if: (1) a person having an interest in a brewer's permit under section 7(5) of this chapter also has an interest in a farm winery or an artisan distillery; and (2) the brewery production facility and the farm winery or artisan distillery product…

Sec. 8. Transportation of Beer. The transportation of beer to a county within this state shall be only in barrel or keg containers, or in bottles, or in other containers permissible under the rules and regulations of the commission. A brewer may ship beer to points outside this s…

Sec. 9. An out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may: (1) appoint a beer wholesaler to perform the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and (2) provide a fee to a beer wholesaler who…

Sec. 1. An excise tax, referred to as the beer excise tax, at the rate of eleven and one-half cents ($.115) a gallon is imposed upon the sale of beer or flavored malt beverage within Indiana. [Pre-1973 Recodification Citations: 7-1-1-41(a); 7-2-1-17(a); 7-4-1-1.] Formerly: Acts 1…

Sec. 2. (a) Except as provided in subsections (b) and (c), a brewer is liable for the beer excise tax on the sale or gift, or withdrawal for sale or gift, of beer or flavored malt beverage by the brewer to a person within Indiana. (b) In the case of a beer wholesaler receiving be…

[Pre-1973 Recodification Citation: 7-2-2-1.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-2-2-1.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-1-41.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-1-41.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

Sec. 7. Copy of Invoice. A brewer or beer wholesaler in this state, when he delivers beer to a person, shall make a true duplicate invoice showing the date of delivery, the amount and value of the shipment and the name of the purchaser. The brewer or wholesaler shall give one (1)…

Sec. 8. A beer wholesaler within Indiana who receives beer or flavored malt beverage upon which the beer excise tax has been paid shall be entitled to a refund of the amount of the tax on all tax-paid beer or flavored malt beverage shipped from Indiana by the wholesaler for sale …

As added by Acts 1978, P.L.54, SEC.1. Repealed by P.L.103-1987, SEC.3.

[Pre-1973 Recodification Citation: 7-2-2-3.] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

[Pre-1973 Recodification Citation: 7-1-5-1.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.58-1984, SEC.6.

[Pre-1973 Recodification Citation: 7-1-1-33(h).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.78-1986, SEC.7. Repealed by P.L.159-2014, SEC.22.

Sec. 3. (a) It is unlawful for the holder of a retailer's or dealer's permit of any type to display, keep, have, or maintain, a sign, advertisement, poster or design, obstruction to view, device or equipment contrary to the provisions of this title, or to a rule or regulation of …

Sec. 4. (a) It is unlawful for a manufacturer of alcoholic beverages or other permittee authorized to sell and deliver alcoholic beverages to give, supply, furnish, or grant to the holder of a retailer's or dealer's permit a sign, poster, or advertisement for use, or intended to …