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

Sec. 35. Rectifier. The term "rectifier" means a person who colors, flavors, or otherwise processes already existing alcoholic beverages by distillation, blending, percolating, or other process. [Pre-1973 Recodification Citation: 7-1-1-3(m).] Formerly: Acts 1973, P.L.55, SEC.1.…

Sec. 36. Rectify. The term "rectify" means and includes the processes used by a rectifier in the rectification of alcoholic beverages. [Pre-1973 Recodification Citation: 7-1-1-3(m).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 37. Residence. The term "residence" means: (a) The premises in which a person resides and includes the aggregation of the rooms inhabited by him, including the cellar and basement under them; and, (b) Also means a room equipped for sleeping or a suite located in a hotel when…

Sec. 38. Residential District. The term "residential district" means an area composed of all territory within a radius of five hundred (500) feet of the premises described in the application for a permit being considered and in which area seventy-five percent (75%) or more of the…

Sec. 39. The term "resort hotel" means an establishment which meets the requirements provided in IC 7.1-3-20-21. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.91.

Sec. 4. Alcohol. The term "alcohol" means the compound C2H5OH, known as ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. [Pre-1973 Recodification Citation: 7-1-1-3(f).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 40. The term "restaurant" means an establishment which meets the requirements provided in IC 7.1-3-20-9. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.92.

Sec. 41. Salesman. The term "salesman" means: (a) A person who procures, or seeks to procure an order or contract for the sale, or for the delivery, or for the transportation of alcoholic beverages; and, (b) Also means a person who is engaged in promoting the sale of alcoholic be…

Sec. 42. Service Bar. The term "service bar" means a counter over which alcoholic beverages are served and which is used only by the employees of the establishment in which it is located in the course of their employment. [Pre-1973 Recodification Citation: 7-1-6-1.] Formerly: Act…

Sec. 43. Setup. The term "setup" means a glass, container, ice, water or mixer, served to a patron for the purpose of being used or consumed with an alcoholic beverage brought upon the licensed premises by the patron. [Pre-1973 Recodification Citation: 7-2-1-10.] Formerly: Acts 1…

[Pre-1973 Recodification Citation: 7-1-1-22.5.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.201-1999, SEC.1; P.L.165-2006, SEC.1. Repealed by P.L.32-2021, SEC.15. IC 7.1-1-3-45 "Special disqualifications" Sec. 45. The term "special disqualifications" means those impedim…

Sec. 46. Table Wine. The term "table wine" means wine that is produced without rectification or fortification and whose alcoholic content does not exceed fourteen percent (14%). [Pre-1973 Recodification Citation: 7-1-1-22.5.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 47. Three-Way Permit. The term "three-way permit" means the combination of a beer retailer's permit, a liquor retailer's permit, and a wine retailer's permit issued to a permittee. [Pre-1973 Recodification Citation: 7-3-4-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 47.5. (a) "Tobacco product", except as provided in subsection (b), has the meaning set forth in IC 7.1-6-1-3. (b) "Tobacco product", for purposes of IC 7.1-3-18.5, means a product that: (1) contains tobacco or nicotine, including e-liquid (as defined by IC 7.1-7-2-10) that c…

Sec. 48. Two-Way Permit. The term "two-way permit" means the combination of a beer retailer's permit and a wine retailer's permit issued to a permittee. [Pre-1973 Recodification Citation: 7-3-4-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 49. The term "wine" means an alcoholic beverage obtained by the fermentation of the natural sugar content of fruit, fruit juice, or other agricultural products containing sugar, including necessary additions to correct defects due to climatic, saccharine, and seasonal condit…

Sec. 5. The term "alcoholic beverage" means a liquid or solid that: (1) is, or contains, one-half percent (0.5%) or more alcohol by volume; (2) is fit for human consumption; and (3) is reasonably likely, or intended, to be used as a beverage. [Pre-1973 Recodification Citations: 7…

Sec. 5.5. (a) "Applicant", for purposes of IC 7.1-3-18.5, means a person who applies for a tobacco sales certificate. (b) "Applicant", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-2. As added by P.L.94-2008, SEC.2. Amended by P.L.176-2015, SEC.1.

Sec. 50. Wood Alcohol. The term "wood alcohol" means the compound CH3OH, also known as methanol, from whatever source or by whatever process produced. The term also means wood alcohol that has been redistilled and which is likely or intended to be used as a beverage. [Pre-1973 Re…

Sec. 6. The term "beer" means an alcoholic beverage obtained by the fermentation of: (1) an infusion or decoction of: (A) barley malt or other cereal; and (B) hops; in water; or (2) cereal byproducts. [Pre-1973 Recodification Citation: 7-1-1-3(b).] Formerly: Acts 1973, P.L.55, SE…

Sec. 7. Bona Fide Evidence of Majority or Identity. The term "bona fide evidence of majority or identity" means a document, including, but not limited to, a license or permit to operate a motor vehicle, a Selective Service registration certificate, or an United States Armed Force…

Sec. 8. Carrier. The term "carrier" means: (a) A common carrier, whether licensed under the laws of this state or not; (b) A person as a proprietor who operates a transportation facility when regularly or casually operating intrastate state or from another state into this state; …

Sec. 9. The term "chairman" means the presiding officer of the commission who is appointed by the governor pursuant to IC 7.1-2-1-5. [Pre-1973 Recodification Citation: 7-1-1-3(k).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.83.

Sec. 9.5. The term "hard cider" means an alcoholic beverage that: (1) is made from the normal alcoholic fermentation of the juice of sound, ripe apples; and (2) contains at least one-half of one percent (0.5%) of alcohol by volume and not more than seven percent (7%) of alcohol b…

Sec. 1. Duties of Chairman. The chairman shall be the presiding officer at the meetings of the commission. The chairman, together with the executive secretary, shall prepare, certify and authenticate all proceedings, minutes, records, rules and regulations of the commission. The …

Sec. 10. (a) The commission shall have the power to investigate the violation of a provision of this title and of the rules and regulations of the commission and to report its findings to the prosecuting attorney or the grand jury of the county in which the violation occurred, or…

Sec. 11. Emergencies. The commission shall have the power to prohibit the sale, transportation or movement of alcoholic beverages when, in the judgment of the commission, it is necessary during a time of public emergency, civil disturbance, riot, or epidemic. The prohibition may …

Sec. 12. Searches and Seizures. (a) The commission shall have the power to examine, inspect and search a licensed premises or a vehicle where alcohol, alcoholic beverages, or malt articles are kept, manufactured or sold. (b) The commission shall have the power to seize alcohol, a…

Sec. 13. Prevention of Subterfuge. The commission shall have the power to prevent a part of the premises connected with, or in any way used in connection with, a licensed premises from being used as a subterfuge or means of evading the provisions of this title or of the rules and…

Sec. 14. The commission shall have the power to set standards of cleanliness and sanitation for a licensed premises and for the apparatus, equipment, utensils, accessories, articles, and fixtures used or employed in the licensed premises. The commission shall have the power to re…

Sec. 15. Destruction of Personal Property. The commission shall have the power to require the destruction or removal of bottles, whether empty or not, cases, containers, apparatus, or devices, used or likely to be used, in evading, violating, or preventing the enforcement of the …

Sec. 16. (a) The commission shall have the power to regulate and prohibit advertising, signs, displays, posters, and designs intended to advertise an alcoholic beverage or the place where alcoholic beverages are sold. (b) The commission shall not exercise the prohibition power co…

Sec. 16.5. (a) As used in this section, "facility" includes the following: (1) A facility to which IC 7.1-3-1-25(a) applies. (2) A tract that contains a premises that is described in IC 7.1-3-1-14(d)(2). (3) A horse track or satellite facility to which IC 7.1-3-17.7 applies. (4) …

Sec. 17. Registration Requirements. The commission shall have the power to require the registration of all brands, formulas, analyses, labels, and trademarks used, or proposed to be used, in selling or advertising alcoholic beverages. The commission shall not have the power to re…

Sec. 18. Regulation of Transportation and Containers. The commission shall have the power to regulate the modes and methods of dealing in, and the transportation of, alcoholic beverages. The commission also shall have the power to regulate the types of containers in which alcohol…

Sec. 2. Power to Organize. The commission shall have the power to organize its work and carry on the functions of the commission and to enforce and administer the provisions of this title and the rules and regulations of the commission. [Pre-1973 Recodification Citation: 7-1-1-5(…

[Pre-1973 Recodification Citation: 7-1-1-5(14).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2010, SEC.38. Repealed by P.L.196-2015, SEC.2.

Sec. 21. Regulation of Local Boards. The commission shall have the power to prescribe the procedure to be observed by local alcoholic beverage boards and for investigations before these boards. [Pre-1973 Recodification Citation: 7-1-1-5(18).] Formerly: Acts 1973, P.L.55, SEC.1.…

Sec. 22. The commission shall have the power to ascertain the business relationships, including nonalcoholic beverage business relationships, between permittees or certificate holders under this title. The commission shall have the power to regulate or prohibit a practice, relati…

[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. 24. Disclosures Re Transportation. The commission may require that, prior to the importation or transportation of an alcoholic beverage into this state by an authorized permittee, he shall submit written, verified, information concerning the proposed importation or transport…

Sec. 25. Military Bases. The commission may authorize the sale of an alcoholic beverage to an officer, or other person legally entitled to purchase it, and the delivery of it to that person on a military reservation or other reservation within this state which is under the author…

Sec. 26. The commission shall investigate a violation of a provision of IC 7.1-3-3-17 and IC 7.1-5-5-9, and shall have the power to enforce conformance with a provision of an injunction issued under the authority of these sections. [Pre-1973 Recodification Citation: 7-2-1-23(c).]…

[Pre-1973 Recodification Citation: 7-2-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.2.

[Pre-1973 Recodification Citation: 7-2-1-6.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.6, SEC.36.

Sec. 29. Delegation of Powers and Duties. The commission, unless otherwise specifically provided, may delegate the powers and duties conferred on it in this title to responsible employees of the commission, but the commission shall maintain final responsibility. [1973 Recodificat…

Sec. 3. The commission, in accordance with IC 5-15-5.1, shall have the power to prescribe the forms for all applications, permits, licenses, certificates, and other documents and records used in the administration of this title. [Pre-1973 Recodification Citation: 7-1-1-5(15).] Fo…

Sec. 30. Limitation of Liability. The members of the commission, their officers and employees shall be exempt from civil liability for an act or omission done under the authority, or the color of authority, conferred by this title or by a rule, regulation, or order of the commiss…

Sec. 31. Implied Powers. The commission and the chairman shall have, in addition to the express powers enumerated in this title, the authority to exercise all powers necessary and proper to carry out the policies of this title and to promote efficient administration by the commis…

Sec. 32. (a) The commission, by rule, may provide procedures whereby two (2) or more retailers and dealers may enter into a formal group purchasing agreement for the purpose of purchasing alcoholic beverages from permittees authorized to sell alcoholic beverages to them. (b) If t…