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

Sec. 1. Generally. The definitions contained in this chapter shall be applied throughout this title unless the context clearly requires otherwise. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 10. The term "club" means an association or corporation which meets the requirements provided in IC 7.1-3-20-1. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.84.

Sec. 11. Commercially. The term "commercially" means the manufacturing, bottling, selling, bartering, transporting, delivering, furnishing, or possessing of alcohol or alcoholic beverages elsewhere than in one's own residence. [Pre-1973 Recodification Citation: 7-1-1-2.] Formerly…

Sec. 12. The term "commission" means the alcohol and tobacco commission created by this title. [Pre-1973 Recodification Citations: 7-1-1-3(d); 7-1-3-2; 7-2-1-5.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.15.

Sec. 12.5. "Consumer advertising specialty" means an item having a fair market value of: (1) not more than three hundred dollars ($300); or (2) more than three hundred dollars ($300) with the prior written approval of the commission; that is designed to be carried away from the r…

Sec. 13. (a) "Container", except as provided in subsection (b), means a receptacle in which an alcoholic beverage is immediately contained and with which the alcoholic beverage contained in it is in immediate contact. (b) "Container", for purposes of IC 7.1-7, has the meaning set…

Sec. 13.5. "Conviction for operating while intoxicated" means a conviction (as defined in IC 9-13-2-38) for a crime under IC 9-30-5-1 through IC 9-30-5-9, IC 35-46-9-6, or IC 14-15-8 (before its repeal). As added by P.L.204-2001, SEC.16. Amended by P.L.40-2012, SEC.1; P.L.196-201…

Sec. 14. Denatured Alcohol. The term "denatured alcohol" means alcohol to which has been added a substance or ingredient for the purpose of producing a compound or mixture which is unlikely to be used as a beverage and which is unfit for human consumption. Denatured alcohol is to…

Sec. 14.5. (a) "Department", except as provided in subsection (b), means the Indiana Department of State Revenue. (b) "Department", for purposes of IC 7.1-7, has the meaning set forth in IC 7.1-7-2-7. Formerly: Acts 1973, P.L.56, SEC.1. As amended by P.L.176-2015, SEC.3.

Sec. 15. Drug Store. The term "drug store" means a retail business establishment in which medicines and miscellaneous articles are sold. [Pre-1973 Recodification Citation: 7-1-1-20.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 15.5. "Electronic cigarette", has the meaning set forth in IC 35-46-1-1.5. As added by P.L.20-2013, SEC.1. Amended by P.L.176-2015, SEC.4; P.L.206-2017, SEC.1.

Sec. 16. The term "enforcement officer" means a person employed by the commission to perform duties pursuant to IC 7.1-2. [Pre-1973 Recodification Citation: 7-2-1-3(a).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.85.

Sec. 16.4. "Entertainment", for purposes of IC 7.1-5-5, means one (1) or more of the following: (1) Participation in a sporting event. (2) Attendance at a sporting event or an event featuring live performances. (3) Meals. (4) Beverages. (5) Ground transportation provided in conne…

Sec. 16.5. The term "entertainment complex" means a premises that complies with one (1) or more of the following requirements: (1) The premises: (A) is a site for the performance of musical, theatrical, or other entertainment; and (B) includes an area where at least six hundred (…

Sec. 16.6. The term "farm winery" means a commercial winemaking establishment that produces wine and meets the requirements of IC 7.1-3-12-4. As added by P.L.32-2021, SEC.14.

Sec. 16.7. The term "flavored malt beverage" means an alcoholic beverage that has all of the following attributes: (1) The alcoholic beverage is made from a malt beverage base that is flavored with aromatic essences or other flavorings in quantities and proportions that result in…

Sec. 17. The term "fraternal club" means an association or corporation which meets the requirements provided in IC 7.1-3. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.86.

Sec. 18. Gallon. The term "gallon" means a liquid measure containing two hundred thirty-one (231) cubic inches. [Pre-1973 Recodification Citation: 7-1-1-41(e).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 18.3. "Gift", for purposes of IC 7.1-5-5, means anything of value, including a rebate, sum of money, accessory, furniture, fixture, loan of money, concession, privilege, use, title, interest, or lease, rehabilitation, decoration, improvement, or repair of premises. As added …

Sec. 18.5. (a) "Grocery store" means a store or part of a store that is known generally as: (1) a supermarket, grocery store, or delicatessen and is primarily engaged in the retail sale of a general food line, which may include: (A) canned and frozen foods; (B) fresh fruits and v…

Sec. 19. The term "hotel" means an establishment which meets the requirements provided in IC 7.1-3-20-18. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.79-1986, SEC.1.

Sec. 19.5. "Internet company" means a person that: (1) has the permits required under this title for the person to conduct business in Indiana; (2) does business in more than one (1) state or country; and (3) solicits orders for the sale of alcoholic beverages to a person in Indi…

Sec. 19.6. The term "jumbo boat" means a vessel having a length of at least one hundred thirty-five (135) feet and a width of at least thirty-five (35) feet. The term does not include a riverboat (as defined in IC 4-33-2-17). As added by P.L.285-2019, SEC.4. Amended by P.L.194-20…

Sec. 19.7. "Law enforcement officer", for purposes of IC 7.1-5-1-6.5, has the meaning set forth in IC 35-31.5-2-185. As added by P.L.93-2012, SEC.1. Amended by P.L.114-2012, SEC.15.

Sec. 2. Accommodations. The term "accommodations" means the seating capacity for the serving of food in a room in which alcoholic beverages are sold. It does not mean any accommodation or seating capacity in the sleeping quarters in a hotel. [Pre-1973 Recodification Citation: 7-1…

Sec. 20. Licensed Premises. The term "licensed premises" means a building, or part of a building, in which alcoholic beverages are authorized by a permit to be kept, manufactured, or sold. The term does not mean the residential portion of a building in which alcoholic beverages a…

Sec. 20.5. The term "limited liability company" has the meaning set forth in IC 23-18-1-11. As added by P.L.51-1994, SEC.1.

Sec. 20.7. The term "limited partnership" has the meaning set forth in IC 23-16-1-9. As added by P.L.105-1995, SEC.1.

Sec. 21. Liquor. The term "liquor" means an alcoholic beverage containing alcohol obtained by distillation. The term also means a wine that contains twenty-one per cent (21%), or more, of alcohol reckoned by volume. However, the term does not include industrial alcohol. [Pre-1973…

Sec. 22. The term "local board" means a local alcoholic beverage board of a county created pursuant to the provisions of IC 7.1-2-4. [Pre-1973 Recodification Citation: 7-1-1-5 (cl. 19).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.87.

Sec. 23. Malt Articles. The term "malt articles" means malt, malt syrup, malt extract, liquid malt, or wort, and their containers. [Pre-1973 Recodification Citation: 7-1-1-3(q).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 24. The term "member of a club" means a person who meets the requirements provided in IC 7.1-3-20-6. [Pre-1973 Recodification Citation: 7-1-1-3(h).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.88.

Sec. 25. "Minor" means a person less than twenty-one (21) years of age. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.176-2015, SEC.5; P.L.49-2020, SEC.1.

Sec. 26. Misbranded Alcoholic Beverage. The term "misbranded alcoholic beverage" means: (a) An alcoholic beverage that is not plainly labeled, marked, or otherwise designated in compliance with the rules and regulations of the commission; or, (b) An alcoholic beverage sold or off…

Sec. 26.3. "Motor vehicle" means a vehicle that is self-propelled. As added by P.L.106-1995, SEC.1. Amended by P.L.221-2014, SEC.6.

Sec. 26.5. The term "nonalcoholic malt beverage" means a liquid that: (1) is fit for human consumption; (2) is reasonably likely or is intended to be used as a beverage; (3) is produced: (A) in a manner similar to beer; and (B) from ingredients similar to beer; and (4) contains l…

Sec. 27. One-Way Permit. The term "one-way permit" means a beer retailer's permit issued to a permittee. [Pre-1973 Recodification Citation: 7-3-4-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 28. The term "package liquor store" means a place or establishment that meets the requirements provided in IC 7.1-3-10, and whose exclusive business is the retail sale of alcoholic beverages and commodities that are permissible under this title for use or consumption only of…

Sec. 28.5. The term "partnership" has the meaning set forth in IC 23-4-1-6. As added by P.L.51-1994, SEC.2. Amended by P.L.105-1995, SEC.2.

Sec. 29. (a) "Permit", except as provided in subsection (b), means a written authorization issued by the commission entitling its holder to manufacture, rectify, distribute, transport, sell, or otherwise deal in alcoholic beverages, all as provided in this title. (b) "Permit", fo…

Sec. 3. Adulterated Alcoholic Beverage. The term "adulterated alcoholic beverage" means: (a) An alcoholic beverage that contains an ingredient prohibited by law or by a rule or regulation of the commission; (b) An alcoholic beverage possessed, kept or offered for sale, or sold, w…

Sec. 3.5. "Advertising specialty" means an item having a fair market value of: (1) not more than one thousand dollars ($1,000); or (2) more than one thousand dollars ($1,000) with the prior written approval of the commission; that is designed to be used within a retailer or deale…

Sec. 30. (a) "Permittee", except as provided in subsection (b), means a person who is the holder of a valid permit under this title, including an agent, servant, or employee of, or other person acting on behalf of, a permittee, whenever a permittee is prohibited from doing a cert…

Sec. 31. The term "person" includes: (1) a natural individual; (2) a firm; (3) a corporation; (4) a partnership; (5) a limited partnership; (6) a limited liability company; (7) an incorporated or unincorporated association; or (8) other legal entity; whether acting by themselves …

Sec. 32. Pint. The term "pint" means a liquid measure equal to one-eighth (1/8) of a gallon. [Pre-1973 Recodification Citation: 7-1-1-41(e).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 32.3. "Powdered or crystalline alcohol" means alcohol in a powdered or crystalline form, for either direct use or reconstitution. As added by P.L.70-2015, SEC.1.

Sec. 32.5. The term "primary source of supply" means, in regard to the alcoholic beverage being sold to a wholesaler: (1) an artisan distiller or distiller of the alcoholic beverage; (2) a producer of the alcoholic beverage; (3) a vintner of the alcoholic beverage; (4) a rectifie…

Sec. 32.7. "Professional and educational expenses", for purposes of IC 7.1-5-5, means one (1) or more of the following: (1) 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 f…

Sec. 33. The term "public nuisance" means an act, practice, place, or thing prohibited by IC 7.1-2-6. [Pre-1973 Recodification Citation: 7-1-1-37.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.90.

Sec. 34. Quart. The term "quart" means a liquid measure equal to one-fourth (1/4) of a gallon. [Pre-1973 Recodification Citation: 7-1-1-41(e).] Formerly: Acts 1973, P.L.55, SEC.1.