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

Sec. 1. Local Boards Created. There is hereby created in each county a local board to be known as the "Alcoholic Beverage Board of __________ County." [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 10. The county executive and fiscal body and the city or town executive, as the case may be, shall make their appointments to the local board within fifteen (15) days after being notified by the commission by registered mail to do so. The commission may extend this time limi…

Sec. 11. Ad Interim Appointments. The commission shall have the power to make an ad interim appointment to a local board if the required appointment is not made within the applicable time limit. An ad interim appointee shall have full power to act as a member of the local board f…

Sec. 12. Commission Appointments. The commission shall have the power to make an appointment to a local board if the required appointment is not made within one hundred (100) days following the mailing of the first notice requesting that the appointment be made. [Pre-1973 Recodif…

Sec. 13. Terms of Office. The term of office of an appointed member, other than an ad interim appointee, shall be for one (1) year from the date of his appointment and until his successor is appointed and qualified. The designated representative of the commission shall not have a…

Sec. 13.5. (a) This section does not apply to a designated member of the local board who is an employee or officer of the commission. (b) A local board member shall complete a training program conducted by the commission. A local board member may not be required to take a test or…

Sec. 14. Local Board Organization. A local board shall meet and organize immediately following the appointment of its members. The local board shall elect one (1) of its members to serve as president. The president shall preside at the meetings of the board and shall sign the min…

Sec. 15. Meetings. Meetings of the local board shall be held in the office of the clerk of the circuit court, or at another place provided by the board of county commissioners. It shall be the duty of a member to attend the meetings of his board and to discharge the duties of his…

Sec. 16. Quorum and Voting. Three (3) members of a local board shall constitute a quorum for the transaction of business. A local board may take action only upon the affirmative votes of at least three (3) of its members. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly:…

Sec. 17. Compensation. As compensation for services, an appointed member of a local board shall receive an annual salary in the amount of two hundred forty dollars ($240), from the state, paid in twelve (12) equal, monthly installments. [Pre-1973 Recodification Citations: 7-1-1-5…

Sec. 18. Additional Compensation. An appointed member of a local board shall receive, in addition to the annual salary, compensation from the state at the rate of three dollars ($3.00), for each application on which he is required to, and does, investigate and report. The additio…

Sec. 19. An appointed member of a local board shall receive mileage at the same rate per mile as is provided for state employees in the state travel policies and procedures established by the department of administration and approved by the state budget agency for each mile, in e…

Sec. 2. An appointed member of a local board shall possess the following qualifications: (1) The person must be at least twenty-one (21) years of age. (2) The person must be a bona fide resident of the county in which the person is to serve for at least five (5) years immediately…

Sec. 20. Oath of Office. An appointed member of a local board shall execute an oath of office in duplicate. One (1) copy of the oath shall be filed in the office of the clerk of the circuit court of the judicial circuit in which the local board sits. The other copy shall be filed…

Sec. 21. Removal from Office. An appointed member of a local board may be removed from office only for good cause. The commission shall give the member a written copy of the charges against him and shall fix the time, which shall not be less than five (5) days thereafter, when th…

Sec. 22. (a) A local board shall allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. However, a local board may set a reasonable limit on the amount of time allowe…

Sec. 3. (a) The designated member of a local board shall meet the following requirements: (1) The person must be an Indiana resident. (2) The person must be familiar with Indiana alcoholic beverage law. (3) The person may not have a conviction within ten (10) years before the dat…

[Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

Sec. 5. Composition. A local board shall be composed of four (4) members who are qualified for their positions according to this chapter, and who, other than the designated representative of the commission, do not hold other lucrative public office or employment. [Pre-1973 Recodi…

Sec. 6. Appointments. A local board shall be composed of three (3) appointed members and one (1) designated member. One (1) of the appointed members shall be appointed by the board of county commissioners of the county in which the board is to perform its duties. One (1) of the a…

Sec. 7. Composition: Two-Cities Exception. In a county in which there are located two (2) or more cities, each having a population of more than ten thousand (10,000), as to all applications for permits which apply to premises within the corporate limits of one (1) of the cities, …

Sec. 8. If there is no city within a county, the executive of the town within the county having the largest population shall make the one (1) appointment to the local board normally made by the executive of the largest city. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Former…

Sec. 9. The order of appointments to a local board shall be as follows: (1) The board of commissioners of a county shall make its appointment first. (2) The city or town executive, as the case may be, shall make the executive's appointment second. (3) The county fiscal body shall…

Sec. 1. Application. The commission may issue a beer retailer's permit to a person who desires to sell beer to customers for consumption on the licensed premises and who meets the qualifications provided by this title. [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts …

Sec. 2. (a) The commission shall not issue a beer retailer's permit, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons: (1) An alien. (2) A person who is not of good repute in the community in whic…

Sec. 3. Premises Outside Corporate Limits. (a) The commission may issue a beer retailer's permit for premises situated outside the corporate limits of an incorporated city or town if the premises are within, or in immediate proximity to, an unincorporated town: (1) which has been…

[Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.270-2017, SEC.8.

[Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

Sec. 6. (a) The holder of a beer retailer's permit shall be entitled to purchase beer for sale under his permit only from a permittee entitled to sell to him under this title. A beer retailer shall be entitled to possess beer and sell it at retail to a customer for consumption on…

Sec. 7. (a) Notwithstanding any other law, a beer retailer may limit sales to the following: (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer. (2) Guests of a person described in …

Sec. 1. An excise tax at the rate of forty-seven cents ($0.47) a gallon is imposed upon the manufacture and sale or gift, or withdrawal for sale or gift, of wine, except hard cider, within this state. [Pre-1973 Recodification Citations: 7-1-1-41(c); 7-2-1-17(c); 7-4-1-1.] Formerl…

Sec. 2. Beverages to Which Tax is Applicable. The wine excise tax shall apply to wine that contains less than twenty-one percent (21%), of absolute alcohol reckoned by volume. The wine excise tax also shall apply to an alcoholic beverage that contains fifteen percent (15%), or le…

Sec. 3. The wine excise tax shall be paid by the holder of a vintner's permit, a farm winery permit, a wine wholesaler's permit, a direct wine seller's permit, a dining car wine permit, or a boat wine permit on the alcoholic beverage to which the tax is applicable and which has b…

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

Sec. 5. Power of Commission and Department. The commission and the department shall have the power to prescribe regulations and maintain gauges in a winery, farm winery, or a wholesaler's premises for the proper gauging of the alcoholic beverages to which the wine excise tax is a…

Sec. 6. Transactions Exempt from Tax. The wine excise tax shall not apply to the sale or withdrawal for sale of wine to a pastor, rabbi, or priest for sacramental or religious purposes only. [Pre-1973 Recodification Citation: 7-1-1-41(c).] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 7. (a) All sales of alcoholic beverages made by a primary source of supply to a wine wholesaler shall at the time of the sale be accompanied by an invoice that must show the following: (1) The name and address of the seller and the purchaser. (2) The date of disposition. (3)…

Sec. 1. It is a Class C misdemeanor for a person to sell, barter, give away, or possess an alcoholic beverage, knowing that all taxes due the state on it are not paid. [Pre-1973 Recodification Citation: 7-1-1-32(6).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.30. …

[Pre-1973 Recodification Citation: 7-1-1-32(7).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.31. Repealed by Acts 1978, P.L.2, SEC.727.

Sec. 3. (a) It is unlawful for a person, other than an officer of the state lawfully entitled to do so, to furnish evidence of the payment of the excise tax, or to execute or issue a permit of any type, to another person. (b) A person who knowingly or intentionally violates this …

[Pre-1973 Recodification Citation: 7-1-1-33(d).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.56, SEC.38.

Sec. 5. (a) It is unlawful for a person to possess an article, instrument, imitation, or counterfeit of a permit, other than one lawfully issued to the person and which the person is lawfully entitled to possess. (b) It is unlawful for a person to display an imitation or counterf…

Sec. 6. (a) It is unlawful for a person to make a statement, written or oral, as to payment to, or the receipt by, the state, for the purpose of defrauding the state of a tax or license fee imposed by this title. (b) A person who knowingly or intentionally violates this section c…

Sec. 7. Evidence. The possession of a permit, or of an imitation or counterfeit of a permit, contrary to the provisions of this chapter, is prima facie evidence of an intent to defraud the state by the possessor of the prohibited article. [Pre-1973 Recodification Citation: 7-1-1-…

2017 Sec. 1. (a) A manufacturer of e-liquid may not mix, bottle, package, or sell e-liquid to retailers, consumers, or distributors in Indiana without a permit issued by the commission under this article. (b) An e-liquid manufactured by an e-liquids manufacturer approved by the c…

Sec. 2. (a) A manufacturing permit that is renewed by the commission is valid for five (5) years. (b) A renewal application for a manufacturing permit must include the following: (1) The name, telephone number, and address of the applicant. (2) The name, telephone number, and add…

As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.25.

Sec. 4. (a) A permit may not be transferred: (1) from the permit holder to another person; or (2) from the location where the permit was approved or renewed to another location; unless approved by the commission. (b) The commission shall allow a permit to be transferred under sub…

Sec. 5. If the information required for the initial or renewal permit changes, the permit holder shall notify the commission within ten (10) business days of the change. If any change in the information required for an application results in a violation of this article, the commi…

requirements Sec. 6. (a) As used in this section: (1) "adulterated" means a product that: (A) consists in whole or in part of any filthy, putrid, or decomposed substance; or (B) is contaminated by any added poisonous or added deleterious substance that may render the product inju…