Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO
89 chapters · 1,072 sections in this title.
Ind. Code § 7.1-2-5-1 Issuance of warrant
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Sec. 1. A judge of any court may issue a warrant to search a house or other place for alcohol, an alcoholic liquid or substance, a still, a distilling apparatus, a tobacco product, or another article that is being possessed, kept, sold, bartered, given away, used, or transported …
Ind. Code § 7.1-2-5-10 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-39(2).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.63-1990, SEC.1.
Ind. Code § 7.1-2-5-11 Evidence of misbranding
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Sec. 11. An unbroken bottle or container which contains, or has contained, liquor or wine and which bears a brand, label, trade-mark, name or other device, marking, inscription, or a reference to quality, nature, character, origin, or manufacturer of the alcoholic beverage conten…
Ind. Code § 7.1-2-5-12 Oral evidence
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Sec. 12. The court shall receive oral testimony also upon a matter referred to in section 11 of this chapter for the purpose of showing a violation of this title whether the bottle or container is offered in evidence or not. [Pre-1973 Recodification Citation: 7-1-1-39(2).] Former…
Ind. Code § 7.1-2-5-13 Destroyed evidence
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Sec. 13. If a fluid is poured out or otherwise destroyed or carried away by the tenant or other person when a premises is being searched, the fluid shall be held to be, prima facie, an alcoholic beverage held or possessed contrary to this title and intended for unlawful possessio…
Ind. Code § 7.1-2-5-14 Sale of property seized from owner
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Sec. 14. Sale of Property Seized from Owner. The court, upon conviction of the owner, shall order that personal property of any type seized under this title and which has been found to have been used, kept or possessed in violation of this title shall be sold by the chairman if t…
Ind. Code § 7.1-2-5-16 Rights of lien holders
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Sec. 16. A lien holder, by intervention at a hearing as provided in section 14 or 15 of this chapter or in another proceeding brought for that purpose, at any time before the sale of property ordered sold, may have the lien holder's lien determined and the lien holder's priority …
Ind. Code § 7.1-2-5-17 Conduct of sale
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Sec. 17. Property ordered sold by a court under the provisions of section 14 or 15 of this chapter shall be sold by the chairman at public auction in any county in which he may deem it most advantageous to sell the property. The chairman shall give one (1) week's notice of the sa…
Ind. Code § 7.1-2-5-2 Service of warrant
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Sec. 2. Service of Warrant. The warrant shall be directed to the officer, agent, or employee of the commission who filed the affidavit for the warrant and otherwise it shall be directed to any officer who has the power to serve criminal process. The warrant shall be served by the…
Ind. Code § 7.1-2-5-3 Seizures
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Sec. 3. Seizures. The officer who serves the warrant shall seize any article described in the warrant and any other article that he may find during the search that is used in the violation of a provision of this title and hold them pending the disposition as may be ordered by the…
Ind. Code § 7.1-2-5-4 Disposition of articles pending judgment
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Sec. 4. An alcoholic beverage or a tobacco product seized pursuant to this chapter and any other article which may be found on the searched premises and taken under the warrant shall not be taken from the custody of the person who served the warrant by a writ of replevin or other…
Ind. Code § 7.1-2-5-5 Property rights limited
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Sec. 5. All rights of any kind in an alcoholic beverage or a tobacco product of any type, or in a container for an alcoholic beverage, or in an article, apparatus, package, fixture or utensil in which an alcoholic beverage or a tobacco product may be placed, or which is used in c…
Ind. Code § 7.1-2-5-6 Certain property rights prohibited
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Sec. 6. A person shall have no property right of any kind in alcohol, an alcoholic beverage, a malt article, or a tobacco product had, kept, transported, or possessed contrary to law, or in or to a receptacle or container of any kind in which these liquids and articles may be fou…
Ind. Code § 7.1-2-5-7 Illegal transportation; property rights limited
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Sec. 7. A person who is interested in illegal transportation, or who has knowledge of it, shall have no right, title, or interest in or to a conveyance of any kind used for the illegal transportation of alcohol, alcoholic beverages, malt articles, or a tobacco product. [Pre-1973 …
Ind. Code § 7.1-2-5-8 Forfeiture to state
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Sec. 8. An officer who makes an arrest for a violation of the provisions of this title shall seize the evidence of the commission of that violation, including any vehicle, automobile, boat, air or water craft, or other conveyance in which alcohol, alcoholic beverages, malt articl…
Ind. Code § 7.1-2-5-9 Opinion evidence
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Sec. 9. Opinion Evidence. Testimony concerning the appearance, taste or odor of a beverage or liquid shall be received in evidence in a criminal prosecution under this title, or in a proceeding before the commission or a local board. A witness, either lay or expert, may testify a…
Ind. Code § 7.1-3-5-0.3 Legalization of certain beer dealer permits issued or
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transferred after June 30, 1997, until March 14, 2002 Sec. 0.3. A new or renewal beer dealer permit issued or transferred to a package liquor store after June 30, 1997, and until March 14, 2002, is legalized. As added by P.L.220-2011, SEC.172.
Ind. Code § 7.1-3-5-1 Application
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Sec. 1. Application. The commission may issue a beer dealer's permit to a person who desires to sell beer to customers for consumption only off the licensed premises and who meets the qualifications provided by this title. [Pre-1973 Recodification Citation: 7-1-1-12.] Formerly: A…
Ind. Code § 7.1-3-5-2 Applicants eligible for permits; renewal of permits
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Sec. 2. (a) As used in this section, "proprietor of a package liquor store" means the person that: (1) holds the financial investment in; and (2) exercises the financial and operational oversight of; a package liquor store. (b) The commission may issue a beer dealer's permit only…
Ind. Code § 7.1-3-5-3 Scope of permit
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Sec. 3. (a) The holder of a beer dealer's permit shall be entitled to purchase beer for sale under the permit only from a permittee entitled to sell to a beer dealer under this title. (b) A beer dealer shall be entitled to possess beer and sell it at retail to a customer in permi…
Ind. Code § 7.1-3-5-4 Renewal or transfer of certain permits held before July 1, 2008
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Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the commission may renew or transfer ownership of a beer dealer's permit for a beer dealer who: (1) held a permit before July 1, 2008; and (2) has a premises that does not qualify for a permit as a grocery store under IC 7.1-1-3-18.5. …
Ind. Code § 7.1-3-5-5 Reporting annual gross sales of food; confidential; department
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of state revenue; verification Sec. 5. (a) As used in this section, "annual gross sales of food" refers to annual gross sales of food for human consumption that are exempt from the state gross retail tax. (b) The holder of a permit issued to a grocery store that is generally know…
Ind. Code § 7.1-5-5-1 Repealed
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[Pre-1973 Recodification Citation: 7-2-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.34.
Ind. Code § 7.1-5-5-10 Acceptance of gift by retailer or dealer prohibited; payment of
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certain expenses allowed Sec. 10. (a) Except as provided in subsection (b), it is unlawful for a person who holds a retailer's or dealer's permit of any type to receive or accept a gift from a manufacturer of alcoholic beverages or from a permittee authorized to sell and deliver …
Ind. Code § 7.1-5-5-11 Gift to another permittee prohibited; promotional prizes; bona
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fide incentives; payment of certain expenses Sec. 11. (a) Except as provided in subsections (c), (d), and (e), it is unlawful for a manufacturer of alcoholic beverages or a permittee authorized to sell and deliver alcoholic beverages to: (1) give to another permittee who purchase…
Ind. Code § 7.1-5-5-12 Amateur athletics; soliciting assistance prohibited
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Sec. 12. (a) It is unlawful for a permittee who sponsors an amateur athletic contest, team, or sporting contest to solicit or accept assistance, either financial or otherwise, from another permittee for the purpose of promoting the amateur athletic contest, team, or sporting even…
Ind. Code § 7.1-5-5-13 Free or discounted rides provided to consumers
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Sec. 13. (a) Notwithstanding any other provision of this title, manufacturers, wholesalers, and retailer permittees may provide directly to consumers free or discounted rides through: (1) taxicabs; (2) transportation network companies (as defined in IC 8-2.1-17-18); or (3) other …
Ind. Code § 7.1-5-5-2 Commission; receiving gifts prohibited
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Sec. 2. (a) It is unlawful for a commissioner, an officer or employee of the commission, or a member of a local board, to receive a gratuity, commission, or profit of any kind from a person applying for or receiving a permit under this title. (b) A person who knowingly or intenti…
Ind. Code § 7.1-5-5-3 Illegal influence prohibited
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Sec. 3. (a) It is unlawful for the holder of a manufacturer's permit of any type, a wholesaler's permit of any type, or an officer, employee, agent or other representative of a surety company which has executed a bond for a permittee under this title to seek to influence or recom…
Ind. Code § 7.1-5-5-4 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-5.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1977, P.L.97, SEC.1.
Ind. Code § 7.1-5-5-5 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-5.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1977, P.L.97, SEC.1.
Ind. Code § 7.1-5-5-6 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-5.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1977, P.L.97, SEC.1.
Ind. Code § 7.1-5-5-7 Discrimination in sales prohibited; exception; special discounts
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for certain products Sec. 7. (a) It is unlawful for a permittee in a sale or contract to sell alcoholic beverages to discriminate between purchasers by granting a price, discount, allowance, or service charge which is not available to all purchasers at the same time. However, thi…
Ind. Code § 7.1-5-5-8 Repealed
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[Pre-1973 Recodification Citation: 7-2-1-22.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.
Ind. Code § 7.1-5-5-9 Coercion prohibited; unequitable termination of contract
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prohibited Sec. 9. (a) This section does not apply to product management (as described in 905 IAC 1-5.2-15) by a permittee. (b) It is unlawful for a permittee to coerce, or attempt to coerce, or persuade another permittee to enter into an agreement, or to take an action, which wo…
Ind. Code § 7.1-7-5-1 Repealed
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As added by P.L.176-2015, SEC.9. Repealed by P.L.206-2017, SEC.28.
Ind. Code § 7.1-7-5-1.1 Requirements for retailers, distributors, and manufacturers
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Sec. 1.1. (a) A retailer must have a valid sales certificate issued by the commission in accordance with IC 7.1-3-18.5-1 that contains a separate box to check for identifying a retailer that sells e-liquids. (b) A retailer may purchase e-liquid only from an Indiana e-liquid manuf…