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

Sec. 1. Power of Commission. The commission shall have the duty to make and enter orders with respect to alcoholic beverages manufactured, processed, or transported from, outside this state and imported into this state as will most effectively produce the discontinuance of discri…

Sec. 2. Investigations. The commission, from time to time, either on its own initiative or on complaint of a resident of this state, shall make, or cause to be made, investigations of the laws, rules, regulations, ordinances and practices of the several states, territories, distr…

Sec. 3. Entrance of Orders. If, upon investigation, the commission finds that discrimination does exist, it shall make and enter one (1) of the following orders: (a) prohibiting the importation, transportation, purchase, receipt, sale, delivery, distribution, or possession into o…

Sec. 4. The commission, in making an order under section 3 of this chapter, shall not be limited to the products of the particular state, territory, district, political subdivision, municipality or person in which or in whose favor the discrimination is found to exist. The commis…

Sec. 5. Hearing of Aggrieved Party. A resident of this state who is aggrieved by an order of the commission entered under this chapter, may file, within thirty (30) days after the entrance of the order, his written complaint with the commission asking that the order be vacated or…

Sec. 6. An order of the commission entered under this chapter shall become final and shall not thereafter be open to attack for any purpose if a complaint is not filed pursuant to section 5 of this chapter within thirty (30) days after the entrance of the order. [Pre-1973 Recodif…

Sec. 7. (a) The commission shall have the power to make and establish rules for the admission of evidence and the conduct of the hearing, as in its opinion will serve best the purpose of the hearing. The attorney general of the state shall appear at the hearing and represent the …

Sec. 8. Findings. The commission, at the conclusion of the hearing and within ten (10) days after it, shall make and enter its findings and decision vacating, modifying, or affirming its order. These findings and decision shall be final and conclusive as to all matters contained …

Sec. 9. Reciprocity Agreements. The commission may enter into a reciprocity agreement with another state, territory, district, political subdivision, or municipality outside this state, regarding the importation, exportation, transportation, sale, purchase, receipt, delivery, dis…

Sec. 1. Application. The commission may issue a distiller's permit to a person who desires to commercially manufacture liquor. The commission also may issue a rectifier's permit to a person who desires to rectify liquor. [Pre-1973 Recodification Citations: 7-1-1-16; 7-1-1-17.] Fo…

Sec. 2. Persons Eligible for Permits. The commission may issue a distiller's or a rectifier's permit to a domestic corporation, or a foreign corporation admitted to do business in this state, if the corporation is qualified to obtain the necessary permit or license from the Unite…

Sec. 3. (a) The holder of a distiller's permit shall be entitled to: (1) manufacture liquor; (2) rectify liquor; (3) bottle liquor; and (4) insert liquor into containers. (b) A distiller shall enjoy all the privileges accorded the holder of a rectifier's permit, but the distiller…

Sec. 4. Importation of Alcohol by Distiller. The holder of a distiller's permit also shall be entitled to import alcohol for use in the manufacture, preparation, or rectification of liquor or other substances that may be lawfully manufactured under his permit. [Pre-1973 Recodific…

[Pre-1973 Recodification Citation: 7-1-1-16.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.

Sec. 7. Scope of Permit. The holder of a rectifier's permit shall be entitled to rectify liquor and to bottle it. A rectifier shall be entitled to transport liquor and to sell and deliver it in shipments to points outside this state, or to the holder of a liquor wholesaler's perm…

Sec. 8. Importation of Alcohol by Rectifier. The holder of a rectifier's permit also shall be entitled to import alcohol for use in the preparation and rectification of liquor but not for sale as a finished product for beverage purposes. A rectifier shall not be entitled to impor…

Sec. 9. Renewals. The holder of a distiller's or rectifier's permit shall pay the appropriate annual license fee to the chairman on the anniversary of the date of the issuance of the original permit in order to keep his distiller's or rectifier's permit in force. [Pre-1973 Recodi…

Sec. 1. The chairman shall collect the required annual license fee paid in connection with the issuance of a brewer's permit, a beer wholesaler's permit, a temporary beer permit, a dining car permit of any type, a boat permit of any type, an artisan distiller's permit, a distille…

Sec. 2. The chairman shall collect the authorized deduction retained by the state when an application for a permit, of a type listed in section 1 of this chapter, is denied. The chairman also shall collect the prescribed cost fee paid in connection with the transfer of a permit o…

Sec. 3. Miscellaneous Collections. The chairman shall collect all other assessments not specifically included in this chapter and not otherwise disposed of by a provision of this title. The chairman or the department shall collect the penalty for the nonpayment of taxes imposed b…

state general fund Sec. 4. (a) Except as provided in subsection (b), the chairman and the department shall deposit the money collected under sections 1, 2, and 3 of this chapter daily with the treasurer of state, and not later than the fifth day of the following month shall cover…

Sec. 5. The department shall deposit: (1) four cents ($0.04) of the beer excise tax rate collected on each gallon of beer or flavored malt beverage; (2) one dollar ($1) of the liquor excise tax rate collected on each gallon of liquor; (3) twenty-five cents ($0.25) of the wine exc…

Sec. 6. The treasurer of state shall set aside for general fund purposes, fifty percent (50%) of the gross amount of the revenue deposited in the general fund in accordance with the provisions of section 5 of this chapter. [Pre-1973 Recodification Citations: 7-1-1-41(f); 7-4-2-1.…

Sec. 7. The treasurer of state shall set aside for allocation to the cities and towns of this state, fifty percent (50%) of the gross amount of the revenue deposited in the general fund in accordance with the provisions of section 5 of this chapter. [Pre-1973 Recodification Citat…

Sec. 8. The sum set aside in accordance with the provisions of section 7 of this chapter shall be allocated to a city or town upon the basis that the population of that city or town bears to the total population of all cities and towns of this state. [Pre-1973 Recodification Cita…

Sec. 9. The auditor of state shall, on or before the tenth day of April of each year and quarterly on or before the tenth day of the month thereafter, distribute the funds set aside in accordance with the provisions of section 7 of this chapter or the portion of them as reported …

As added by P.L.220-2011, SEC.177. Repealed by P.L.63-2012, SEC.9.

As added by P.L.220-2011, SEC.178. Repealed by P.L.159-2014, SEC.46.

Sec. 1. It is a Class C misdemeanor for a minor to knowingly or intentionally make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or o…

Sec. 10. (a) It is a Class C infraction for a minor to knowingly or intentionally be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. (b) It is a Class C misdemeanor for a permittee to recklessly …

Sec. 11. (a) The provisions of sections 9 and 10 of this chapter shall not apply if the public place involved is one (1) of the following: (1) Civic center. (2) Convention center. (3) Sports arena. (4) Bowling center. (5) Bona fide club. (6) Drug store. (7) Grocery store. (8) Boa…

Sec. 12. Except as provided in section 13 of this chapter, it is a Class B misdemeanor for a person to knowingly or intentionally employ a minor in or about a place where alcoholic beverages are sold, furnished, or given away for consumption either on or off the licensed premises…

Sec. 13. (a) Section 12 of this chapter does not prohibit the following: (1) The employment of a person at least eighteen (18) years of age but less than twenty-one (21) years of age on or about licensed premises where alcoholic beverages are sold, furnished, or given away for co…

Sec. 14. It is a Class B misdemeanor for a permittee to knowingly or intentionally permit a minor to be in or around the licensed premises after receiving written notice from the parent, guardian, or other person having custody of the minor that the minor is in fact a minor and d…

Sec. 15. A person twenty-one (21) years of age or older who knowingly or intentionally encourages, aids, or induces a minor to unlawfully possess an alcoholic beverage commits a Class C infraction. As added by P.L.102-1983, SEC.8.

Sec. 16. The commission shall conduct random unannounced inspections at locations where alcoholic beverages are sold or distributed to ensure compliance with this title. Only the commission may conduct the random unannounced inspections. The commission may use retired or off duty…

Sec. 17. (a) Notwithstanding any other law, an enforcement officer vested with full police powers and duties may engage a person who is: (1) at least eighteen (18) years of age; and (2) less than twenty-one (21) years of age; to receive or purchase alcoholic beverages as part of …

Sec. 2. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate or assist in the violation of a provision of this title. [Pre-1973 Recodification Citation: 7-5-2-2(a).] Formerly:…

Sec. 3. It is a Class C infraction for a minor to have in his possession false or fraudulent evidence of majority or identity with the intent to violate a provision of this title. [Pre-1973 Recodification Citation: 7-5-2-2(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Ac…

Sec. 4. A permittee shall have the right to demand of a customer a signed written statement, on a form prescribed by the commission, that the customer is not a minor. It is a Class C infraction for a minor to misrepresent his age on the statement. [Pre-1973 Recodification Citatio…

Sec. 4.5. (a) As used in this section, "ID card" means any of the following: (1) A driver's license. (2) A photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government. (3) A government issued docume…

[Pre-1973 Recodification Citation: 7-5-2-3(a).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.

alcoholic beverage to minor Sec. 5.1. (a) A permittee in a criminal prosecution or in a proceeding before the commission or a local board based upon a charge of unlawfully furnishing an alcoholic beverage to a minor may offer either or both of the following proofs as a defense or…

[Pre-1973 Recodification Citation: 7-5-2-4.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C misdemeanor for a minor to knowingly: (1) possess an alcoholic beverage; (2) consume an alcoholic beverage; or (3) transport an alcoholic beverage on a public highway when not accompanied by at least one (1) of the minor's pa…

of enabling minors to consume alcohol prohibited Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor. (b) However, the offense described in subsection (a) is: …

Sec. 9. (a) It is a Class C infraction for a parent, guardian, trustee, or other person having custody of a child under eighteen (18) years of age to take that child into a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, pro…