Title 7.1, ALCOHOL AND TOBACCO

Sec. 45.5. "Specialty or gourmet market" means a market that: (1) holds a beer retailer's permit under IC 7.1-3-4 and wine retailer's permit under IC 7.1-3-14; (2) is engaged in the retail sale of miscellaneous specialty foods for consumption on and off the premises, including: (…

Sec. 45.7. "Sports arena" means an indoor or outdoor facility where the main purpose and function of the facility is organized sporting competition. The term does not include: (1) a facility to which IC 7.1-3-1-25(a) applies; (2) a tract that contains a premises described in IC 7…

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) and e-…

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. 8.5. "Certificate" means a retail or wholesale tobacco sales certificate for purposes of IC 7.1-3-18.5. As added by P.L.250-2003, SEC.3. Amended by P.L.153-2026, SEC.16.

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. 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. 19. Regulation of Records. The commission shall have the power to: (a) Prescribe the manner and methods by which all records relating to alcoholic beverages are kept and preserved; (b) Inspect all records relating to alcoholic beverages; and, (c) Require true copies of any r…

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(…

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…

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).]…

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…

Sec. 33. The commission is authorized to: (1) investigate a violation of; and (2) enforce a penalty for a violation of; IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8. As added by P.L.177-1999,…

Sec. 4. The commission shall have the power to: (1) hold hearings before the commission or its representative; (2) take testimony and receive evidence; (3) conduct inquiries with or without hearings; (4) receive reports of investigators or other governmental officers and employee…

Sec. 4.5. The commission and the chairman may exercise only those express powers enumerated in this title; however, this section does not limit the powers granted to the commission by section 31 of this chapter. As added by Acts 1982, P.L.69, SEC.3.

Sec. 4.6. (a) The commission shall prepare quarterly reports that provide the violations by permittees subject to an enforcement action under IC 7.1-5-7-17. The commission shall issue the quarterly reports on or before the fifteenth day of: (1) January, concerning violations comm…

Sec. 5. Enforcement of Subpoena. The commission shall have the authority to petition the circuit or superior court of the county in which the hearing or investigation is being held to compel obedience to the lawful requirements of its subpoena under this title. [Pre-1973 Recodifi…

Sec. 6. The rules and regulations of the commission shall be made, promulgated, filed and published pursuant to the provisions of IC 4-22-2 as amended. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.95.

Sec. 7. The commission shall have the power to promulgate rules and regulations governing the following: (1) The conduct of the meetings and business of the commission. (2) The conduct of hearings before any of the commission's representatives. (3) The conduct of the business of …

Sec. 8. Conformance to United States Law. The commission shall have the power to conform, to adapt, or to coordinate, to the extent the commission deems proper, the practices, methods, standards, and rules and regulations governing the traffic in alcohol and alcoholic beverages, …