Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO
89 chapters · 1,072 sections in this title.
Ind. Code § 7.1-1-3-26.5 "Nonalcoholic malt beverage"
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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…
Ind. Code § 7.1-1-3-27 "One-way permit"
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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.
Ind. Code § 7.1-1-3-28 "Package liquor store"
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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…
Ind. Code § 7.1-1-3-28.5 "Partnership"
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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.
Ind. Code § 7.1-1-3-29 "Permit"
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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…
Ind. Code § 7.1-1-3-3 "Adulterated alcoholic beverage"
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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…
Ind. Code § 7.1-1-3-3.5 "Advertising specialty"
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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…
Ind. Code § 7.1-1-3-30 "Permittee"
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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…
Ind. Code § 7.1-1-3-31 "Person"
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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 …
Ind. Code § 7.1-1-3-32 "Pint"
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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.
Ind. Code § 7.1-1-3-32.3 "Powdered or crystalline alcohol"
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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.
Ind. Code § 7.1-1-3-32.5 "Primary source of supply"
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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…
Ind. Code § 7.1-1-3-32.7 "Professional and educational expenses"
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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…
Ind. Code § 7.1-1-3-33 "Public nuisance"
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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.
Ind. Code § 7.1-1-3-34 "Quart"
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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.
Ind. Code § 7.1-1-3-35 "Rectifier"
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Sec. 35. Rectifier. The term "rectifier" means a person who colors, flavors, or otherwise processes already existing alcoholic beverages by distillation, blending, percolating, or other process. [Pre-1973 Recodification Citation: 7-1-1-3(m).] Formerly: Acts 1973, P.L.55, SEC.1.…
Ind. Code § 7.1-1-3-36 "Rectify"
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Sec. 36. Rectify. The term "rectify" means and includes the processes used by a rectifier in the rectification of alcoholic beverages. [Pre-1973 Recodification Citation: 7-1-1-3(m).] Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-1-3-37 "Residence"
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Sec. 37. Residence. The term "residence" means: (a) The premises in which a person resides and includes the aggregation of the rooms inhabited by him, including the cellar and basement under them; and, (b) Also means a room equipped for sleeping or a suite located in a hotel when…
Ind. Code § 7.1-1-3-38 "Residential district"
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Sec. 38. Residential District. The term "residential district" means an area composed of all territory within a radius of five hundred (500) feet of the premises described in the application for a permit being considered and in which area seventy-five percent (75%) or more of the…
Ind. Code § 7.1-1-3-39 "Resort hotel"
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Sec. 39. The term "resort hotel" means an establishment which meets the requirements provided in IC 7.1-3-20-21. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.91.
Ind. Code § 7.1-1-3-4 "Alcohol"
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Sec. 4. Alcohol. The term "alcohol" means the compound C2H5OH, known as ethyl alcohol, hydrated oxide of ethyl, or spirits of wine, from whatever source or by whatever process produced. [Pre-1973 Recodification Citation: 7-1-1-3(f).] Formerly: Acts 1973, P.L.55, SEC.1.
Ind. Code § 7.1-1-3-40 "Restaurant"
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Sec. 40. The term "restaurant" means an establishment which meets the requirements provided in IC 7.1-3-20-9. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.92.
Ind. Code § 7.1-1-3-41 "Salesman"
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Sec. 41. Salesman. The term "salesman" means: (a) A person who procures, or seeks to procure an order or contract for the sale, or for the delivery, or for the transportation of alcoholic beverages; and, (b) Also means a person who is engaged in promoting the sale of alcoholic be…
Ind. Code § 7.1-1-3-42 "Service bar"
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Sec. 42. Service Bar. The term "service bar" means a counter over which alcoholic beverages are served and which is used only by the employees of the establishment in which it is located in the course of their employment. [Pre-1973 Recodification Citation: 7-1-6-1.] Formerly: Act…
Ind. Code § 7.1-1-3-43 "Setup"
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Sec. 43. Setup. The term "setup" means a glass, container, ice, water or mixer, served to a patron for the purpose of being used or consumed with an alcoholic beverage brought upon the licensed premises by the patron. [Pre-1973 Recodification Citation: 7-2-1-10.] Formerly: Acts 1…
Ind. Code § 7.1-1-3-44 Repealed
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[Pre-1973 Recodification Citation: 7-1-1-22.5.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.201-1999, SEC.1; P.L.165-2006, SEC.1. Repealed by P.L.32-2021, SEC.15. IC 7.1-1-3-45 "Special disqualifications" Sec. 45. The term "special disqualifications" means those impedim…
Ind. Code § 7.1-1-3-46 "Table wine"
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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.
Ind. Code § 7.1-1-3-47 "Three-way permit"
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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.
Ind. Code § 7.1-1-3-47.5 "Tobacco product"
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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) that c…
Ind. Code § 7.1-1-3-48 "Two-way permit"
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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.
Ind. Code § 7.1-1-3-49 "Wine"
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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…
Ind. Code § 7.1-1-3-5 "Alcoholic beverage"
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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…
Ind. Code § 7.1-1-3-5.5 "Applicant"
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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.
Ind. Code § 7.1-1-3-50 "Wood alcohol"
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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…
Ind. Code § 7.1-1-3-6 "Beer"
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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…
Ind. Code § 7.1-1-3-7 "Bona fide evidence of majority or identity"
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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…
Ind. Code § 7.1-1-3-8 "Carrier"
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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; …
Ind. Code § 7.1-1-3-9 "Chairman"
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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.
Ind. Code § 7.1-1-3-9.5 "Hard cider"
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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…
Ind. Code § 7.1-2-3-1 Duties of chairman
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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 …
Ind. Code § 7.1-2-3-10 Investigations; memorandum of understanding
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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…
Ind. Code § 7.1-2-3-11 Emergencies
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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 …
Ind. Code § 7.1-2-3-12 Searches and seizures
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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…
Ind. Code § 7.1-2-3-13 Prevention of subterfuge
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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…
Ind. Code § 7.1-2-3-14 Standards of sanitation
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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…
Ind. Code § 7.1-2-3-15 Destruction of personal property
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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 …
Ind. Code § 7.1-2-3-16 Regulation of advertising
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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…
Ind. Code § 7.1-2-3-16.5 "Facility"
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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) …
Ind. Code § 7.1-2-3-17 Registration requirements
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Sec. 17. Registration Requirements. The commission shall have the power to require the registration of all brands, formulas, analyses, labels, and trademarks used, or proposed to be used, in selling or advertising alcoholic beverages. The commission shall not have the power to re…
Ind. Code § 7.1-2-3-18 Regulation of transportation and containers
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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…