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

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(…

[Pre-1973 Recodification Citation: 7-1-1-5(14).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2010, SEC.38. Repealed by P.L.196-2015, SEC.2.

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…

[Pre-1973 Recodification Citation: 7-1-1-8(3).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.

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).]…

[Pre-1973 Recodification Citation: 7-2-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.2.

[Pre-1973 Recodification Citation: 7-2-1-6.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.6, SEC.36.

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…

or electronic cigarettes 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.186-2011, SEC.1. Expired 7-1-2012 by P.L.186-2011, SEC.1.

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, …

Sec. 9. The commission shall have the discretionary authority to issue, deny, suspend, revoke, or not renew all permits and certificates authorized by this title, unless the exercise of discretion or authority is limited by applicable provisions of this title. [Pre-1973 Recodific…

Sec. 1. Application. The commission may issue a beer wholesaler's permit to a person who desires to sell beer at wholesale and who meets the qualifications required by this title. The commission may require additional proof, by affidavit or otherwise, that an applicant possesses …

Sec. 10. Conduct of Hearing. The hearing on the denial of the renewal shall be conducted by a member of the commission or by a special examiner designated by it for this purpose. A deputy attorney general of the state shall represent the State of Indiana at the hearing and he sha…

Sec. 11. Findings and Conclusions: Action of Commission. The person who conducted the hearing shall make a report of the recommended findings of fact and conclusions to the commission following the hearing. The commission, upon receipt of the report, by a majority vote of its mem…

Sec. 12. Petition for Review. The applicant, if the order of the commission affirms the denial of the renewal of his permit, may file, within ten (10) days following its receipt by him, an action to review the findings, conclusions and order in the Superior Court of Marion County…

Sec. 13. Contents of Petition. The petition for review shall be verified by the applicant, or by someone in his behalf having knowledge of the matters stated in the petition, and may include a prayer that a temporary restraining order be issued against the commission, temporarily…

Sec. 14. Ad Interim Operations. The denial of the renewal of the permit shall not become effective until ten (10) days following the receipt by the applicant of a copy of the findings of fact, conclusions, and order of the commission affirming the denial if notice of denial of re…

Sec. 15. Trial. The court shall give preference to the action for review in order that, consistent with justice, the matters in issue may be determined speedily. A change of venue from the county shall not be granted in an action for review, but either party may apply for and sec…

Sec. 16. Costs. The commission, in the event the denial of renewal becomes final as a result of a failure to bring an action for review, or as a result of the final judgment of the court in which the action was brought, shall deduct from the annual license fee accompanying the ap…

Sec. 17. The circuit or superior court of the county in which the licensed premises of a beer wholesaler are located shall have jurisdiction to enjoin the cancellation or termination of a franchise or agreement between a beer wholesaler and a brewer in violation of IC 7.1-5-5-9. …

Sec. 18. The transfer, sale, acquisition, assignment, control of, or beneficial interest, direct or indirect, in or to a beer wholesaler's permit, or in its business, or in its corporate stock, by a brewer contrary to the provisions of IC 7.1-5-9-2, or the transfer, assignment up…

and liquor wholesaler's permit Sec. 19. The commission may not issue a beer wholesaler's permit to a person who holds a wine wholesaler's permit and a liquor wholesaler's permit. As added by P.L.72-1996, SEC.5.

Sec. 2. Necessary Investment. An applicant for a beer wholesaler's permit shall have available for investment, capital, in cash or property, necessary and useful in his business, exclusively as a beer wholesaler, of at least fifteen thousand dollars ($15,000), exclusive of motor …

Sec. 3. Building Requirements. The building to be occupied by a beer wholesaler shall be owned or leased by him, or storage space in it shall be leased to him. If the building or storage space is held by lease, the lease shall be for the full term of the permit, and no other pers…

Sec. 4. (a) The premises to be used as a warehouse by an applicant shall be described in the application for the permit. The commission shall not issue a beer wholesaler's permit to an applicant for any other warehouse or premises than that described in the application. The commi…

Sec. 5. (a) The holder of a beer wholesaler's permit may purchase and import from the primary source of supply, possess, and sell at wholesale, beer and flavored malt beverages manufactured within or without this state. (b) A beer wholesaler permittee may possess, transport, sell…

Sec. 6. Renewals. A permittee who holds a beer wholesaler's permit and who desires that it be renewed shall file an application for renewal with the commission not less than thirty (30) days prior to the expiration of the existing permit. The application shall be made in the same…

Sec. 7. Action of Commission on Renewals. The commission shall notify the applicant in writing of its determination to grant or deny the renewal of a beer wholesaler's permit not more than ten (10) days after the filing of the application. The notice may be given by personal serv…

Sec. 8. Notice of Renewal. The determination shall be final and conclusive if the notice advises the applicant that his beer wholesaler's permit will be renewed at the expiration of the existing permit term. Prior to the expiration of the existing permit term, the commission shal…

Sec. 9. Demand for Public Hearing. The commission shall state in the notice to the applicant the reasons for the denial of the renewal of his beer wholesaler's permit if they decide not to renew the permit. The commission shall grant a public hearing to the applicant on the matte…

Sec. 1. Rate of Tax. An excise tax at the rate of two dollars and sixty-eight cents ($2.68) a gallon is imposed upon the sale, gift, or the withdrawal for sale or gift, of liquor and wine that contains twenty-one percent (21%), or more, of absolute alcohol reckoned by volume. [Pr…

Sec. 2. The liquor excise tax shall be levied against a permittee who holds an artisan distiller's permit, a distiller's permit, a rectifier's permit, a liquor wholesaler's permit, a dining car liquor permit, a vintner's permit, a wine wholesaler's permit, a dining car wine permi…

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

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

Sec. 5. Transactions Exempt from Tax. The liquor excise tax shall not apply to the sale for delivery outside this state, or the withdrawal for sale for delivery outside this state, of liquor and wine that contains more than twenty-one percent (21%) of absolute alcohol reckoned by…

[Pre-1973 Recodification Citation: 7-1-1-41(b).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.