Title 7.1, ALCOHOL AND TOBACCO

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…

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: (1) a Class A misdemeanor if the person has a pri…

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…

Sec. 1. Jurisdiction: General Rule. An action brought against the commission, or against the chairman as the chairman, shall be brought in the circuit or superior court of Marion County unless otherwise specifically provided in this title. [Pre-1973 Recodification Citation: 7-1-1…

Sec. 2. Jurisdiction Restricted. Except as otherwise provided in this title, a person shall not bring an action against the State of Indiana, the commission, the chairman, or the chairman pro tempore, based upon a claim arising from the collection of money received by the state i…

Sec. 3. Declaratory Judgment. The commission shall have the authority also to initiate, in the name of the State of Indiana on the relation of the commission, an action to obtain a declaratory judgment as to the meaning, application, or constitutionality of a provision of this ti…

Sec. 4. Judicial Notice. A court shall take judicial notice of the signature of the chairman and of the seal of the commission. A court shall take judicial notice, also, of a document, paper, record, or instrument, or copy of these, duly authenticated, as prescribed in the rules …

Sec. 1. Application. The commission may issue a liquor wholesaler's permit to a person who desires to sell liquor at wholesale. [Pre-1973 Recodification Citation: 7-1-1-18.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 2. Premises Described in Application. The premises to be used by an applicant for a liquor wholesaler's permit shall be described in the application for the permit and in the permit if it is issued. A liquor wholesaler shall not be entitled to keep or store liquor at a place…

Sec. 3. (a) The holder of a liquor wholesaler's permit shall be entitled to sell liquor at wholesale. (b) A liquor wholesaler shall be entitled to purchase liquor within this state from a person who holds an artisan distiller's permit, a distiller's permit, a rectifier's permit, …

Sec. 1. The department shall: (1) deposit daily with the treasurer of state: (A) three and three-fourths cents (3 3/4¢) of the beer excise tax rate collected on each gallon of beer or flavored malt beverage; (B) one dollar and seventeen cents ($1.17) of the liquor excise tax rate…

Sec. 2. The monies deposited in the state construction fund shall be used by the state for the construction, reconstruction, rehabilitation, repair, purchase, rental, and sale of state properties and institutions (excluding state educational institutions, as defined in IC 21-7-13…

Sec. 0.3. The intent and purpose of the amendments made to sections 4, 5, and 6 of this chapter by P.L.94-2008 are the promotion of performing arts in Indiana. As added by P.L.220-2011, SEC.179.

Sec. 1. It is a Class C misdemeanor for a person to recklessly hinder, obstruct, interfere with, or prevent the observance or enforcement of any of the following: (1) A provision of this title. (2) A rule or regulation of the commission adopted in the administration of this title…

Sec. 11. (a) This section does not apply to the possession, purchase, or use of powdered or crystalline alcohol for bona fide research purposes by any of the following: (1) A hospital licensed under IC 16-21. (2) The Indiana department of health. (3) A state educational instituti…

Sec. 13. (a) As used in this section, "designated permittee" has the meaning set forth in IC 7.1-3-31-2. (b) As used in this section, "vendor" has the meaning set forth in IC 7.1-3-31-5. (c) A designated permittee or vendor who intentionally sells, furnishes, or gives a person fo…

Sec. 14. If a person issued a permit or certificate by the commission under this title sells, distributes, or uses nitrous oxide or flavored nitrous oxide in violation of IC 35-46-6-3, the commission may suspend or revoke the permit or certificate and impose sanctions on the hold…

Sec. 3. Wood Alcohol As Beverage Prohibited. It is a Class A misdemeanor for a person knowingly to give, furnish, barter, keep for sale, or deliver a preparation, liquid, fluid, or drink, or other substance likely or intended to be used as a beverage, that contains wood alcohol. …

Sec. 4. (a) It is a Class B misdemeanor for a person who owns or operates a private or public restaurant or place of public or private entertainment to knowingly or intentionally permit another person to come into the establishment with an alcoholic beverage for sale or gift, or …

Sec. 4.6. (a) As used in this section, "art instruction studio" means any commercial establishment that provides to its customers: (1) all required supplies; and (2) step-by-step instruction in creating a painting or other work of art; during a studio instructional session that i…

Sec. 5. (a) This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine: (1) described in IC 7.1-1-2-3(a)(4); and (2) not sold or offered for sale. (b) This section does not apply to a person at a facility that is used …

Sec. 6. (a) It is a Class C misdemeanor for a person to knowingly carry liquor into a restaurant or place of public entertainment for the purpose of consuming it, displaying it, or selling, furnishing, or giving it away to another person on the premises, or for the purpose of hav…

Sec. 9. It is a Class C misdemeanor for a permittee to knowingly or intentionally purchase, receive, or import beer from a brewer or other person located outside this state unless the bond and agreement required by this title have been accepted by the commission and are currently…

Sec. 1. The commission shall consider the following in determining an applicant's or a permittee's eligibility to hold, renew, or continue to hold a retailer's permit under IC 7.1-3: (1) Whether the acts or conduct of the applicant or permittee and its employees or agents would c…

Sec. 2. (a) If a licensed premises becomes: (1) a public nuisance (as defined in IC 7.1-1-3-33); or (2) the scene of acts or conduct prohibited under IC 35-41 or federal law; the commission may impose the sanctions in IC 7.1-2-6 on the licensed premises. (b) The commission is not…

Sec. 3. (a) The commission, upon application for a new permit or for a transfer of the location of an existing permit, shall investigate the desirability of the permit in regard to the geographical location of the potential licensed premises. The commission may consider the follo…

Sec. 1. The commission may issue a liquor retailer's permit to a person who: (1) is not disqualified under the special disqualifications set forth in IC 7.1-3-4-2; and (2) desires to sell liquor to customers for consumption on the licensed premises. [Pre-1973 Recodification Citat…

Sec. 10. High and Fine Reputation. The commission may issue a liquor retailer's permit only to a high grade club, restaurant, or hotel, which has a high and fine reputation for decency and law obedience. In no case shall a liquor retailer's permit be issued or stand unrevoked if …

Sec. 11. (a) A liquor retailer may allow customers to sample the following: (1) Beer. (2) Wines. (3) Liquors. (4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)). (5) Flavored malt beverages. (6) Hard cider. (7) Mixed beverages. (b) Sampling is permitted only: (1) on the liq…

Sec. 12. (a) This section applies to: (1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(d)(2), or a convention center;…

Sec. 2. A liquor retailer's permit may be issued under the provisions of this title for premises situated in a city having a population of at least five thousand (5,000). A city or town legislative body, or an officer of one (1) of them, shall have no power or jurisdiction to reg…

Sec. 3. The legislative body of a city or town that has a population of less than five thousand (5,000) shall have the power and jurisdiction to enact an enabling ordinance consenting that liquor retailer's permits may be issued to applicants in respect to premises located within…

Sec. 4. The enabling ordinance authorized by section 3 of this chapter shall be a general ordinance containing no conditions, exceptions or limitations. The enabling ordinance, after it has been duly enacted, may not be altered, amended, or repealed for a period of two (2) years …

Sec. 5. The holder of a liquor retailer's permit issued prior to the repeal, amendment, or expiration of an enabling ordinance authorized by section 3 of this chapter may continue to operate under the holder's permit, during the time that the holder's permit is in force, for a pe…

Sec. 6. (a) A city, town, township, or county shall not enact an ordinance, resolution, policy, or rule which in any way, directly or indirectly, regulates, restricts, enlarges, or limits the operation or business of the holder of a liquor retailer's permit as provided in this ti…

Sec. 8. Three-Way Permits. The commission may issue a liquor retailer's permit only to a person who also is, and continues to be, the holder of both a beer retailer's permit and a wine retailer's permit. However, applications for each of the three (3) types of permits may be made…

Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled to purchase liquor only from a permittee entitled to sell to the liquor retailer under this title. A liquor retailer shall be entitled to possess liquor and sell liquor at retail to a customer for consumption …

Sec. 9.4. A liquor retailer may sell, donate, transport, and deliver liquor to a qualified organization for: (1) an allowable event under IC 7.1-3-6.1; (2) a charity auction under IC 7.1-3-6.2; or (3) an event under IC 7.1-3-6.3. As added by P.L.163-2025, SEC.31.

Sec. 9.5. (a) Notwithstanding any other law, a liquor retailer may limit sales to the following: (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer. (2) Guests of a person described…

Sec. 1. The chairman shall collect the required annual license fee paid in connection with the issuance of a beer retailer's permit, a beer dealer's permit, a liquor retailer's permit, a supplemental caterer's permit, a liquor dealer's permit, a wine retailer's permit, and a wine…

Sec. 10. There is appropriated from the monies allocated to the general fund under this title, a necessary sum of money to make up any deficiency between the sums from the excise fund actually paid over to the treasuries of the several governmental subdivisions during their respe…

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 of …

Sec. 3. (a) Except as provided in subsection (b), the chairman shall deposit the monies collected under the authority of this chapter daily with the treasurer of the state, and not later than the fifth day of the following month shall cover them into the "excise fund" to be distr…

Sec. 4. Twenty-two percent (22%) of the money in the excise fund shall be deposited in the state general fund on the first day of June and the first day of December of each year. [Pre-1973 Recodification Citation: 7-1-1-41(f).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Ac…

Sec. 7. (a) Thirty-three percent (33%) of the money in the excise fund shall, upon warrant of the state comptroller, be paid into the general fund of the treasury of the city or town in which the retailer's or dealer's licensed premises are located. The money shall be paid to the…

Sec. 7.5. Forty-five percent (45%) of the money in the excise fund shall be deposited in the enforcement and administration fund under IC 7.1-4-10 on the first day of June and the first day of December of each year. As added by P.L.224-2005, SEC.28. Amended by P.L.165-2021, SEC.1…