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

As added by P.L.112-1987, SEC.1. Repealed by P.L.52-1994, SEC.7.

Sec. 7. (a) An applicant for a brewer's permit, a distiller's permit, or a liquor wholesaler's permit shall file with the commission a surety bond in the penal sum of ten thousand dollars ($10,000). (b) An applicant for a rectifier's permit shall file with the commission a surety…

Sec. 8. Terms and Conditions of Surety Bond. The required surety bond of an applicant shall meet with the approval of the commission. The bond shall be made payable to the State of Indiana and be conditioned that so long as the applicant holds his permit unrevoked, he will not vi…

Sec. 9. Recovery on Bond. The State of Indiana may recover the sum of one hundred dollars ($100), and no more, in any one (1) action on a permittee's surety bond for the violation of a rule or regulation of the commission. The State of Indiana may recover no more than two hundred…

As added by P.L.220-2011, SEC.176. Repealed by P.L.63-2012, SEC.8.

Sec. 1. (a) It is unlawful for a person to manufacture for sale, bottle, insert into a container, sell, barter, import, transport, deliver, furnish, or possess, alcohol or alcoholic beverages, malt, malt syrup, malt extract, liquid malt or wort, for commercial purposes except as …

[Pre-1973 Recodification Citation: 7-1-1-33(w).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

[Pre-1973 Recodification Citation: 7-1-1-42(k).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

Sec. 12. Violation of Commission's Order. A person who recklessly imports, transports, receives, purchases, sells, distributes, delivers, or possesses an alcoholic beverage in violation of an order of the commission entered pursuant to IC 7.1-2-7, commits a Class B misdemeanor. […

[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 Repealed by Acts 1973, P.L.58, SEC.2. IC 7.1-5-1-3 Public intoxication prohibited; failure to enforce by a law enforcement officer Sec. 3. (a) Subject to section 6.5 of this chapter, it is a Cla…

[Pre-1973 Recodification Citation: 7-1-1-32(12).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.156, SEC.2.

[Pre-1973 Recodification Citation: 7-1-1-32(13).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.156, SEC.2.

enforce by a law enforcement officer Sec. 6. (a) Subject to section 6.5 of this chapter, it is a Class C infraction for a person to be, or to become, intoxicated as a result of the person's use of alcohol or a controlled substance (as defined in IC 35-48-1-9) in or upon a vehicle…

witness; prohibited from being taken into custody; immunity from criminal prosecution; actions against law enforcement officers Sec. 6.5. (a) A law enforcement officer may not take a person into custody based solely on the commission of an offense involving alcohol described in s…

Sec. 6.6. (a) This section applies only to a person: (1) arrested for a violation of: (A) section 3 of this chapter if the offense involved a state of intoxication caused by the person's use of alcohol; (B) section 6 of this chapter if the offense involved the person being, or be…

Sec. 7. Notice of Conviction Sent to Commission. A court, upon convicting a permittee for a violation of a provision of this title, shall cause a certified copy of the judgment of conviction to be made and forwarded to the commission. [Pre-1973 Recodification Citation: 7-1-1-32(1…

[Pre-1973 Recodification Citation: 7-2-1-20.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.704. Repealed by P.L.159-2014, SEC.19.

[Pre-1973 Recodification Citation: 7-1-1-33(w).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.705; P.L.158-2013, SEC.125. Repealed by P.L.159-2014, SEC.20.

As added by P.L.121-1998, SEC.1. Amended by P.L.204-2001, SEC.49; P.L.1-2006, SEC.150; P.L.109-2013, SEC.9. Repealed by P.L.159-2014, SEC.21.

Sec. 1. The definitions in this chapter apply throughout this article. As added by P.L.256-1996, SEC.2.

Sec. 2. "Person" has the meaning set forth in IC 35-31.5-2-234. As added by P.L.256-1996, SEC.2. Amended by P.L.114-2012, SEC.16.

Sec. 3. "Tobacco product" means a product that: (1) contains tobacco or nicotine; (2) is intended for human consumption; and (3) is not approved by the federal Food and Drug Administration for tobacco cessation. As added by P.L.256-1996, SEC.2. Amended by P.L.220-2023, SEC.15.…

Sec. 1. (a) Except as provided in subsection (b), this article applies to the following: (1) The commercial manufacturing, bottling, selling, bartering, or importing of e-liquid in Indiana. (2) The sale, possession, and use of e-liquid products in Indiana. (b) This article does n…

Sec. 2. The purpose of this article is to protect public health and safety by: (1) ensuring the safety and security of e-liquid manufactured for sale in Indiana; (2) ensuring that e-liquid manufactured or sold in Indiana conforms to appropriate standards of identity, strength, qu…

Sec. 3. This article does not limit the powers or duties of the commission under IC 7.1-2. As added by P.L.176-2015, SEC.9.

Sec. 4. This article may not be construed to restrict or limit any law under IC 35-48. As added by P.L.176-2015, SEC.9.

As added by P.L.220-2011, SEC.169. Repealed by P.L.63-2012, SEC.7.

Sec. 1. Construction. This title is an exercise of the police powers of the state. The classifications and differentiations made in this title are real and are actually and substantially related to the accomplishment of the purposes of this title. The provisions of this title sha…

As added by P.L.104-1995, SEC.1. Amended by P.L.70-1996, SEC.1. Repealed by P.L.1-1999, SEC.18.

Sec. 2. Except as provided in IC 7.1-5-1-3, IC 7.1-5-1-6, IC 7.1-5-7, and IC 7.1-5-8, this title applies to the following: (1) The commercial manufacturing, bottling, selling, bartering, importing, transporting, delivering, furnishing, or possessing of alcohol, alcoholic beverage…

Sec. 3. (a) The provisions of this title shall not prohibit the following: (1) The manufacture, sale, possession, transportation, or use of vinegar. (2) The sale or transportation of sacramental wine to a minister, priest, or rabbi for a religious purpose. (3) The manufacture, pu…

Sec. 4. Gender and Number. For purposes of this title, the masculine gender includes the feminine and where appropriate, the singular number includes the plural. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 5. Direct and Indirect Prohibition. For the purposes of this title, whenever a person is prohibited from doing a certain act or holding a certain interest directly, he shall be prohibited also from doing that act or holding that interest indirectly. [1973 Recodification Cita…

[1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1976, P.L.24, SEC.5; Acts 1982, P.L.69, SEC.1. Repealed by P.L.1-1988, SEC.10.

Sec. 1. Office of Prosecutor Created. There is hereby created within the commission a division to be known as the "Office of the Prosecutor." [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 10. Enforcement Officers: Bond and Oath of Office. Each enforcement officer shall execute a surety bond in the amount of one thousand dollars ($1,000), with surety approved by the commission, and an oath of office, both of which shall be filed with the executive secretary of…

disease Sec. 11. (a) The injury to, the injury to the health of, or the death of, an enforcement officer shall be compensable under the appropriate provisions of IC 22-3-2 through IC 22-3-7 if the injury, injury to the health, or death, arises out of, and in the course of, the pe…

badge and identification card Sec. 11.5. An eligible enforcement officer who retires with at least twenty (20) years of service as an enforcement officer may retain the officer's service weapon. The officer is entitled to receive, in recognition of the officer's service to the co…

Sec. 12. (a) The commission shall have the power to employ and remove at will all necessary clerks, stenographers, bookkeepers, auditors, accountants, assistants of any nature, and other employees, and to fix their duties, authorities, and, with proper approval, their compensatio…

Sec. 13. (a) The alcohol and tobacco commission shall categorize salaries of enforcement officers within each rank based upon the rank held and the number of years of service in the commission through the twentieth year. The salary ranges that the board assigns to each rank shall…

Sec. 2. The prosecutor shall be appointed by the governor for a term of four (4) years to be served at the pleasure of the governor. The prosecutor shall be a resident of the state and a practicing member of the Indiana bar. [Pre-1973 Recodification Citation: 7-2-1-4.] Formerly: …

Sec. 3. Bond and Oath of Office. The prosecutor shall execute a surety bond in the amount of five thousand dollars ($5,000), with surety approved by the governor, and an oath of office, both of which shall be filed in the office of the secretary of state. [Pre-1973 Recodification…

Sec. 4. Compensation. As compensation for services, the prosecutor shall receive an annual salary to be fixed in the same manner that the salaries of other state officials are fixed. In addition to the annual salary, the prosecutor shall be reimbursed for traveling and other expe…

Sec. 5. Prosecutor: Powers and Duties. The prosecutor shall have the following powers and duties: (a) To prosecute before the commission all violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines; (b…

Sec. 6. Office Space and Expenses. The commission shall provide the prosecutor with appropriate office space and all necessary office supplies and services. All claims for salaries and necessary expenses of the office of the prosecutor shall be allowed and approved by the commiss…

Sec. 7. Executive Secretary. The commission, with the consent of the governor, shall employ an executive secretary to aid the commission in the efficient administration of its powers and duties. [Pre-1973 Recodification Citation: 7-2-1-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 8. (a) The commission may employ qualified individuals to serve as enforcement officers of the commission. (b) The superintendent of the enforcement officers must have had at least ten (10) years experience as an active law enforcement officer, at least five (5) years of whi…

Sec. 9. (a) An enforcement officer is vested with full police powers and duties to enforce: (1) the provisions of this title; (2) any other law of this state relating to alcohol or alcoholic beverages; and (3) tobacco laws, including tobacco vending machines. (b) An enforcement o…

program Sec. 9.5. The state excise police may investigate fraud within the electronic benefits transfer program, as set forth in IC 12-13-14-14. As added by P.L.197-2013, SEC.3.

Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.