Title 7.1, ALCOHOL AND TOBACCO

Sec. 2. (a) If a permit holder is unable to immediately operate the business for which the permit was issued, the permit holder shall deposit the permit with the commission, subject to the commission's approval. The commission may approve the deposit of the permit for the followi…

Sec. 3. (a) A permit reverts to the commission if: (1) a term of deposit under section 2(a) of this chapter expires without the commission approving an extension of the term; and (2) the permit is not active. (b) In addition to the notice provided under IC 7.1-3-1-3, at least nin…

Sec. 4. This section sets out the procedure for a permit holder to request deposit of a permit or extension of a term of deposit. A permit holder must do the following: (1) Submit the permit holder's request for deposit or an extension of the term of deposit to the commission in …

Sec. 5. The commission shall send a notice by mail or electronic mail to a person of: (1) the commission's approval or denial of a request for deposit or extension of a term of deposit; and (2) if the permit holder's request is approved: (A) the date that the term of deposit expi…

Sec. 6. (a) This section applies to a permit deposited with the commission that: (1) has never been put into operation by the permit holder; and (2) is subject to the quota provisions of IC 7.1-3-22. (b) The commission may not accept an application for transfer of ownership of th…

Sec. 1. Dining Car Liquor Permits. The commission may issue a dining car liquor permit to a corporation that is entitled to obtain a dining car beer permit under this title. The commission shall issue a dining car liquor permit in the same manner that a dining car beer permit is …

Sec. 10. (a) The holder of a boat liquor permit shall enjoy the same privileges and be subject to the same conditions, restrictions, and limitations in regard to liquor under the permit as is provided in the case of the holder of a boat beer permit in regard to beer under the per…

Sec. 2. Scope of Permit. The restrictions, limitations, and provisions governing the sale of beer under a dining car beer permit shall apply to the possession, transportation, sale, delivery and service of liquor under a dining car liquor permit. [Pre-1973 Recodification Citation…

Sec. 3. Display of Permit. The original dining car liquor permit shall be kept displayed at the main Indiana office of the corporation. A certificate of an officer or agent of the permittee stating that a dining car liquor permit is in full force and effect for the car, or words …

Sec. 4. Renewals. The holder of a dining car liquor permit need not renew his permit annually. However, in order to keep the permit in force, the permittee must pay the annual license fee to the chairman on the anniversary date of the issuance of the original permit. [Pre-1973 Re…

Sec. 5. Excise Tax. The holder of a dining car liquor permit shall pay to the department the liquor excise tax on the liquor withdrawn for sale within the state. [Pre-1973 Recodification Citation: 7-1-1-21.] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.7.

Sec. 6. Shipments by Carrier. Nothing contained in a dining car liquor permit or the privileges accorded under it shall effect the provisions of this title in regard to the shipment of alcoholic beverages by a carrier for either a consignor, or a consignee, or both. [Pre-1973 Rec…

Sec. 9. Boat Liquor Permits. The commission may issue a boat liquor permit to a person who is the proprietor of a boat and who is, and continues to be, the holder of a boat beer permit and boat wine permit. The commission may issue a boat liquor permit without publication of noti…

Sec. 1. The sums realized from the collection of the biennial license fees imposed by IC 7.1-4-4.1-3 shall be paid first, and are hereby appropriated, to the state excise police, gaming agent, gaming control officer, and conservation enforcement officers' retirement plan establis…

Sec. 2. The sums realized from the collection of the biennial license fees imposed by IC 7.1-4-4.1-3 and not appropriated by section 1 of this chapter are hereby appropriated to the enforcement and administration fund of the commission. [Pre-1973 Recodification Citation: 7-2-1-12…

Sec. 2.5. The chairman shall deposit the money received from the collection of the fees for a three-way permit under IC 7.1-3-20-16(f) daily with the treasurer of state, and not later than the fifth day of the following month shall transfer the money into the enforcement and admi…

Sec. 4. (a) The department shall daily deposit with the treasurer of state: (1) two cents ($0.02) of the beer excise tax collected on each gallon of beer or flavored malt beverage, as provided by IC 7.1-4-2-1; (2) six cents ($0.06) of the liquor excise tax collected on each gallo…

Sec. 1. A person who knowingly or intentionally imports liquor into this state without specific authorization under this title commits a Class B misdemeanor. [Pre-1973 Recodification Citation: 7-1-1-18.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.86.

Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is unlawful for a person in the business of selling alcoholic beverages in Indiana or outside Indiana to ship or cause to be shipped an alcoholic beverage directly to a person in Indiana who does not hold a valid wholesaler perm…

Sec. 10. (a) This section applies only if the commission has adopted a rule requiring a mark or label of identification to be displayed on the outside of a package containing liquor. (b) It is unlawful for a person to transport liquor or cause it to be transported upon a public h…

Sec. 11. (a) It is unlawful for a person to transport into this state upon a public highway of this state, an alcoholic beverage from another state, territory, or country, unless the person accompanying, or in charge of the shipment, has present and available for exhibition: (1) …

Sec. 12. (a) It is unlawful for a person to use or employ a public highway in this state with the intent of evading a provision of this title. (b) A person who violates this section commits a Class B misdemeanor. [Pre-1973 Recodification Citation: 7-1-1-33(q).] Formerly: Acts 197…

Sec. 13. (a) A railroad company, an express company, and a common carrier shall keep in the office at which delivery of an alcoholic beverage to a consignee is made, a separate record in which shall be entered the information required by this title for the shipment of an alcoholi…

Sec. 14. (a) It is unlawful for a person to make a false statement to a railroad, express, or transportation company for the purpose of obtaining an alcoholic beverage. (b) It is unlawful for a person to make a false statement to a person engaged in the business of transporting g…

Sec. 15. (a) This section does not apply to the shipment of an alcoholic beverage from another state in continuous transit through this state into another state unless the shipment is intended to evade a provision of this title. (b) This section does not prohibit a person, other …

Sec. 2. (a) It is unlawful for a carrier who is required to obtain a carrier's alcoholic permit by IC 7.1-3-18 to transport alcoholic beverages over or along a public highway within this state unless the carrier has applied for a carrier's alcoholic permit and been issued: (1) a …

Sec. 3. (a) It is unlawful for the holder of a carrier's alcoholic permit to import or transport alcoholic beverages in a vehicle that has not been registered with the commission as required by this title. (b) A person who knowingly or intentionally violates this section commits …

Sec. 4. (a) It is unlawful for an officer, agent, or employee of a railroad company, express company, or other common carrier to recklessly deliver: (1) an alcoholic beverage to a person other than the person to whom it is consigned; (2) it without a written order by the consigne…

Sec. 5. (a) This section does not apply to a permittee, or a licensed carrier for a permittee, who is lawfully entitled to hold or possess an alcoholic beverage without the payment of the excise tax on the alcoholic beverage before the time the alcoholic beverage is withdrawn for…

Sec. 6. (a) It is unlawful for a person to use or employ, or agree to use or employ, a method of transportation, or device, or fictitious name, or fictitious routing, or to enter into a scheme or method of transportation, or to resort to a trick or device, with the intent to evad…

Sec. 7. (a) It is unlawful for a consignee to accept or receive a package that contains an alcoholic beverage upon which appears a statement, label, address, superscription, shipping direction, legend, or design which the person knows is false or misleading. (b) It is unlawful fo…

Sec. 8. (a) It is unlawful for a person to present or tender for transportation to a carrier or a person acting or assuming to act for a carrier an alcoholic beverage: (1) for delivery to a person other than the consignee designated by the person offering the alcoholic beverage f…

Sec. 9. (a) It is unlawful for a carrier or a person acting or assuming to act for a carrier, to deliver an alcoholic beverage in this state to a person, or at a place, other than the person, or place, or both, designated in the bill of lading or transportation contract. (b) It i…

Sec. 1. Application. The commission may issue a vintner's permit to a person who desires to commercially manufacture wine. [Pre-1973 Recodification Citation: 7-1-1-22.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 2. The holder of a vintner's permit is entitled to manufacture wine and to bottle it or place it in other containers, including boxes that contain a bag designed to store and dispense wine, and bulk containers. A vintner also is entitled to transport wine and either to sell …

Sec. 3. The commission may issue a farm winery permit to a person who: (1) is the proprietor of a farm winery; (2) desires to commercially manufacture wine; and (3) is either: (A) an individual; or (B) a partnership, limited liability company, or corporation domiciled in or admit…

Sec. 4. In order to be considered a "farm winery" within the meaning of this title and to be eligible to receive a farm winery permit, a wine-making establishment shall not annually sell more than one million (1,000,000) gallons of wine in Indiana, excluding wine shipped to an ou…

Sec. 5. (a) The following apply to the holder of a farm winery permit: (1) A holder is entitled to manufacture wine and to place wine produced by the permit holder's farm winery in bottles or other permissible containers. (2) A holder is entitled to serve complimentary samples of…

Sec. 5.5. (a) This section applies to a farm winery that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the farm winery as provided under section 5 of this chapter. (b) Wine must be: (1) in the sealed original containers; and (2) placed by an em…

Sec. 7. (a) Except as provided in subsections (b) and (c), a farm winery may purchase annually a quantity of bulk wine that does not exceed the greater of the following: (1) Five thousand five hundred (5,500) gallons. (2) Fifty percent (50%) of the quantity of wine produced by fe…

Sec. 7.5. (a) This section applies if: (1) a person having an interest in a farm winery permit also has an interest in a brewer's permit under IC 7.1-3-2-7(5) or an artisan distillery; and (2) the farm winery and the brewery or artisan distillery production facility occupy the sa…

Sec. 1. (a) The department shall deposit thirty-four cents ($.34) of the liquor excise tax rate collected on each gallon of liquor, daily with the treasurer of state, and not later than the fifth day of the following month shall cover them into the pension relief fund established…

Sec. 0.5. As used in this chapter, "ashtray" means any receptacle that is used for disposing of smoking materials, including ash and filters. As added by P.L.141-2012, SEC.2.

Sec. 1. As used in this chapter, "place of employment" means an enclosed area of a structure that is a place of employment. The term does not include a private vehicle. As added by P.L.141-2012, SEC.2.

Sec. 10. (a) An owner, manager, operator, or official in charge of a public place or place of employment who fails to comply with a requirement imposed by this chapter commits a Class B infraction, except as provided in subsection (b). (b) A failure to comply described in subsect…

Sec. 11. An owner, a manager, or an employer shall not discharge, refuse to hire, or in any manner retaliate against an individual for: (1) reporting a violation of this chapter; or (2) exercising any right or satisfying any obligation under this chapter. As added by P.L.141-2012…