Title 7.1, ALCOHOL AND TOBACCO

Sec. 3. As used in this chapter, "smoking" means the: (1) carrying or holding of a lighted cigarette, cigar, or pipe or any other lighted tobacco smoking equipment; or (2) inhalation or exhalation of smoke from lighted tobacco smoking equipment. As added by P.L.141-2012, SEC.2.…

Sec. 4. (a) Except as provided in section 5 of this chapter, smoking is prohibited in the following: (1) A public place. (2) A place of employment. (3) A vehicle owned, leased, or operated by the state if the vehicle is being used for a governmental function. (4) The area within …

Sec. 5. (a) Except as provided in subsection (c) and subject to section 13 of this chapter, smoking may be allowed in the following: (1) A horse racing facility operated under a permit under IC 4-31-5 and any other permanent structure on land owned or leased by the owner of the f…

Sec. 6. (a) The commission shall enforce this chapter. (b) This chapter may also be enforced by: (1) the Indiana department of health established by IC 16-19-1-1; (2) a local health department, as defined in IC 16-18-2-211; (3) a health and hospital corporation established by IC …

Sec. 7. (a) This section does not apply to an establishment or premises in which smoking is allowed under section 5 of this chapter. (b) The owner, operator, manager, or official in charge of a public place shall do the following: (1) Post conspicuous signs that read "Smoking Is …

Sec. 8. (a) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking, a Class B infraction, except as provided in subsection (b). (b) A person who smokes in an area where smoking is prohibited by this chapter commits prohibited smoking…

Sec. 9. (a) A local health department may enforce this chapter by filing a civil action under IC 16-20-1-26. (b) A health and hospital corporation may enforce this chapter by filing a civil action under IC 16-22-8-31. (c) The department of homeland security may enforce this chapt…

Sec. 1. (a) The commission may issue a wine wholesaler's permit to sell wine, or wine and brandy, at wholesale to a person who: (1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler's permit; (2) holds a liquor wholesaler's permit; or (3) does not hold an alcoholic beverage w…

Sec. 2.5. All premises to be used by an applicant for a wine wholesaler's permit must be described in the application for the permit and in the permit, if the permit is issued. A wine wholesaler may not keep or store wine at any place other than the premises described in the wine…

Sec. 3. (a) The holder of a wine wholesaler's permit may purchase, import, and transport wine, brandy, mixed beverages, or flavored malt beverage from the primary source of supply. A wine wholesaler may export and transport wine, brandy, or flavored malt beverage by the bottle, b…

Sec. 3.5. (a) A wine wholesaler may sell wine purchased from an estate sale only if the following requirements are met: (1) The primary source of the wine sold at auction: (A) is authorized to sell wine in Indiana on the date the wine is resold by the wholesaler; (B) is given not…

Sec. 4. Wine Bottlers' Permit: Application. The commission may issue a wine bottler's permit to a person who desires to commercially bottle wine. [Pre-1973 Recodification Citation: 7-1-1-23.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 5. Persons Eligible for Permits. The commission shall not issue a wine bottler's permit to a person who is the holder of wine wholesaler's permit, a beer wholesaler's permit, or a liquor wholesaler's permit. A person shall be eligible to hold additional wine bottler's permit…

Sec. 6. Scope of Permit. The holder of a wine bottler's permit shall be entitled to import and transport wine from another state, or country, into this state. He shall be entitled to export and transport wine, by the bottle, barrel, cask, or other container, to points outside thi…

Sec. 1. As used in this chapter, "council" refers to the wine grape market development council created by this chapter. As added by P.L.102-1989, SEC.6.

Sec. 10. The council shall do the following: (1) Elect a chairman and any other officers. (2) Recommend expenditures from the wine grape market development fund for the administration of the wine grape market development program and for the administration of this chapter. (3) Per…

Sec. 11. The director shall consider the advice, recommendations, and assistance of the council for the expenditure of funds for the wine grape market development program and for the administration of this chapter. As added by P.L.102-1989, SEC.6.

Sec. 2. As used in this chapter, "director" refers to the dean of agriculture of Purdue University or the dean's designee. As added by P.L.102-1989, SEC.6. Amended by P.L.40-1993, SEC.2.

Sec. 3. The director shall establish and administer a wine grape market development program. As added by P.L.102-1989, SEC.6.

Sec. 4. the wine grape market development program may include any of the following activities: (1) Market development and research programs. (2) Market promotion, education, and public relations programs. (3) Market information services. As added by P.L.102-1989, SEC.6.…

Sec. 5. The director may contract with a qualified organization, agency, or individual to perform any of the activities listed in section 4 of this chapter. As added by P.L.102-1989, SEC.6. Amended by P.L.1-1990, SEC.89.

Sec. 6. The director may not regulate the price of wine grapes or any wine grape product under this chapter. As added by P.L.102-1989, SEC.6.

Sec. 7. (a) the wine grape market development fund is created. (b) The wine grape market development fund may not be used for political or legislative activity of any kind. (c) The fund shall be administered by the council and used for the purpose of this chapter. The expenses of…

Sec. 8. (a) The wine grape market development council is created. (b) The council shall have an odd number of members, but not less than seven (7) nor more than fifteen (15) members. The following are the members of the council: (1) The director or the director's designee. (2) Th…

Sec. 9. The council shall adopt bylaws governing the terms of office, filling unexpired terms, expenses, quorum, duties, and other administrative matters. The bylaws may be amended by a two-thirds (2/3) vote of the members present, if a quorum is present. As added by P.L.102-1989…

Sec. 1. Application. The commission may issue a wine retailer's permit to a person who desires to sell wine or flavored malt beverages for consumption on the licensed premises. [Pre-1973 Recodification Citation: 7-1-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-…

Sec. 2. Prerequisites. The commission may issue or refuse a wine retailer's permit, in its discretion, with or without requiring an investigation before a local board. However, publication of notice need not be given if the commission does require an investigation before a local …

Sec. 3. The commission may issue a wine retailer's permit only to the following: (1) A person who: (A) is not the holder of, nor an applicant for, any other permit; (B) is not disqualified under the special disqualifications set forth in IC 7.1-3-4-2; and (C) desires to sell wine…

Sec. 4. (a) The holder of a wine retailer's permit is entitled to purchase wine only from a permittee entitled to sell to the wine retailer under this title. A wine retailer is entitled to possess wine and sell wine at retail to a customer for consumption on the licensed premises…

Sec. 4.5. A wine retailer may sell, donate, transport, and deliver wine 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.36.

Sec. 5. (a) Notwithstanding any other law, a wine 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 in …

Sec. 6. (a) The commission may issue a wine retailer permit, either inside or outside corporate limits, to a person who holds a beer retailer permit under IC 7.1-3-6-16 and who is the proprietor of a race track that: (1) meets the specifications of rules adopted by the commission…

Sec. 7. (a) A wine retailer may allow customers to sample wines. (b) Sampling is permitted: (1) only on the wine retailer's permit premises; and (2) only during the permittee's regular business hours. (c) A wine retailer may not charge for the samples provided to the customers. (…

Sec. 8. (a) A wine retailer may sell wine for consumption off the licensed premises from a display in a room: (1) where the bar is located or alcoholic beverages are stored, prepared, or dispensed for consumption on the licensed premises; (2) that is not partitioned to create a s…

Sec. 1. As used in this chapter, "alcohol server" means the following: (1) A person who works on the licensed premises of a retailer permittee as: (A) a manager; (B) a bartender; (C) a waiter or waitress; or (D) except for a current or retired law enforcement officer (as defined …

Sec. 1.2. As used in this chapter, "applicant" means a person who applies for a trainer certificate under this chapter to train: (1) alcohol servers; and (2) individuals who plan to become certified trainers; on the selling, serving, and consumption of alcoholic beverages. As add…

Sec. 1.3. As used in this chapter, "certified trainer" means a person who is issued a trainer certificate under section 4.6 of this chapter. As added by P.L.165-2006, SEC.6.

Sec. 10. (a) The commission may refuse to issue a trainer certificate under this chapter to an applicant who has been convicted of a felony if less than two (2) years have elapsed from the date the applicant was discharged from probation, imprisonment, or parole, whichever discha…

Sec. 11. (a) If a person violates this chapter, the attorney general, the commission, or the prosecuting attorney of the county in which the person violates this chapter may maintain an action in the name of the state to enjoin the person from continuing in violation of this chap…

Sec. 12. (a) In the case of a program approved under IC 7.1-3-1.6, this section applies only to an individual providing the assistance described in IC 7.1-3-1.6-6(6). (b) A person who trains alcohol servers without a trainer certificate under this chapter commits a Class B infrac…

Sec. 13. (a) Except as provided in IC 7.1-3-1.7, a retailer permittee or dealer permittee who operates an establishment where alcoholic beverages are served or sold must: (1) ensure that each alcohol server completes a server program or a trainer program established or approved u…

Sec. 14. A server program established or approved under section 6 of this chapter must provide a server certificate to an individual who successfully completes the server program. As added by P.L.165-2006, SEC.17. Amended by P.L.94-2008, SEC.22.

Sec. 14.5. A trainer program established or approved under section 5.5 of this chapter must provide a trainer certificate to an individual who successfully completes the program. As added by P.L.94-2008, SEC.23.

Sec. 15. The commission may attend and observe training by a certified trainer under a server program established or approved under section 6 of this chapter at any time. As added by P.L.165-2006, SEC.18. Amended by P.L.94-2008, SEC.24.

Sec. 15.5. The commission may attend and observe training under a trainer program established or approved under section 5.5 of this chapter at any time. As added by P.L.94-2008, SEC.25.

Sec. 16. The commission shall adopt rules under IC 4-22-2 to carry out this chapter. As added by P.L.165-2006, SEC.19.