Title 7.1, ALCOHOL AND TOBACCO

Sec. 11. The arbitrator's award must be monetary only and may not enjoin or compel conduct. The arbitration is instead of all other remedies and procedures. As added by P.L.224-2005, SEC.19.

Sec. 12. (a) The cost of the arbitrator and any other direct costs of the arbitration shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them. (b) The arbitrator shall render a decision not later than thirty (3…

Sec. 13. If the existing wholesaler does not receive payment of the compensation under section 7 or 11 of this chapter not later than thirty (30) days after the date of the settlement or arbitration award: (1) the existing wholesaler shall remain the distributor of the product in…

Sec. 14. Nothing in this chapter shall be construed to limit or prohibit good faith settlements voluntarily entered into by the parties. As added by P.L.224-2005, SEC.19.

Sec. 15. Nothing in this chapter shall be construed to give the existing wholesaler or a successor wholesaler any right to compensation if the existing wholesaler or successor wholesaler is terminated by the primary source of supply or predecessor source supplier: (1) for failure…

Sec. 2. As used in this chapter, "product" means an existing brand of: (1) beer (as defined in IC 7.1-1-3-6); or (2) flavored malt beverage (as defined in IC 7.1-1-3-16.7). As added by P.L.224-2005, SEC.19.

Sec. 3. As used in this chapter, "successor" means a primary source of supply that acquires rights to a product under section 5 of this chapter. As added by P.L.224-2005, SEC.19.

Sec. 4. As used in this chapter, "successor's designee" means one (1) or more beer wholesalers designated by a successor to replace the existing wholesaler, for all or part of the existing wholesaler's territory, in the distribution of the existing product. As added by P.L.224-20…

Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall: (1) reappoint the existing wholesaler for: (A) all acquired products; and (B) the territories covered by the existing wholesaler for the products; or (2) comply with this chapter to t…

Sec. 5. A successor: (1) who acquires the rights to manufacture or distribute an existing product; and (2) who: (A) does not reappoint the existing wholesaler to distribute the product; (B) reduces the existing wholesaler's territory for the product; or (C) offers to compensate t…

Sec. 6. The successor shall notify the existing wholesaler of the successor's intent not to appoint the existing wholesaler for all or a part of the existing wholesaler's territory for the product not later than sixty (60) days after the closing of the transaction in which the su…

Sec. 7. A successor's designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler's right: (1) to distribute the product in the existing wholesaler's territory immediately before the successor acquired rights to the product …

Sec. 8. The existing wholesaler shall continue to distribute the product until payment of the compensation agreed to under section 7 of this chapter or awarded under section 11 of this chapter is received. As added by P.L.224-2005, SEC.19.

Sec. 9. (a) The successor's designee and the existing wholesaler shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing wholesaler receives the notice under section 6 of this chapter, the successor's designee or…

Sec. 1. This chapter does not apply to the serving or selling of: (1) wine in accordance with IC 7.1-3-12; or (2) brandy in accordance with IC 7.1-3-7.5. As added by P.L.165-2006, SEC.34.

Sec. 10. (a) Except as provided in subsection (b), the holder of a farm winery brandy distiller's permit that ships brandy produced under this title to a consumer commits a Class A infraction. (b) The offense described in subsection (a) is: (1) a Class A misdemeanor if the seller…

Sec. 12. During a permit year, a direct wine seller may not direct ship in or into Indiana more than forty-five thousand (45,000) liters of wine. As added by P.L.165-2006, SEC.34. Amended by P.L.107-2015, SEC.11.

Sec. 13. A wine shipment purchased under this chapter must be delivered to: (1) the consumer, who shall take personal delivery of the shipment at the: (A) consumer's residence; (B) consumer's business address; (C) carrier's business address; or (D) address displayed on the shippi…

Sec. 14. A consumer may not receive more than two hundred sixteen (216) liters of wine in total from one (1) or more direct wine sellers in a calendar year. As added by P.L.165-2006, SEC.34.

Sec. 2. As used in this chapter, "applicant" means a person that applies to the commission for a direct wine seller's permit. As added by P.L.165-2006, SEC.34.

Sec. 3. As used in this chapter, "consumer" means an individual with an Indiana address who purchases wine from a seller. As added by P.L.165-2006, SEC.34.

Sec. 4. As used in this chapter, "seller" means the holder of a direct wine seller's permit issued under this chapter. As added by P.L.165-2006, SEC.34.

Sec. 5. (a) A person located within Indiana or outside Indiana that wants to sell and ship wine directly to a consumer must be the holder of a direct wine seller's permit and comply with this chapter. A person that sells and ships wine directly to a consumer without holding a val…

Sec. 6. (a) A seller may sell and ship wine directly only to a consumer who meets all of the following requirements: (1) The consumer is at least twenty-one (21) years of age. (2) The consumer has an Indiana address. (3) The consumer intends to use wine purchased under this chapt…

Sec. 7. (a) The commission may issue a direct wine seller's permit to an applicant who meets all of the following requirements: (1) The applicant is domiciled and has its principal place of business in the United States. (2) The applicant is engaged in the manufacture of wine. (3…

Sec. 8. (a) The term of a direct wine seller's permit begins: (1) on the date approved by the commission for an initial application; and (2) on July 1 to renew a permit; and expires on June 30 of the following year. A direct wine seller's permit may be renewed in accordance with …

Sec. 9. A direct wine seller's permit entitles a seller to sell and ship wine to a consumer by receiving and filling orders that the consumer transmits by electronic or other means if all of the following conditions are satisfied before the sale or by the times set forth as follo…

Sec. 1. As used in this chapter, "artisan distiller" means a person who holds an artisan distiller's permit under this title. As added by P.L.109-2013, SEC.6.

Sec. 10. (a) An artisan distiller may not ship liquor or cause liquor to be shipped to a consumer. (b) An artisan distiller who knowingly or intentionally violates this section commits a Class B misdemeanor. As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.12.

Sec. 11. (a) An artisan distiller may blend liquor that the artisan distiller obtains from another manufacturer with liquor that the artisan distiller manufactures. The artisan distiller may sell the blended liquor as liquor that the artisan distiller manufactures only if the fin…

Sec. 12. (a) This section applies only to a person who: (1) holds an artisan distiller's permit; and (2) holds an interest in a farm winery permit under IC 7.1-3-12. (b) An artisan distiller may: (1) serve samples of liquor that the artisan distiller manufactures; and (2) sell bo…

Sec. 13. (a) This section applies only to a person who: (1) holds an artisan distiller's permit; and (2) holds an interest in a brewer's permit issued under IC 7.1-3-2-2(b). (b) An artisan distiller may: (1) serve samples of liquor that the artisan distiller manufactures; and (2)…

Sec. 14. (a) This section applies only to the holder of an artisan distiller's permit that also holds an interest in a distiller's permit under IC 7.1-3-7. (b) An artisan distiller may not: (1) serve complimentary samples of liquor; and (2) sell liquor; manufactured under the dis…

Sec. 15. (a) An artisan distiller's permit shall be issued for a period of two (2) years. (b) The commission shall charge a permit fee of two hundred fifty dollars ($250) annually to the holder of an artisan distiller's permit. The holder of an artisan distiller's permit shall pa…

Sec. 16. (a) This section applies only to the holder of an artisan distiller's permit that also holds an interest in a distiller's permit under IC 7.1-3-7. (b) Subject to the requirements in subsections (c) and (d), a holder of an artisan distiller's permit that also holds an int…

Sec. 2. The commission may issue an artisan distiller's permit as provided in this chapter to a person who desires to commercially manufacture liquor. As added by P.L.109-2013, SEC.6.

Sec. 3. (a) An artisan distiller may produce not more than thirty thousand (30,000) gallons of liquor in any calendar year. Liquor produced by an artisan distiller that is sold through a wholesaler licensed under IC 7.1-3-8 may not be counted toward the gallonage limit. (b) An ar…

Sec. 4. The commission may issue an artisan distiller's permit to a person if the person is qualified to obtain the necessary permit or license from the United States to own or operate an establishment to manufacture liquor. As added by P.L.109-2013, SEC.6.

Sec. 5. (a) Except as provided in section 7 of this chapter, an applicant for an artisan distiller's permit must meet all the following requirements to be eligible for an artisan distiller's permit: (1) The permit applicant must hold one (1) of the following permits for the six (…

Sec. 6. (a) A holder of an artisan distiller's permit may also hold: (1) one (1) or more farm winery permits; or (2) one (1) or more brewer's permits issued under IC 7.1-3-2-2(b). (b) A holder of an artisan distiller's permit may hold a beer retailer's permit, a wine retailer's p…

Sec. 7. (a) This section applies only to a person that, on January 1, 2014: (1) holds the necessary permit or license from the United States to own or operate an establishment to manufacture liquor; and (2) does not hold any of the permits listed in section 5(a)(1) of this chapte…

Sec. 8. (a) The holder of an artisan distiller's permit may do only the following: (1) Manufacture liquor, including blending liquor purchased from another manufacturer with liquor the artisan distiller manufactures under section 11 of this chapter. (2) Bottle liquor manufactured…

Sec. 8.1. (a) This section applies to an artisan distillery that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the artisan distillery as provided under section 8(a)(6) of this chapter. (b) Liquor must be: (1) in the sealed original containers; …

Sec. 8.5. (a) This section applies if: (1) a person that has an artisan distiller's permit also has an interest in: (A) a farm winery permit; or (B) a brewer's permit under IC 7.1-3-2-7(5); and (2) the artisan distillery and the brewery or farm winery production facility occupy t…

Sec. 9. (a) An artisan distiller may not sell liquor to a retailer or dealer. (b) An artisan distiller who knowingly or intentionally violates this section commits a Class B misdemeanor. As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.11.

Sec. 1. As used in this chapter, "Indiana rye whiskey" means a liquor that was: (1) manufactured in Indiana; (2) produced with a mash bill that is at least fifty-one percent (51%) rye; (3) distilled to not more than one hundred sixty (160) proof or eighty percent (80%) alcohol by…