CHAPTER 3. DEFINITIONS OF GENERAL APPLICABILITY
IC 7.1-1-3
Chapter 3. Definitions of General Applicability
IC 7.1-1-3-1
Generally
Sec. 1. Generally. The definitions contained in this chapter shallbe applied throughout this title unless the context clearly requiresotherwise.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-2
Accommodations
Sec. 2. Accommodations. The term "accommodations" means theseating capacity for the serving of food in a room in which alcoholicbeverages are sold. It does not mean any accommodation or seatingcapacity in the sleeping quarters in a hotel.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-3
Adulterated alcoholic beverage
Sec. 3. Adulterated Alcoholic Beverage. The term "adulteratedalcoholic beverage" means:
(a) An alcoholic beverage that contains an ingredient prohibitedby law or by a rule or regulation of the commission;
(b) An alcoholic beverage possessed, kept or offered for sale, orsold, which does not correspond substantially to the analysis, brand,or formula which has been registered with the commission; or,
(c) An alcoholic beverage whose analysis or formula is requiredto be registered with the commission and is not registered.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-4
Alcohol
Sec. 4. Alcohol. The term "alcohol" means the compoundC2H5OH, known as ethyl alcohol, hydrated oxide of ethyl, or spiritsof wine, from whatever source or by whatever process produced.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-5
Alcoholic beverage
Sec. 5. The term "alcoholic beverage" means a liquid or solid that:
(1) is, or contains, one-half percent (0.5%) or more alcohol byvolume;
(2) is fit for human consumption; and
(3) is reasonably likely, or intended, to be used as a beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.78-1986,SEC.1.
IC 7.1-1-3-5.5
Applicant Sec. 5.5. "Applicant", for purposes of IC 7.1-3-18.5, means aperson who applies for a tobacco sales certificate.
As added by P.L.94-2008, SEC.2.
IC 7.1-1-3-6
Beer
Sec. 6. Beer. The term "beer" means an alcoholic beverageobtained by the fermentation of an infusion or decoction of barleymalt or other cereal and hops in water.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-7
Bona fide evidence of majority or identity
Sec. 7. Bona Fide Evidence of Majority or Identity. The term"bona fide evidence of majority or identity" means a document,including, but not limited to, a license or permit to operate a motorvehicle, a Selective Service registration certificate, or an UnitedStates Armed Forces identification card, but excluding a voter'sregistration card, issued by the federal or state governments or one(1) of their political subdivisions.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-8
Carrier
Sec. 8. Carrier. The term "carrier" means:
(a) A common carrier, whether licensed under the laws of thisstate or not;
(b) A person as a proprietor who operates a transportation facilitywhen regularly or casually operating intrastate state or from anotherstate into this state; or,
(c) A person who carries alcoholic beverages for hire or as a freeaccommodation for a consignor or consignee and who has no permitunder this title authorizing him to sell, furnish, give away,manufacture, or rectify alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-8.5
Certificate
Sec. 8.5. "Certificate" means a tobacco sales certificate forpurposes of IC 7.1-3-18.5.
As added by P.L.250-2003, SEC.3.
IC 7.1-1-3-9
Chairman
Sec. 9. Chairman. The term "chairman" means the presidingofficer of the commission who is appointed by the governor pursuantto IC 1971, 7.1-2-1-5.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-9.5
Hard cider
Sec. 9.5. The term "hard cider" means an alcoholic beverage that:
(1) is made from the normal alcoholic fermentation of the juiceof sound, ripe apples; and
(2) contains at least one-half of one percent (0.5%) of alcoholby volume and not more than seven percent (7%) of alcohol byvolume.
The term includes flavored, sparkling, or carbonated cider and cidermade from condensed apple.
As added by P.L.119-1998, SEC.21.
IC 7.1-1-3-10
Club
Sec. 10. Club. The term "club" means an association orcorporation which meets the requirements provided in IC 1971,7.1-3-20-1.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-11
Commercially
Sec. 11. Commercially. The term "commercially" means themanufacturing, bottling, selling, bartering, transporting, delivering,furnishing, or possessing of alcohol or alcoholic beverages elsewherethan in one's own residence.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-12
Commission
Sec. 12. The term "commission" means the alcohol and tobaccocommission created by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.15.
IC 7.1-1-3-13
Container
Sec. 13. Container. The term "container" means a receptacle inwhich an alcoholic beverage is immediately contained and withwhich the alcoholic beverage contained in it is in immediate contact.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-13.5
Conviction for operating while intoxicated
Sec. 13.5. "Conviction for operating while intoxicated" means aconviction (as defined in IC 9-13-2-38):
(1) in Indiana for:
(A) an alcohol related or drug related crime under Acts1939, c.48, s.52, as amended, IC 9-4-1-54 (repealedSeptember 1, 1983), IC 9-11-2 (repealed July 1, 1991), orIC 14-1-5 (repealed July 1, 1995); or (B) a crime under IC 9-30-5-1 through IC 9-30-5-9 orIC 14-15-8; or
(2) in any other jurisdiction in which the elements of the crimefor which the conviction was entered are substantially similarto the elements of a crime described in IC 9-30-5-1 throughIC 9-30-5-9 or IC 14-15-8-8.
As added by P.L.204-2001, SEC.16.
IC 7.1-1-3-14
Denatured alcohol
Sec. 14. Denatured Alcohol. The term "denatured alcohol" meansalcohol to which has been added a substance or ingredient for thepurpose of producing a compound or mixture which is unlikely to beused as a beverage and which is unfit for human consumption.Denatured alcohol is to be considered a form of industrial alcohol.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.2-1995,SEC.37.
IC 7.1-1-3-14.5
Department
Sec. 14.5. Department. The term "department" means the IndianaDepartment of State Revenue.
(Formerly: Acts 1973, P.L.56, SEC.1.)
IC 7.1-1-3-15
Drug store
Sec. 15. Drug Store. The term "drug store" means a retail businessestablishment in which medicines and miscellaneous articles aresold.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-16
Enforcement officer
Sec. 16. Enforcement Officer. The term "enforcement officer"means a person employed by the commission to perform dutiespursuant to IC 1971, 7.1-2.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-16.5
Entertainment complex
Sec. 16.5. The term "entertainment complex" means a premisesthat:
(1) is a site for the performance of musical, theatrical, or otherentertainment;
(2) if located in a county containing a consolidated city:
(A) includes an area where at least two thousand (2,000)individuals may be seated at one (1) time in permanentseating; and
(B) is located in a facility that is:
(i) on the National Register of Historic Places; or (ii) located within the boundaries of a historic district thatis established by ordinance under IC 36-7-11-7; and
(3) if located in a county other than a county containing aconsolidated city, includes an area where at least twelvethousand (12,000) individuals may be seated at one (1) time inpermanent seating.
As added by P.L.71-1996, SEC.1.
IC 7.1-1-3-16.7
Flavored malt beverage
Sec. 16.7. The term "flavored malt beverage" means an alcoholicbeverage that has all of the following attributes:
(1) The alcoholic beverage is made from a malt beverage basethat is flavored with aromatic essences or other flavorings inquantities and proportions that result in a product that possessesa character and flavor distinctive from the malt beverage baseand is distinguishable from other malt beverages.
(2) The label, packaging, container, and any advertising ordepiction of the alcoholic beverage disseminated, broadcast, oravailable in Indiana do not contain any of the following words,or a derivative, version, or non-English translation of thefollowing words:
(A) Beer.
(B) Lager.
(C) Pilsner.
(D) Stout.
(E) Porter.
(F) Ale.
(G) Cider.
(H) Framboise.
(I) Lambic.
(J) Draft.
(K) Liquor.
(L) Bitter.
(M) Brew.
However, the label and packaging may contain in only one (1)location the words "flavored beer" placed adjacent to each otherin type not to exceed two (2) millimeters in height.
(3) The alcoholic beverage is not distributed in aluminum orother metal containers.
(4) The alcoholic beverage creates no foam that gives theappearance of beer when the alcoholic beverage is poured fromits container.
As added by P.L.72-1996, SEC.1.
IC 7.1-1-3-17
Fraternal club
Sec. 17. Fraternal Club. The term "fraternal club" means anassociation or corporation which meets the requirements provided inIC 1971, 7.1-3.(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-18
Gallon
Sec. 18. Gallon. The term "gallon" means a liquid measurecontaining two hundred thirty-one (231) cubic inches.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-18.5
Grocery store
Sec. 18.5. (a) "Grocery store" means a store or part of a store thatis known generally as:
(1) a supermarket, grocery store, or delicatessen and isprimarily engaged in the retail sale of a general food line, whichmay include:
(A) canned and frozen foods;
(B) fresh fruits and vegetables; and
(C) fresh and prepared meats, fish, and poultry;
(2) subject to subsection (b), a convenience store or food martand is primarily engaged in:
(A) the retail sale of a line of goods that may include milk,bread, soda, and snacks; or
(B) the retail sale of automotive fuels and the retail sale ofa line of goods that may include milk, bread, soda, andsnacks;
(3) a warehouse club, superstore, supercenter, or generalmerchandise store and is primarily engaged in the retail sale ofa general line of groceries or gourmet foods in combinationwith general lines of new merchandise, which may includeapparel, furniture, and appliances; or
(4) a specialty or gourmet food store primarily engaged in theretail sale of miscellaneous specialty foods not for immediateconsumption and not made on the premises, not including:
(A) meat, fish, and seafood;
(B) fruits and vegetables;
(C) confections, nuts, and popcorn; and
(D) baked goods.
(b) The term includes a convenience store or food mart asdescribed in subsection (a)(2) only if the sale of alcoholic beverageson the premises of the convenient store or food mart represents apercentage of annual gross sales of twenty-five percent (25%) or lessof all items sold on the premises, excluding gasoline and automotiveoil products.
(c) The term does not include an establishment known generallyas a gas station that is primarily engaged in:
(1) the retail sale of automotive fuels, which may include dieselfuel, gasohol, or gasoline; or
(2) the retail sale of automotive fuels, which may include dieselfuel, gasohol, or gasoline and activities that may includeproviding repair service, selling automotive oils, replacement
parts, and accessories, or providing food services.
As added by P.L.94-2008, SEC.3.
IC 7.1-1-3-19
Hotel
Sec. 19. The term "hotel" means an establishment which meets therequirements provided in IC 7.1-3-20-18.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.79-1986,SEC.1.
IC 7.1-1-3-19.5
Internet company
Sec. 19.5. "Internet company" means a person that:
(1) has the permits required under this title for the person toconduct business in Indiana;
(2) does business in more than one (1) state or country; and
(3) solicits orders for the sale of alcoholic beverages to a personin Indiana through the Internet.
As added by P.L.204-2001, SEC.17.
IC 7.1-1-3-20
Licensed premises
Sec. 20. Licensed Premises. The term "licensed premises" meansa building, or part of a building, in which alcoholic beverages areauthorized by a permit to be kept, manufactured, or sold. The termdoes not mean the residential portion of a building in which alcoholicbeverages are not kept, manufactured, sold, furnished, or given awayunder the permit, nor does it mean a separate room furnished a guestas sleeping quarters in a club or hotel.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-20.5
Limited liability company
Sec. 20.5. The term "limited liability company" has the meaningset forth in IC 23-18-1-11.
As added by P.L.51-1994, SEC.1.
IC 7.1-1-3-20.7
Limited partnership
Sec. 20.7. The term "limited partnership" has the meaning setforth in IC 23-16-1-9.
As added by P.L.105-1995, SEC.1.
IC 7.1-1-3-21
Liquor
Sec. 21. Liquor. The term "liquor" means an alcoholic beveragecontaining alcohol obtained by distillation. The term also means awine that contains twenty-one per cent (21%), or more, of alcoholreckoned by volume. However, the term does not include industrialalcohol.(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.2.)
IC 7.1-1-3-22
Local board
Sec. 22. Local Board. The term "local board" means a localalcoholic beverage board of a county created pursuant to theprovisions of IC 1971, 7.1-2-4.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-23
Malt articles
Sec. 23. Malt Articles. The term "malt articles" means malt, maltsyrup, malt extract, liquid malt, or wort, and their containers.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-24
Member of a club
Sec. 24. Member of a Club. The term "member of a club" meansa person who meets the requirements provided in IC 1971,7.1-3-20-6.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-25
Minor
Sec. 25. Minor. The term "minor" means a person less thantwenty-one (21) years of age.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-26
Misbranded alcoholic beverage
Sec. 26. Misbranded Alcoholic Beverage. The term "misbrandedalcoholic beverage" means:
(a) An alcoholic beverage that is not plainly labeled, marked, orotherwise designated in compliance with the rules and regulations ofthe commission; or,
(b) An alcoholic beverage sold or offered for sale under anunregistered brand, copyright, or label, or under a false or pretendedbrand or label.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-26.3
Motor vehicle
Sec. 26.3. (a) "Motor vehicle" means a vehicle that isself-propelled.
(b) The term does not include a motorized bicycle (as defined inIC 9-13-2-109).
As added by P.L.106-1995, SEC.1.
IC 7.1-1-3-26.5
Nonalcoholic malt beverage Sec. 26.5. The term "nonalcoholic malt beverage" means a liquidthat:
(1) is fit for human consumption;
(2) is reasonably likely or is intended to be used as a beverage;
(3) is produced:
(A) in a manner similar to beer; and
(B) from ingredients similar to beer; and
(4) contains less than one-half percent (0.5%) alcohol byvolume.
As added by P.L.52-1992, SEC.1.
IC 7.1-1-3-27
One-way permit
Sec. 27. One-Way Permit. The term "one-way permit" means abeer retailer's permit issued to a permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-28
Package liquor store
Sec. 28. Package Liquor Store. The term "package liquor store"means a place or establishment that meets the requirements providedin IC 1971, 7.1-3-10, and whose exclusive business is the retail saleof alcoholic beverages and commodities that are permissible underthis title for use or consumption only off the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-28.5
Partnership
Sec. 28.5. The term "partnership" has the meaning set forth inIC 23-4-1-6.
As added by P.L.51-1994, SEC.2. Amended by P.L.105-1995, SEC.2.
IC 7.1-1-3-29
Permit
Sec. 29. Permit. The term "permit" means a written authorizationissued by the commission entitling its holder to manufacture, rectify,distribute, transport, sell, or otherwise deal in alcoholic beverages,all as provided in this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-30
Permittee
Sec. 30. Permittee. The term "permittee" means:
(a) A person who is the holder of a valid permit under this title;and,
(b) Also includes an agent, servant, or employee of, or otherperson acting on behalf of, a permittee, whenever a permittee isprohibited from doing a certain act under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-31
Person
Sec. 31. The term "person" includes:
(1) a natural individual;
(2) a firm;
(3) a corporation;
(4) a partnership;
(5) a limited partnership;
(6) a limited liability company;
(7) an incorporated or unincorporated association; or
(8) other legal entity;
whether acting by themselves or by a servant, an agent, or anemployee.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.105-1995,SEC.3.
IC 7.1-1-3-32
Pint
Sec. 32. Pint. The term "pint" means a liquid measure equal toone-eighth (1/8) of a gallon.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-32.5
Primary source of supply
Sec. 32.5. The term "primary source of supply" means, in regardto the alcoholic beverage being sold to a wholesaler:
(1) a distiller of the alcoholic beverage;
(2) a producer of the alcoholic beverage;
(3) a vintner of the alcoholic beverage;
(4) a rectifier of the alcoholic beverage;
(5) an importer into the United States of the alcoholic beverage;
(6) an owner of the alcoholic beverage at the time it becomes amarketable product;
(7) a bottler of the alcoholic beverage;
(8) a brewer of the alcoholic beverage; or
(9) an agent specifically authorized to make sales to an Indianawholesaler by a person listed in subdivisions (1) through (8).
As added by P.L.57-1984, SEC.1.
IC 7.1-1-3-33
Public nuisance
Sec. 33. Public Nuisance. The term "public nuisance" means anact, practice, place, or thing prohibited by IC 1971, 7.1-2-6.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-34
Quart
Sec. 34. Quart. The term "quart" means a liquid measure equal toone-fourth (1/4) of a gallon.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-35
Rectifier
Sec. 35. Rectifier. The term "rectifier" means a person whocolors, flavors, or otherwise processes already existing alcoholicbeverages by distillation, blending, percolating, or other process.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-36
Rectify
Sec. 36. Rectify. The term "rectify" means and includes theprocesses used by a rectifier in the rectification of alcoholicbeverages.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-37
Residence
Sec. 37. Residence. The term "residence" means:
(a) The premises in which a person resides and includes theaggregation of the rooms inhabited by him, including the cellar andbasement under them; and,
(b) Also means a room equipped for sleeping or a suite located ina hotel when actually occupied by a traveler, or by a person as hisbona fide residence.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-38
Residential district
Sec. 38. Residential District. The term "residential district" meansan area composed of all territory within a radius of five hundred(500) feet of the premises described in the application for a permitbeing considered and in which area seventy-five percent (75%) ormore of the territory in use is used for residential purposes asopposed to commercial, business or manufacturing purposes.Territory in use in the area does not include territory which consistsin or is devoted to a street, alley, vacant lot, park, parkway, church,school, religious institution, other not-for-profit institution, lake,river, or other body of water.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-39
Resort hotel
Sec. 39. Resort Hotel. The term "resort hotel" means anestablishment which meets the requirements provided in IC 1971,7.1-3-20-21.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-40
Restaurant
Sec. 40. Restaurant. The term "restaurant" means an establishmentwhich meets the requirements provided in IC 1971, 7.1-3-20-9.(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-41
Salesman
Sec. 41. Salesman. The term "salesman" means:
(a) A person who procures, or seeks to procure an order orcontract for the sale, or for the delivery, or for the transportation ofalcoholic beverages; and,
(b) Also means a person who is engaged in promoting the sale ofalcoholic beverages, or in promoting the business of a personengaged in the alcoholic beverage trade in any manner, whether theseller resides within this state and sells to buyers either within orwithout this state, or whether the seller resides without this state andsells for delivery to buyers within this state.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-42
Service bar
Sec. 42. Service Bar. The term "service bar" means a counter overwhich alcoholic beverages are served and which is used only by theemployees of the establishment in which it is located in the course oftheir employment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-43
Setup
Sec. 43. Setup. The term "setup" means a glass, container, ice,water or mixer, served to a patron for the purpose of being used orconsumed with an alcoholic beverage brought upon the licensedpremises by the patron.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-44
Farm winery
Sec. 44. The term "farm winery" means a commercial winemakingestablishment that produces wine and meets the requirements ofIC 7.1-3-12-4.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.201-1999,SEC.1; P.L.165-2006, SEC.1.
IC 7.1-1-3-45
Special disqualifications
Sec. 45. Special Disqualifications. The term "specialdisqualifications" means those impediments provided in IC 1971,7.1-3-4-2, which prevent the issuance of certain permits to a personwho possesses one (1) of them.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-46
Table wine Sec. 46. Table Wine. The term "table wine" means wine that isproduced without rectification or fortification and whose alcoholiccontent does not exceed fourteen percent (14%).
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-47
Three-way permit
Sec. 47. Three-Way Permit. The term "three-way permit" meansthe combination of a beer retailer's permit, a liquor retailer's permit,and a wine retailer's permit issued to a permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-47.5
Tobacco product
Sec. 47.5. "Tobacco product" has the meaning set forth inIC 7.1-6-1-3.
As added by P.L.250-2003, SEC.4.
IC 7.1-1-3-48
Two-way permit
Sec. 48. Two-Way Permit. The term "two-way permit" means thecombination of a beer retailer's permit and a wine retailer's permitissued to a permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-1-3-49
Wine
Sec. 49. The term "wine" means an alcoholic beverage obtainedby the fermentation of the natural sugar content of fruit, fruit juice,or other agricultural products containing sugar, including necessaryadditions to correct defects due to climatic, saccharine, and seasonalconditions, and also the alcoholic fortification of the beverage. Theterm includes hard cider, except for alcoholic beverage tax purposes.The term does not mean an alcoholic beverage that containstwenty-one percent (21%), or more, of absolute alcohol reckoned byvolume.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.3.) Asamended by P.L.119-1998, SEC.22.
IC 7.1-1-3-50
Wood alcohol
Sec. 50. Wood Alcohol. The term "wood alcohol" means thecompound CH3OH, also known as methanol, from whatever sourceor by whatever process produced. The term also means wood alcoholthat has been redistilled and which is likely or intended to be used asa beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.)