CHAPTER 10. LIQUOR DEALERS' PERMITS
IC 7.1-3-10
Chapter 10. Liquor Dealers' Permits
IC 7.1-3-10-1
Application
Sec. 1. Application. The commission may issue a liquor dealer'spermit to a person who desires to sell liquor to customers forconsumption off the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-2
Drug stores
Sec. 2. Drug Stores. The commission may issue a liquor dealer'spermit to the proprietor of a drug store who holds a license issued bythe state board of pharmacy. An applicant for a liquor dealer's permitfor a drug store shall not be disqualified under IC 1971,7.1-3-4-2(m).
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-3
Drug store outside corporate limits
Sec. 3. The commission may issue a liquor dealer's permit to adrugstore situated outside the corporate limits of a city or town if theproprietor of the drugstore holds a license issued by the state boardof pharmacy. The permit authorized by this section shall be issued inthe same manner, and subject to the same restrictions, as that whichis provided for in the issuance of a liquor dealer's permit to adrugstore situated inside the corporate limits of a city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,SEC.8.
IC 7.1-3-10-4
Package liquor stores
Sec. 4. Package Liquor Stores. The commission may issue a liquordealer's permit to the proprietor of a package liquor store. Anapplicant for a liquor dealer's permit for a package liquor store shallnot be disqualified under IC 1971, 7.1-3-4-2(m).
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-5
Package liquor stores; permissible commodities
Sec. 5. A package liquor store's exclusive business shall be theselling of the following commodities only:
(1) Liquor in its original package.
(2) Beer in permissible containers, if the permittee has theproper permit.
(3) Wine in its original package.
(4) Bar supplies used in the preparation for consumption ofalcoholic beverages and in their consumption.
(5) Tobacco products. (6) Uncooled and uniced charged water, carbonated soda,ginger ale, mineral water, grenadine, and flavoring extracts.
(7) Printed materials.
(8) Lottery tickets as provided in IC 4-30-9.
(9) Cooled or uncooled nonalcoholic malt beverages.
(10) Flavored malt beverage in its original package.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,SEC.9; P.L.341-1989(ss), SEC.11; P.L.52-1992, SEC.5;P.L.72-1996, SEC.7.
IC 7.1-3-10-6
Sale of beer; application and scope
Sec. 6. Sale of Beer: Application and Scope. The commissionmay, upon proper application and the payment of the required licensefee, issue a beer dealer's permit to the holder of a liquor dealer'spermit. However, applications for both of the permits may be madeat the same time. The provisions of IC 1971, 7.1-3-5, shall apply tothe issuance and enjoyment of a beer dealer's permit issued under theprovisions of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-7
Scope of permit
Sec. 7. (a) The holder of a liquor dealer's permit shall be entitledto purchase liquor only from a permittee entitled to sell to a liquordealer under this title.
(b) A liquor dealer shall be entitled to possess liquor and sell it atretail in its original package to a customer only for consumption offthe licensed premises.
(c) A liquor dealer may deliver liquor only in permissiblecontainers to a customer's residence or office in a quantity that doesnot exceed twelve (12) quarts at any one (1) time. However, a liquordealer who is licensed under IC 7.1-3-10-4 may deliver liquor inpermissible containers to a customer's residence, office, ordesignated location. This delivery may only be performed by thepermit holder or an employee who holds an employee permit. Thepermit holder shall maintain a written record of each delivery for atleast one (1) year that shows the customer's name, location ofdelivery, and quantity sold.
(d) A liquor dealer may not sell or deliver alcoholic beverages orany other item through a window in the licensed premises to a patronwho is outside the licensed premises. However, a liquor dealer thatis a drug store may sell prescription drugs and health and beauty aidsthrough a window in the licensed premises to a patron who is outsidethe licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.6; P.L.65-1990, SEC.2; P.L.72-1996, SEC.8; P.L.204-2001,SEC.28.
IC 7.1-3-10-8
Package liquor store; premises
Sec. 8. Package Liquor Store: Premises. A package liquor storeshall be conducted wholly apart from another business upon premiseswholly separated from another room or store in which anotherbusiness is conducted.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.58, SEC.1.)
IC 7.1-3-10-9
Cease and desist order
Sec. 9. Cease and Desist Order. The commission shall request theholder of a liquor dealer's permit for a package liquor store to ceaseand desist the sale of a commodity which, in the judgment of thecommission, is not a commodity which may be sold by him under theprovisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-10
Failure to cease; offense
Sec. 10. Failure to Cease. The holder of a liquor dealer's permitfor a package liquor store who recklessly fails to cease the sale of acertain commodity after this action has been ordered by thecommission commits a Class B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.701.
IC 7.1-3-10-11
Appeal from order
Sec. 11. Appeal from Order. The holder of a liquor dealer's permitfor a package liquor store shall have the same right of appeal from acease and desist order to sell a certain commodity issued by thecommission that is available for the appeal of any other order of thecommission under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-12
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-3-10-13
Sampling alcoholic beverages on package liquor store premises
Sec. 13. (a) A liquor dealer permittee who is a proprietor of apackage liquor store may allow customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted: (1) only on the package liquor store permit premises; and
(2) only during the store's regular business hours.
(c) No charge may be made for the samples provided to thecustomers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a proprietorwho allows customers to sample liquors, liqueurs, or cordials shallcomply with all of the following:
(1) A proprietor may allow a customer to sample not more thana combined total of two (2) liquor, liqueur, or cordial samplesper day.
(2) Sample size of liqueurs or cordials may not exceed one-half(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4)ounce.
(f) A sample size of beer, flavored malt beverage, or hard cidermay not exceed six (6) ounces.
As added by P.L.58-1984, SEC.4. Amended by P.L.52-1992, SEC.6;P.L.106-1995, SEC.9; P.L.12-1999, SEC.2; P.L.72-2004, SEC.9;P.L.94-2008, SEC.33.