CHAPTER 12. VINTNERS' AND FARM WINERY PERMITS
IC 7.1-3-12
Chapter 12. Vintners' and Farm Winery Permits
IC 7.1-3-12-1
Application
Sec. 1. Application. The commission may issue a vintner's permitto a person who desires to commercially manufacture wine.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-12-2
Scope of permit
Sec. 2. Scope of Permit. The holder of a vintner's permit isentitled to manufacture wine and to bottle it or place it in othercontainers. He also is entitled to transport wine and either to sell it,or deliver it, or both, in shipments to points outside this state, and toa wine wholesaler, and to another vintner. A vintner is not entitled torectify or fortify wine unless he is also the holder of either adistiller's permit, or a rectifier's permit, or both. A vintner is notentitled to sell to a consumer or to a permittee who sells wine atretail. A vintner is entitled to advertise the name and address of anyretailer or dealer who sells wine produced by his winery.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1.)
IC 7.1-3-12-3
Farm winery permit
Sec. 3. The commission may issue a farm winery permit to aperson 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 corporationdomiciled in or admitted to do business in Indiana.
A farm winery permit shall be valid from July 1, of the then currentyear to June 30, of the following year. IC 7.1-3-21-5 does not applyto a farm winery permit issued under this chapter.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.36-1999,SEC.1; P.L.201-1999, SEC.2; P.L.14-2000, SEC.24; P.L.165-2006,SEC.21.
IC 7.1-3-12-4
Farm winery; general requirements
Sec. 4. In order to be considered a "farm winery" within themeaning of this title and to be eligible to receive a farm winerypermit, a wine-making establishment shall not annually sell morethan one million (1,000,000) gallons of wine in Indiana, excludingwine shipped to an out-of-state address.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1977,P.L.93, SEC.1; Acts 1978, P.L.53, SEC.1; P.L.201-1999, SEC.3;P.L.165-2006, SEC.22; P.L.54-2008, SEC.2.
IC 7.1-3-12-5
Scope of farm winery permit
Sec. 5. (a) The holder of a farm winery permit:
(1) is entitled to manufacture wine and to bottle wine producedby the permit holder's farm winery;
(2) is entitled to serve complimentary samples of the winery'swine on the licensed premises or an outside area that iscontiguous to the licensed premises as approved by thecommission if each employee who serves wine on the licensedpremises:
(A) holds an employee permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by thecommission;
(3) is entitled to sell the winery's wine on the licensed premisesto consumers either by the glass, or by the bottle, or both;
(4) is entitled to sell the winery's wine to consumers by thebottle at a farmers' market that is operated on a nonprofit basis;
(5) is entitled to sell wine by the bottle or by the case to aperson who is the holder of a permit to sell wine at wholesale;
(6) is exempt from the provisions of IC 7.1-3-14;
(7) is entitled to advertise the name and address of any retaileror dealer who sells wine produced by the permit holder'swinery;
(8) for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of thewine on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wineon the licensed premises;
(9) is entitled to purchase and sell bulk wine as set forth in thischapter;
(10) is entitled to sell wine as authorized by this section forcarryout on Sunday; and
(11) is entitled to sell and ship the farm winery's wine to aperson located in another state in accordance with the laws ofthe other state.
(b) With the approval of the commission, a holder of a permitunder this chapter may conduct business at not more than three (3)additional locations that are separate from the winery. At theadditional locations, the holder of a permit may conduct any businessthat is authorized at the first location, except for the manufacturingor bottling of wine.
(c) With the approval of the commission, a holder of a permitunder this chapter may, individually or with other permit holdersunder this chapter, participate in a trade show or an exposition atwhich products of each permit holder participant are displayed,promoted, and sold. The commission may not grant approval underthis subsection to a holder of a permit under this chapter for morethan thirty (30) days in a calendar year.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2.) Asamended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1;
P.L.201-1999, SEC.4; P.L.177-1999, SEC.7; P.L.235-2001, SEC.2;P.L.41-2002, SEC.2; P.L.224-2005, SEC.7; P.L.165-2006, SEC.23.
IC 7.1-3-12-6
Repealed
(Repealed by P.L.165-2006, SEC.41.)
IC 7.1-3-12-7
Bulk wine purchases by farm winery
Sec. 7. (a) Except as provided in subsection (b), a farm winerymay purchase annually a quantity of bulk wine that does not exceedthe greater of the following:
(1) Five thousand five hundred (5,500) gallons.
(2) Fifty percent (50%) of the quantity of wine produced byfermentation by the winery during the previous year.
(b) This subsection applies to a farm winery that suffers a loss ofwine inventory due to natural or manmade disaster. If the farmwinery documents the inventory loss and obtains permission from thecommission, the winery may purchase a quantity of bulk wine notgreater than the sum of the following:
(1) The quantity of the winery's wine inventory loss.
(2) The quantity of bulk wine that may be purchased by thefarm winery annually under subsection (a).
As added by P.L.41-2002, SEC.3.