CHAPTER 13. WINE WHOLESALERS' AND BOTTLERS' PERMITS
IC 7.1-3-13
Chapter 13. Wine Wholesalers' and Bottlers' Permits
IC 7.1-3-13-1
Wine wholesalers' permit; issuance
Sec. 1. (a) The commission may issue a wine wholesaler's permitto sell wine, or wine and brandy, at wholesale to a person who:
(1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler'spermit;
(2) holds a liquor wholesaler's permit; or
(3) does not hold an alcoholic beverage wholesaler's permit, butmeets the qualifications to hold either a beer or a liquorwholesaler's permit.
(b) The holder of a wine wholesaler's permit under subsection(a)(1) or (a)(2):
(1) is considered the same as a person who holds a winewholesaler's permit under subsection (a)(3) for purposes ofconducting activities and operations under the wine wholesaler'spermit; and
(2) may operate the beer or liquor wholesale businessindependently of the wine wholesale business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.101-1983,SEC.1; P.L.112-1987, SEC.7.
IC 7.1-3-13-2
Repealed
(Repealed by P.L.112-1987, SEC.10.)
IC 7.1-3-13-2.5
Wine wholesalers; premises description required; wine storage;wholesaler business on farm winery or brandy distiller premises;goods and services provided by farm winery or brandy distiller
Sec. 2.5. (a) All premises to be used by an applicant for a winewholesaler's permit must be described in the application for thepermit and in the permit, if the permit is issued. A wine wholesalermay not keep or store wine at any place other than the premisesdescribed in the wine wholesaler's application and permit. A personwho holds a wine wholesaler's permit and who also holds a beerwholesaler's permit is not disqualified from using multiple premisesfor the storage of wine because the person holds a beer wholesaler'spermit. The holder of a wine wholesaler's permit issued underIC 7.1-4-4.1-13(c) may enter into an agreement to:
(1) locate the wine wholesaler's business within the licensedpremises of a farm winery or a farm winery brandy distiller; or
(2) use goods and services provided by a farm winery or a farmwinery brandy distiller;
or both.
(b) A direct wine seller under IC 7.1-3-26 is not considered anaffiliate of a wine wholesaler for purposes of IC 7.1-3-26-7(9) for anagreement under this section.As added by P.L.85-1985, SEC.8. Amended by P.L.165-2006,SEC.24.
IC 7.1-3-13-3
Scope of permit; brandy
Sec. 3. (a) The holder of a wine wholesaler's permit may purchase,import, and transport wine, brandy, or flavored malt beverage fromthe primary source of supply. A wine wholesaler may export andtransport wine, brandy, or flavored malt beverage by the bottle,barrel, cask, or other container, to points outside Indiana. A winewholesaler is entitled to sell, furnish, and deliver wine or flavoredmalt beverage from inventory that has been located on thewholesaler's premises before the time of invoicing and delivery to awine wholesaler, a wine retailer, a supplemental caterer, a temporarywine permittee, and a wine dealer, but not at retail. A winewholesaler may sell, furnish, and deliver brandy from inventory thathas been located on the wholesaler's premises before the time ofinvoicing and delivery, but not at retail, only to a person who holdsa liquor retailer's permit, a supplemental caterer's permit, or a liquordealer's permit. A holder of a wine wholesaler's permit may sell wineto the wine wholesaler's bona fide regular employees.
(b) As used in this section, "brandy" means:
(1) any alcoholic distillate described in 27 CFR 5.22(d) as ineffect on January 1, 1983; or
(2) a beverage product that:
(A) is prepared from a liquid described in subdivision (1);
(B) is classified as a cordial or liqueur as defined in 27 CFR5.22(h) as in effect on January 1, 1997; and
(C) meets the following requirements:
(i) At least sixty-six and two-thirds percent (66 2/3%) ofthe product's alcohol content is composed of a substancedescribed in subdivision (1).
(ii) The product's label makes no reference to any distilledspirit other than brandy.
(iii) The product's alcohol content is not less than sixteenpercent (16%) by volume or thirty-two (32) degrees proof.
(iv) The product contains dairy cream.
(v) The product's sugar, dextrose, or levulose content is atleast twenty percent (20%) of the product's weight.
(vi) The product contains caramel coloring.
(c) Nothing in this section allows a wine wholesaler to sell, give,purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unlessthe wine wholesaler also holds a beer wholesaler's permit underIC 7.1-3-3-1.
(d) A wine wholesaler that also holds a liquor wholesaler's permitunder IC 7.1-3-8 may not:
(1) hold a beer wholesaler's permit under IC 7.1-3-3;
(2) possess, sell, or transport beer; or
(3) sell more than one million (1,000,000) gallons of flavoredmalt beverage during a calendar year.(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.5;Acts 1974, P.L.25, SEC.4.) As amended by P.L.101-1983, SEC.2;P.L.57-1984, SEC.10; P.L.72-1996, SEC.9; P.L.75-1997, SEC.1;P.L.224-2005, SEC.8; P.L.165-2006, SEC.25.
IC 7.1-3-13-3.5
Requirements to sell wine purchased from estate sale; immunityfrom product liability
Sec. 3.5. (a) A wine wholesaler may sell wine purchased from anestate 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 wineis resold by the wholesaler;
(B) is given notice of the purchase by the wine wholesaler;and
(C) authorizes the wine wholesaler to resell the winepurchased.
(2) The seller of wine at auction is a bona fide estate of anIndiana decedent.
(3) Each wine bottle is affixed with a sticker indicating that thewine was purchased from an estate.
(b) The notice given to the primary source under subsection (a)(1)must include the following information:
(1) The name of the seller.
(2) The amount of the product purchased and the sale price atauction.
(3) The vintage of the wine purchased.
(c) A wholesaler is not liable for product liability for wine that thewholesaler sells from an estate auction purchase.
As added by P.L.94-2008, SEC.34.
IC 7.1-3-13-4
Wine bottlers' permit; application
Sec. 4. Wine Bottlers' Permit: Application. The commission mayissue a wine bottler's permit to a person who desires to commerciallybottle wine.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-13-5
Persons eligible for permits
Sec. 5. Persons Eligible for Permits. The commission shall notissue a wine bottler's permit to a person who is the holder of winewholesaler's permit, a beer wholesaler's permit, or a liquorwholesaler's permit. A person shall be eligible to hold additionalwine bottler's permits upon payment of the proper additional annuallicense fees.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-13-6
Scope of permit Sec. 6. Scope of Permit. The holder of a wine bottler's permit shallbe entitled to import and transport wine from another state, orcountry, into this state. He shall be entitled to export and transportwine, by the bottle, barrel, cask, or other container, to points outsidethis state. A wine bottler shall have the exclusive right to bottle, tolabel, or both, with his own private label, or another label authorizedby its owner, or to place wine in containers different from those inwhich the wine was imported into this state. Within this state, theholder of a wine bottler's permit shall be entitled to sell, furnish, anddeliver wine only to a wine wholesaler, and shall be specificallyprohibited from selling, furnishing, and delivering wine to a wineretailer or a wine dealer. Further, he shall not be entitled to sell wineat retail.
(Formerly: Acts 1973, P.L.55, SEC.1.)