CHAPTER 14. WINE RETAILERS' PERMITS

IC 7.1-3-14
    Chapter 14. Wine Retailers' Permits

IC 7.1-3-14-1
Application
    Sec. 1. Application. The commission may issue a wine retailer'spermit to a person who desires to sell wine or flavored maltbeverages for consumption on the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.72-1996,SEC.10.

IC 7.1-3-14-2
Prerequisites
    Sec. 2. Prerequisites. The commission may issue or refuse a wineretailer's permit, in its discretion, with or without requiring aninvestigation before a local board. However, publication of noticeneed not be given if the commission does require an investigationbefore a local board.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-14-3
Persons eligible for permits
    Sec. 3. Persons Eligible for Permits. The commission may issuea wine retailer's permit only to the following:
    (a) A person who is not the holder of, nor an applicant for, anyother permit and who is not disqualified under the specialdisqualifications and who operates a restaurant patronized bycustomers who are likely to consume table wine with their meals;
    (b) A person who is the holder of a beer retailer's permit; or,
    (c) A person who is the holder of a liquor retailer's permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-14-4
Scope of permit
    Sec. 4. (a) The holder of a wine retailer's permit is entitled topurchase wine only from a permittee entitled to sell to the wineretailer under this title. A wine retailer is entitled to possess wine andsell it at retail to a customer for consumption on the licensedpremises. A wine retailer is also entitled to sell wine to a customerand deliver it in permissible containers to the customer on thelicensed premises or to the customer's house.
    (b) A wine retailer is not entitled to sell wine at wholesale. A wineretailer is not entitled to sell and deliver wine on the street or at thecurb outside the licensed premises, nor is the wine retailer entitled tosell wine at a place other than the licensed premises. However, awine retailer may offer food service (excluding alcoholic beverages)to a patron who is outside the licensed premises by transactingbusiness through a window in the licensed premises.
    (c) A wine retailer is entitled to sell and deliver wine for carry out,or for at-home delivery.As added by P.L.112-1987, SEC.8.

IC 7.1-3-14-5
Limitation of sales; fees; clubs; discrimination
    Sec. 5. (a) Notwithstanding any other law, a wine retailer maylimit sales to the following:
        (1) Persons that the retailer selects to have access to theretailer's facilities and services in return for payment of anannual fee to the retailer.
        (2) Guests of a person described in subdivision (1).
    (b) A wine retailer may call the annual fee described in subsection(a) a membership fee.
    (c) A wine retailer may call the retailer's premises a club.However, the premises is not a club within the meaning ofIC 7.1-3-20-1.
    (d) This section does not allow a wine retailer to discriminateamong persons on the basis of race, sex, age, or religion whenselecting persons to have access to the retailer's facilities andservices.
As added by P.L.73-1991, SEC.3.

IC 7.1-3-14-6
Issuance to proprietor of race track having beer retailer permit
    Sec. 6. (a) The commission may issue a wine retailer permit,either inside or outside corporate limits, to a person who holds a beerretailer permit under IC 7.1-3-6-16 and who is the proprietor of arace track that:
        (1) meets the specifications of rules adopted by the commission;and
        (2) is sanctioned by a nationally chartered and recognizedracing organization.
    (b) The scope of a permit issued under this section, including thetimes during which beer may be sold, shall be set by rules adopted bythe commission.
    (c) A permit issued under this section is exempt fromIC 7.1-3-21-1 and IC 7.1-3-22-3. The permit is not transferable forownership or location.
As added by P.L.106-1995, SEC.10.

IC 7.1-3-14-7
Wine sampling
    Sec. 7. (a) A wine retailer may allow customers to sample wines.
    (b) Sampling is permitted:
        (1) only on the wine retailer's permit premises; and
        (2) only during the permittee's regular business hours.
    (c) A wine retailer may not charge for the samples provided to thecustomers.
    (d) Sample size may not exceed one (1) ounce.
As added by P.L.12-1999, SEC.3.