CHAPTER 2. BREWERS' PERMITS
IC 7.1-3-2
Chapter 2. Brewers' Permits
IC 7.1-3-2-1
Application
Sec. 1. Application. The commission may issue a brewer's permitto a person who desires to commercially manufacture beer.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-2
Persons eligible for permits
Sec. 2. (a) Except as provided in subsection (b), the commissionmay issue a brewer's permit only to:
(1) an individual;
(2) a partnership, all the partners of which are bona fideresidents of Indiana;
(3) a limited liability company, all the members of which arebona fide residents of Indiana; or
(4) a corporation organized and existing under the laws ofIndiana and having authority under its charter to manufacture orsell beer.
(b) The commission may issue a brewer's permit to a brewer fora brewery that manufactures not more than twenty thousand (20,000)barrels of beer in a calendar year to:
(1) an individual;
(2) a partnership organized and existing under the laws ofIndiana;
(3) a limited liability company organized and existing under thelaws of Indiana; or
(4) a corporation organized and existing under the laws ofIndiana.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,SEC.3; P.L.72-2004, SEC.5.
IC 7.1-3-2-3
Preference for existing permittees
Sec. 3. Preference for Existing Permittees. A holder of a brewer'spermit shall be entitled to preference in the issuance of a brewer'spermit over a new applicant for that permit and the existing permitteeshall not be refused the permit except for good cause after hearing.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-4
Out-of-state brewer; qualifications
Sec. 4. A brewer or other person located outside Indiana who isdesirous of selling beer or flavored malt beverage to an Indianapermittee for importation into and resale in Indiana, in order toqualify under this title, shall file with the commission a surety bondin a penal sum equal to its average monthly excise tax liability for theprevious year, payable to the state of Indiana and conditioned on the
principal's faithful performance and discharge in its agreement withthe commission as provided in section 5 of this chapter. The bondand agreement, unless suspended or revoked, shall be renewableannually.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,SEC.2; P.L.72-1996, SEC.2.
IC 7.1-3-2-5
Out-of-state brewer; agreement
Sec. 5. There shall accompany the bond required by section 4 ofthis chapter an agreement by the applicant to:
(1) pay to the state the taxes and fees levied by the state forwhich the applicant is liable on beer shipped or transported intoIndiana;
(2) furnish reports required by the commission of the sales ofbeer and flavored malt beverage by the principal to an Indianapermittee; and
(3) consent to an examination of the principal's recordspertaining to sales to an Indiana permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,SEC.3; P.L.72-1996, SEC.3.
IC 7.1-3-2-6
Cessation of manufacturing; revocation of permit
Sec. 6. Cessation of Manufacturing: Revocation of Permit. Thecommission may revoke the permit of a brewer if the brewer doesnot, in good faith, begin to manufacture beer within six (6) monthsafter the issuance of the permit, or if he suspends manufacturing ofbeer for six (6) consecutive months, without the consent andapproval of the commission. The revocation shall be affected inaccordance with the rules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-7
Scope of permit
Sec. 7. The holder of a brewer's permit or an out-of-state brewerholding either a primary source of supply permit or an out-of-statebrewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler'spermit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than twentythousand (20,000) barrels of beer in a calendar year, do thefollowing:
(A) Sell and deliver beer to a person holding a retailer or adealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant established underclause (B).
(D) Transfer beer directly from the brewery to the restaurantby means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacentrestaurant that allows the public and the permittee to viewboth premises.
(F) Install a doorway or other opening between the breweryand an adjacent restaurant that provides the public and thepermittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption onthe premises. Brewers permitted to sell beer by the glassunder this clause must furnish the minimum foodrequirements prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permitpremises of the brewer or at the residence of the consumer.The delivery to a consumer may be made only in a quantityat any one (1) time of not more than one-half (1/2) barrel,but the beer may be contained in bottles or other permissiblecontainers.
(I) Sell the brewery's beer as authorized by this section forcarryout on Sunday in a quantity at any one (1) time of notmore than five hundred seventy-six (576) ounces. A brewer'sbeer may be sold under this clause only at the address forwhich the brewer's permit was issued under this chapter.
(6) If the brewer's brewery manufactures more than twentythousand (20,000) barrels of beer in a calendar year, own aportion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than twenty thousand (20,000) barrelsof beer in a calendar year; and
(C) is the proprietor of a restaurant that operates undersubdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer'spremises.
(8) Own a portion of the corporate stock of a sports corporationthat:
(A) manages a minor league baseball stadium located in thesame county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, ora liquor retailer's permit for a restaurant located in thatstadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beeron the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1992,SEC.3; P.L.88-1993, SEC.1; P.L.15-1994, SEC.3; P.L.107-1995,SEC.1; P.L.177-1999, SEC.6; P.L.72-2004, SEC.6; P.L.94-2008,SEC.26; P.L.10-2010, SEC.6.
IC 7.1-3-2-8
Transportation of beer
Sec. 8. Transportation of Beer. The transportation of beer to acounty within this state shall be only in barrel or keg containers, orin bottles, or in other containers permissible under the rules andregulations of the commission. A brewer may ship beer to pointsoutside this state in any convenient container.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-9
Out-of-state brewer; use of beer wholesalers
Sec. 9. An out-of-state brewer holding either a primary source ofsupply permit or an out-of-state brewer's permit may:
(1) appoint a beer wholesaler to perform the services describedin IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and
(2) provide a fee to a beer wholesaler who performs the servicesdescribed in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2).
As added by P.L.72-1997, SEC.1.