IC 7.1-3-4
    Chapter 4. Beer Retailers' Permits

IC 7.1-3-4-1
Application
    Sec. 1. Application. The commission may issue a beer retailer'spermit to a person who desires to sell beer to customers forconsumption on the licensed premises and who meets thequalifications provided by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-4-2
Special disqualifications
    Sec. 2. (a) The commission shall not issue a beer retailer's permit,except as otherwise authorized in this title and subject to the otherrestrictions contained in this title, to the following persons:
        (1) An alien.
        (2) A person who:
            (A) is not of good moral character and of good repute in thecommunity in which the person resides; or
            (B) has been convicted within ten (10) years before the dateof application of:
                (i) a federal crime having a sentence of at least one (1)year;
                (ii) an Indiana Class A, Class B, or Class C felony; or
                (iii) a crime in a state other than Indiana having a penaltyequal to the penalty for an Indiana Class A, Class B, orClass C felony.
        (3) A person who does not own the premises to which thepermit will be applicable, or who does not have a bona fidelease on the premises for the full period for which the permit isto be issued.
        (4) A law enforcement officer or an officer who is not anelected officer of a municipal corporation, or governmentalsubdivision, or of this state, charged with any duty or functionin the enforcement of this title.
        (5) An officer or employee of a person engaged in the alcoholicbeverage traffic, which person is a nonresident of this state, oris engaged in carrying on any phase of the manufacture of,traffic in, or transportation of alcoholic beverages without apermit under this title when a permit is required by this title.
        (6) If the permit applicant does not hold a brewer's permit, aperson who leases from a person, or an officer or agent of thatperson, who holds a brewer's permit or a beer wholesaler'spermit.
        (7) If the permit applicant does not hold a brewer's permit, aperson who is indebted to a person who holds a brewer's permitor a beer wholesaler's permit, or an officer or agent of thatperson, for a debt secured by a lien, mortgage, or otherwise,upon the premises for which the beer retailer's permit is to be

applicable, or upon any of the property or fixtures on thepremises, or used, or to be used in connection with thepremises.
        (8) A person whose place of business is conducted by amanager or agent, unless the manager or agent possesses thesame qualifications required for the issuance of a beer retailer'spermit to the person.
        (9) A minor.
        (10) A person non compos mentis.
        (11) A person who has held a permit under this title and whohas had that permit revoked within one (1) year prior to the dateof application for a beer retailer's permit.
        (12) A person who has made an application for a permit of anytype which has been denied less than one (1) year prior to theperson's application for a beer retailer's permit unless the firstapplication was denied by reason of a procedural or technicaldefect.
        (13) A person who is not the proprietor of a restaurant locatedand being operated on the premises described in the applicationfor the beer retailer's permit, or of a hotel, or of a club, owning,or leasing the premises as a part of it. The disqualificationcontained in this subdivision shall not apply to thequalifications for or affect the privileges to be accorded undera beer dealer's permit or a dining car beer permit.
    (b) Subsection (a)(9) does not prevent a minor from being astockholder in a corporation.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999,SEC.14.

IC 7.1-3-4-3
Premises outside corporate limits
    Sec. 3. Premises Outside Corporate Limits. (a) The commissionmay issue a beer retailer's permit for premises situated outside thecorporate limits of an incorporated city or town if the premises arewithin, or in immediate proximity to, an unincorporated town:
        (1) which has been a settlement or a group of residences formore than ten (10) years;
        (2) to which the inhabitants of the surrounding countrysideresort for purchases or public meetings or as a community orneighborhood center; and
        (3) which has borne a name and has been known by that namefor more than ten (10) years.
    (b) The county surveyor of the county in which the premises islocated shall certify the information set forth in subsection (a) to thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.276-2001,SEC.2.
IC 7.1-3-4-4
Premises outside corporate limits; persons eligible
    Sec. 4. Premises Outside Corporate Limits: Persons Eligible. Thecommission may issue a beer retailer's permit as authorized byIC 1971, 7.1-3-4-3, only to an applicant who is the proprietor of adrug store, grocery store, confectionery, or of a store in good reputewhich, in the judgment of the commission, deals in othermerchandise that is not incompatible with the sale of beer.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-4-5
Repealed
    (Repealed by P.L.204-2001, SEC.68.)

IC 7.1-3-4-6
Scope of permit
    Sec. 6. (a) The holder of a beer retailer's permit shall be entitledto purchase beer for sale under his permit only from a permitteeentitled to sell to him under this title. A beer retailer shall be entitledto possess beer and sell it at retail to a customer for consumption onthe licensed premises. A beer retailer also shall be entitled to sellbeer to a customer and deliver it in permissible containers to thecustomer on the licensed premises, or to the customer's house.
    (b) A beer retailer shall not be entitled to sell beer at wholesale.He shall not be entitled to sell and deliver beer on the street or at thecurb outside the licensed premises, nor shall he be entitled to sellbeer at a place other than the licensed premises. However, a beerretailer may offer food service (excluding alcoholic beverages) to apatron who is outside the licensed premises by transacting businessthrough a window in the licensed premises.
    (c) A beer retailer shall be entitled to sell and deliver warm orcold beer for carry out, or for at-home delivery, in barrels or othercommercial containers in a quantity that does not exceed fifteen andone-half (15 1/2) gallons at any one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.83, SEC.2; P.L.112-1987, SEC.5.

IC 7.1-3-4-7
Limitation of sales; fees; clubs; discrimination
    Sec. 7. (a) Notwithstanding any other law, a beer 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 beer retailer may call the annual fee described in subsection(a) a membership fee.
    (c) A beer 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 beer 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.1.