CHAPTER 5. BEER DEALERS' PERMITS
IC 7.1-3-5
Chapter 5. Beer Dealers' Permits
IC 7.1-3-5-1
Application
Sec. 1. Application. The commission may issue a beer dealer'spermit to a person who desires to sell beer to customers forconsumption only off the licensed premises and who meets thequalifications provided by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-5-2
Applicants eligible for permits; renewal of permits
Sec. 2. (a) The commission may issue a beer dealer's permit onlyto an applicant who is the proprietor of a drug store, grocery store, orpackage liquor store.
(b) The commission may issue a beer dealer's permit to anapplicant that is a foreign corporation if:
(1) the applicant is duly admitted to do business in Indiana;
(2) the sale of beer is within the applicant's corporate powers;and
(3) the applicant is otherwise qualified under this title.
(c) The commission shall not issue a beer dealer's permit to aperson who is disqualified under the special disqualifications.However, the special disqualification listed in IC 7.1-3-4-2(a)(13)shall not apply to an applicant for a beer dealer's permit.
(d) Notwithstanding subsection (a), the commission may renew abeer dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) is the proprietor of a confectionery or a store that:
(A) is not a drug store, grocery store, or package liquorstore;
(B) is in good repute; and
(C) in the judgment of the commission, deals in merchandisethat is not incompatible with the sale of beer.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.74-1997,SEC.1; P.L.41-2002, SEC.1.
IC 7.1-3-5-3
Scope of permit
Sec. 3. (a) The holder of a beer dealer's permit shall be entitled topurchase beer for sale under the permit only from a permittee entitledto sell to a beer dealer under this title.
(b) A beer dealer shall be entitled to possess beer and sell it atretail to a customer in permissible containers only.
(c) A beer dealer may not sell beer by the drink nor forconsumption on the licensed premises nor shall a beer dealer allowit to be consumed on the licensed premises.
(d) Except as provided in subsection (e), a beer dealer shall beentitled to sell beer to a customer and deliver it in permissible
containers to the customer on the licensed premises, or to thecustomer's residence or office. A beer dealer shall not be entitled tosell and deliver beer on the street or at the curb outside the licensedpremises, nor shall a beer dealer be entitled to sell beer at a placeother than the licensed premises. A beer dealer shall not be entitledto sell beer and deliver beer for carry-out, or for delivery to acustomer's residence or office, in a quantity that exceeds eighthundred sixty-four (864) ounces in a single transaction. However,notwithstanding IC 7.1-5-10-11, a beer dealer who is licensedpursuant to IC 7.1-3-10-4 shall be entitled to sell and deliver warmor cold beer for carry-out, or for delivery to a customer's residence,office, or a designated location in barrels or other commercialcontainers that do not exceed two thousand sixteen (2,016) ouncesper container. This delivery may only be performed by the permitholder or an employee who holds an employee permit. The permitholder shall maintain a written record of each delivery for at leastone (1) year that shows the customer's name, location of delivery,and quantity sold.
(e) Unless a beer dealer is a grocery store or drug store, a beerdealer may not sell or deliver alcoholic beverages or any other itemthrough a window in the licensed premises to a patron who is outsidethe licensed premises. A beer dealer that is a grocery store or drugstore may sell any item except alcoholic beverages through a windowin the licensed premises to a patron who is outside the licensedpremises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.83, SEC.3; P.L.65-1990, SEC.1; P.L.106-1995, SEC.7;P.L.204-2001, SEC.27.
IC 7.1-3-5-4
Renewal or transfer of certain permits held before July 1, 2008
Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the commission mayrenew or transfer ownership of a beer dealer's permit for a beerdealer who:
(1) held a permit before July 1, 2008; and
(2) has a premises that does not qualify for a permit as a grocerystore under IC 7.1-1-3-18.5.
(b) The commission may transfer ownership of a beer dealer'spermit under this section only to an applicant who is the proprietorof:
(1) a drug store;
(2) a grocery store; or
(3) a package liquor store.
As added by P.L.94-2008, SEC.29.
IC 7.1-3-5-5
Reporting annual gross sales of food; confidential; department ofstate revenue; verification
Sec. 5. (a) As used in this section, "annual gross sales of food"refers to annual gross sales of food for human consumption that are
exempt from the state gross retail tax.
(b) The holder of a permit issued to a grocery store that isgenerally known as a convenience store or food mart as described inIC 7.1-1-3-18.5(a)(2) shall report annually to the commission theamount of the permit holder's establishment's annual gross sales offood.
(c) An applicant who:
(1) is applying for a beer dealer's permit; and
(2) is the proprietor of a grocery store that is generally knownas a convenience store or food mart as described inIC 7.1-1-3-18.5(a)(2);
shall report to the commission the amount of the applicant'sestablishment's annual gross sales of food.
(d) The information provided to the commission undersubsections (b) and (c) regarding the amount of annual gross sales offood is confidential information and may not be disclosed to thepublic under IC 5-14-3. However, the commission may disclose theinformation:
(1) to the department of state revenue to verify the accuracy ofthe amount of annual gross sales of food reported to thecommission under subsections (b) and (c); and
(2) in any administrative or judicial proceeding to revoke orsuspend the holder's permit as a result of a discrepancy in theamount of annual gross sales discovered by the department ofstate revenue.
(e) The department of state revenue shall verify the accuracy ofthe reports provided to the commission under this section. Thedepartment of state revenue shall report to the commission anydiscrepancy that the department discovers between:
(1) the amount of annual gross sales of food that the permitholder has reported to the department; and
(2) the amount of annual gross sales of food that the permitholder has reported to the commission.
(f) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling itsobligations under this section, the department of state revenue mayprovide to the commission confidential information. The commissionshall maintain the confidentiality of information provided by thedepartment of state revenue under this section. However, thecommission may disclose the information in any administrative orjudicial proceeding to revoke or suspend the holder's permit as aresult of a discrepancy discovered by the department of state revenueunder subsection (e).
As added by P.L.94-2008, SEC.30.