CHAPTER 9. LIQUOR RETAILERS' PERMITS
IC 7.1-3-9
Chapter 9. Liquor Retailers' Permits
IC 7.1-3-9-1
Application
Sec. 1. Application. The commission may issue a liquor retailer'spermit to a person who desires to sell liquor to customers forconsumption on the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-2
Local jurisdiction limited
Sec. 2. A liquor retailer's permit may be issued under theprovisions of this title for premises situated in a city having apopulation of at least five thousand (5,000). A city or townlegislative body, or an officer of one (1) of them, shall have no poweror jurisdiction to regulate the sale of, traffic in, or transportation ofalcoholic beverages, or to levy a tax, fee, license fee, or to issue orrequire a license to be issued by it or its officer or agent in respect toalcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,SEC.36.
IC 7.1-3-9-3
Small city exception
Sec. 3. The legislative body of a city or town that has a populationof less than five thousand (5,000) shall have the power andjurisdiction to enact an enabling ordinance consenting that liquorretailer's permits may be issued to applicants in respect to premiseslocated within the city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,SEC.37.
IC 7.1-3-9-4
Enabling ordinance
Sec. 4. Enabling Ordinance. The enabling ordinance authorizedby IC 1971, 7.1-3-9-3, shall be a general ordinance containing noconditions, exceptions or limitations. The enabling ordinance, afterit has been duly enacted, may not be altered, amended, or repealedfor a period of two (2) years and sixty (60) days after the date of itsenactment. During the period of the two (2) years and sixty (60) daysfrom the enactment of the enabling ordinance consenting to theissuance of liquor retailer's permits, no other ordinance on the subjectmay be enacted.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-5
Repeal of ordinance; continuance of operations
Sec. 5. Repeal of Ordinance: Continuance of Operations. Theholder of a liquor retailer's permit issued prior to the repeal,
amendment, or expiration of an enabling ordinance authorized byIC 1971, 7.1-3-9-3, may continue to operate under his permit, duringthe time that his permit is in force, for a period of ninety (90) daysafter the enactment of a conflicting ordinance or the repeal of theoriginal ordinance unless the sale of alcoholic beverages againbecomes lawful by the enactment of another enabling ordinance, inwhich case he may continue to operate under his permit during theunexpired term of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-6
Certain local ordinances proscribed
Sec. 6. Certain Local Ordinances Proscribed. A city or town shallnot enact an ordinance which in any way, directly or indirectly,regulates, restricts, enlarges, or limits the operation or business of theholder of a liquor retailer's permit as provided in this title. A city ortown shall not enact an ordinance covering any other business orplace of business for the conduct of it in such a way as to prevent orinhibit the holder of a liquor retailer's permit from being qualified toobtain or continue to hold the permit, or operate to interfere with orprevent the exercise of the permittee's privileges under the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-7
Ordinances sent to commission
Sec. 7. Ordinance Sent to Commission. The city clerk or townclerk of a city or town in which an ordinance proscribed by IC 1971,7.1-3-9-6, has been enacted, shall, immediately upon the enactment,certify a copy of the ordinance and mail it by registered mail to thecommission. The commission, out of its expenses, shall pay the clerkone dollar ($1.00), for his services in the matter.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-8
Three-way permits
Sec. 8. Three-Way Permits. The commission may issue a liquorretailer's permit only to a person who also is, and continues to be, theholder of both a beer retailer's permit and a wine retailer's permit.However, applications for each of the three (3) types of permits maybe made at the same time or in one (1) application combiningrequests for each of the three (3) types of permits. The publication ofthe notice of the applications may be combined, in any case, if theapplications are pending simultaneously. The notices also may becombined in one (1) publication with notices of the application ofother applicants for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-9
Scope of permit
Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled
to purchase liquor only from a permittee entitled to sell to him underthis title. A liquor retailer shall be entitled to possess liquor and sellit at retail to a customer for consumption on the licensed premises.A liquor retailer also shall be entitled to sell liquor to a customer anddeliver it in permissible containers to the customer on the licensedpremises, or to the customer's house.
(b) A liquor retailer shall not be entitled to sell liquor atwholesale. He shall not be entitled to sell and deliver liquor on thestreet or at the curb outside the licensed premises, nor shall he beentitled to sell liquor at a place other than the licensed premises.However, a liquor retailer may offer food service (excludingalcoholic beverages) to a patron who is outside the licensed premisesby transacting business through a window in the licensed premises.
(c) A liquor retailer shall not be entitled to sell and deliver liquorfor carry out, or for at-home delivery, in a quantity that exceeds four(4) quarts at any one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.112-1987,SEC.6.
IC 7.1-3-9-9.5
Limitation of sales; fees; clubs; discrimination
Sec. 9.5. (a) Notwithstanding any other law, a liquor 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 liquor retailer may call the annual fee described insubsection (a) a membership fee.
(c) A liquor 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 liquor 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.2.
IC 7.1-3-9-10
High and fine reputation
Sec. 10. High and Fine Reputation. The commission may issue aliquor retailer's permit only to a high grade club, restaurant, or hotel,which has a high and fine reputation for decency and law obedience.In no case shall a liquor retailer's permit be issued or standunrevoked if the owner, manager, or management of theestablishment is not a person of strict integrity and high repute, or ifthe premises have been padlocked.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-11
Sampling alcoholic beverages on liquor retailer's premises
Sec. 11. (a) A liquor retailer may allow customers to sample thefollowing:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted only:
(1) on the liquor retailer's permit premises; and
(2) during the permittee's regular business hours.
(c) A liquor retailer may not charge for the samples provided tocustomers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a liquorretailer who allows customers to sample liquors, liqueurs, or cordialsshall comply with all of the following:
(1) A liquor retailer may allow a customer to sample only acombined total of two (2) liquor, liqueur, or cordial samples perday.
(2) Sample size of liqueurs or cordials may not exceed one-half(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4)ounce.
(f) A sample size of beer, flavored malt beverage, or hard cidermay not exceed six (6) ounces.
As added by P.L.12-1999, SEC.1. Amended by P.L.72-2004, SEC.7;P.L.94-2008, SEC.32.
IC 7.1-3-9-12
Alcoholic beverage self-service in suites
Sec. 12. (a) This section applies to:
(1) the holder of a three-way permit that is issued to a civiccenter, a sports arena, a stadium, an exhibition hall, anauditorium, a theater, a tract that contains a premises that isdescribed in IC 7.1-3-1-14(c)(2), or a convention center; or
(2) the holder of a catering permit while catering alcoholicbeverages at a civic center, a sports arena, a stadium, anexhibition hall, an auditorium, a theater, a tract that contains apremises that is described in IC 7.1-3-1-14(c)(2), or aconvention center.
(b) As used in this section, "suite" means an area in a building orfacility referred to in subsection (a) that:
(1) is not accessible to the general public;
(2) has accommodations for not more than seventy-five (75)persons per suite; and
(3) is accessible only to persons who possess a ticket:
(A) to an event in a building or facility referred to in
subsection (a); and
(B) that entitles the person to occupy the area while viewingthe event described in clause (A).
The term does not include a restaurant, lounge, or concession area,even if access to the restaurant, lounge, or concession area is limitedto certain ticket holders.
(c) A permittee may allow the self-service of individual servingsof alcoholic beverages in a suite.
(d) A person who:
(1) possesses a ticket described in subsection (b)(3); and
(2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite by self-service.
(e) A permittee may do any of the following:
(1) Demand that a person occupying a suite provide:
(A) a written statement under IC 7.1-5-7-4; and
(B) identification indicating that the person is at leasttwenty-one (21) years of age.
(2) Supervise the self-service of alcoholic beverages.
(3) Have an employee in the suite who holds an employeepermit under IC 7.1-3-18-9 to serve some or all of the alcoholicbeverages.
As added by P.L.72-2004, SEC.8.