CHAPTER 10. UNLAWFUL SALES
IC 7.1-5-10
Chapter 10. Unlawful Sales
IC 7.1-5-10-1
Times when sales unlawful
Sec. 1. (a) Except as provided in subsection (c), it is unlawful tosell alcoholic beverages at the following times:
(1) At a time other than that made lawful by the provisions ofIC 7.1-3-1-14.
(2) On Christmas Day and until 7:00 o'clock in the morning,prevailing local time, the following day.
(b) During the time when the sale of alcoholic beverages isunlawful, no alcoholic beverages shall be sold, dispensed, givenaway, or otherwise disposed of on the licensed premises and thelicensed premises shall remain closed to the extent that the nature ofthe business carried on at the premises, as at a hotel or restaurant,permits.
(c) It is lawful for the holder of a valid beer, wine, or liquorwholesaler's permit to sell to the holder of a valid retailer's or dealer'spermit at any time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.51, SEC.7; P.L.3-1997, SEC.423; P.L.205-1999, SEC.18;P.L.94-2008, SEC.58; P.L.1-2009, SEC.63; P.L.10-2010, SEC.11.
IC 7.1-5-10-2
Unauthorized sales prohibited
Sec. 2. Unauthorized Sales Prohibited. It is unlawful for apermittee to recklessly sell, keep for sale, barter, furnish, or giveaway an alcoholic beverage which he is not entitled to sell, keep forsale, barter, furnish, or give away under his permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.715.
IC 7.1-5-10-3
Unauthorized dealings prohibited
Sec. 3. Unauthorized Dealings Prohibited. It is unlawful for aperson who is not a permittee to recklessly give away or furnish, toa person other than a guest or a member of his family, or torecklessly sell, barter, or exchange, an alcoholic beverage unless heis expressly authorized to do so by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.716.
IC 7.1-5-10-4
Sale of untaxed alcoholic beverages prohibited
Sec. 4. Sale of Untaxed Alcoholic Beverages Prohibited. It isunlawful for a person to recklessly sell, give, withdraw for sale orgift, offer for sale, display, barter, exchange, purchase, receive,possess, transport, or store an alcoholic beverage upon which theappropriate excise tax and applicable license fee have not been paid.(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.35.)As amended by Acts 1978, P.L.2, SEC.717.
IC 7.1-5-10-5
Sale without permit prohibited
Sec. 5. Sale Without Permit Prohibited. It is unlawful for a person,except as otherwise permitted by this title, to purchase, receive,manufacture, import, or transport, or cause to be imported ortransported from another state, territory, or country, into this state, ortransport, ship, barter, give away, exchange, furnish, or otherwisehandle, or dispose of an alcoholic beverage, or to possess analcoholic beverage for purpose of sale. It is unlawful, also, for aperson knowingly to receive or acquire an alcoholic beverage froma person who does not hold, unrevoked, the appropriate permit underthis title to sell, deliver, furnish, or give the alcoholic beverage tohim.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-6
Sale of adulterated or misbranded beverage prohibited
Sec. 6. Sale of Adulterated or Misbranded Beverage Prohibited.It is unlawful for a person to sell, offer or expose for sale, or have inhis possession with intent to sell, an alcoholic beverage that isadulterated or misbranded. It is unlawful, also, for a person to alteror change a brand, label, mark, design, device, or inscription that hasreference to the kind, brand, age, quality, quantity, or otherdescription of the alcoholic beverage contents of a bottle orcontainer. The possession of an adulterated or misbranded alcoholicbeverage by a permittee, or other person engaged in the manufactureor traffic in alcoholic beverages, is prima facie evidence ofknowledge of the misbranding or adulteration and of an intent toviolate a provision of this section. The possession by a permittee, orother person engaged in the alcoholic beverage traffic, of a bottle orcontainer used, or intended to be used, for containing an alcoholicbeverage on which a label, brand, mark, design, or device has beenaltered or changed is prima facie evidence of an intent to violate aprovision of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-7
Purchase from non-permittee prohibited
Sec. 7. Purchase from Non-Permittee Prohibited. It is a Class Cinfraction for a person knowingly to purchase, or to agree topurchase, an alcoholic beverage from a person who does not at thetime of the purchase hold a permit authorizing the seller to sell, oragree to sell, the alcoholic beverage to the purchaser.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.718.
IC 7.1-5-10-8
Solicitation of certain orders prohibited
Sec. 8. Solicitation of Certain Orders Prohibited. It is unlawful fora person to solicit or receive, or to allow his employee to solicit orreceive, an order for an alcoholic beverage from another person inviolation of a provision of this title. It is unlawful, also, for a personto give information of how an alcoholic beverage may be obtained inviolation of a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-9
Alcoholic content regulation
Sec. 9. Alcoholic Content Regulation. It is unlawful, except asotherwise authorized in this title, for a person to sell, give away,barter, furnish, or exchange, or to possess or keep for a prohibitedpurpose, alcohol as a beverage, or a beverage or liquid likely to beused or intended to be used as a beverage, which has a content ofalcohol that is higher than is permitted by the rules and regulation ofthe commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-10
Huckstering prohibited
Sec. 10. Huckstering Prohibited. It is a Class C misdemeanor fora permittee to recklessly deliver an alcoholic beverage to a consumerwithout an order for it, or to recklessly huckster or peddle analcoholic beverage to a person who is not a permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.719.
IC 7.1-5-10-11
Sale of cold beer prohibited
Sec. 11. Sale of Cold Beer Prohibited. It is unlawful for the holderof a beer dealer's permit to offer or display for sale, or sell, barter,exchange or give away a bottle, can, container, or package of beerthat was iced or cooled by the permittee before or at the time of thesale, exchange, or gift.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-12
Credit sales prohibited
Sec. 12. Credit Sales Prohibited. It is unlawful for a permittee tosell, offer to sell, purchase or receive, an alcoholic beverage foranything other than cash. A permittee who extends credit in violationof this section shall have no right of action on the claim. This sectionshall not prohibit a permittee from crediting to a purchaser the actualprice charged for a package or an original container returned by theoriginal purchaser as a credit on a sale. This section shall not prohibita permittee from refunding to a purchaser the amount paid by thepurchaser for a container, or as a deposit on a container, if it is
returned to the permittee. This section shall not prohibit amanufacturer from extending usual and customary credit foralcoholic beverages sold to a customer who maintains a place ofbusiness outside this state when the alcoholic beverages are actuallyshipped to a point outside this state. This section shall not prohibita distiller or a liquor or wine wholesaler from extending credit onliquor, flavored malt beverages, and wine sold to a permittee for aperiod of fifteen (15) days from the date of invoice, date of invoiceincluded. However, if the fifteen (15) day period passes withoutpayment in full, the wholesaler shall sell to that permittee on a cashon delivery basis only.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.72-1996,SEC.23.
IC 7.1-5-10-13
Cashing of certain checks prohibited
Sec. 13. A permittee who holds a permit to sell at retail shall notcash a check issued by the county office of the division of familyresources or by a charitable organization if any part of the proceedsof the check are to be used to purchase an alcoholic beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.16-1986,SEC.5; P.L.4-1993, SEC.12; P.L.5-1993, SEC.24; P.L.146-2008,SEC.360; P.L.44-2009, SEC.3.
IC 7.1-5-10-14
Sales to habitual drunkards prohibited
Sec. 14. Sales to Habitual Drunkards Prohibited. It is unlawful fora permittee to sell, barter, exchange, give, provide, or furnish analcoholic beverage to a person whom he knows to be a habitualdrunkard.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.720.
IC 7.1-5-10-15
Sale to intoxicated person prohibited
Sec. 15. (a) It is unlawful for a person to sell, barter, deliver, orgive away an alcoholic beverage to another person who is in a stateof intoxication if the person knows that the other person isintoxicated.
(b) In any civil proceeding in which damages are sought from apermittee or a permittee's agent for the refusal to serve a person analcoholic beverage, it is a complete defense if the permittee or agentreasonably believed that the person was intoxicated or was otherwisenot entitled to be served an alcoholic beverage.
(c) After charges have been filed against a person for a violationof subsection (a), the prosecuting attorney shall notify thecommission of the charges filed.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.721; P.L.86-1985, SEC.1; P.L.125-2000, SEC.4.
IC 7.1-5-10-15.5
Person furnishing alcoholic beverage; civil liability for damages;"furnish" defined
Sec. 15.5. (a) As used in this section, "furnish" includes barter,deliver, sell, exchange, provide, or give away.
(b) A person who furnishes an alcoholic beverage to a person isnot liable in a civil action for damages caused by the impairment orintoxication of the person who was furnished the alcoholic beverageunless:
(1) the person furnishing the alcoholic beverage had actualknowledge that the person to whom the alcoholic beverage wasfurnished was visibly intoxicated at the time the alcoholicbeverage was furnished; and
(2) the intoxication of the person to whom the alcoholicbeverage was furnished was a proximate cause of the death,injury, or damage alleged in the complaint.
(c) If a person who is at least twenty-one (21) years of age suffersinjury or death proximately caused by the person's voluntaryintoxication, the:
(1) person;
(2) person's dependents;
(3) person's personal representative; or
(4) person's heirs;
may not assert a claim for damages for personal injury or deathagainst a person who furnished an alcoholic beverage thatcontributed to the person's intoxication, unless subsections (b)(1) and(b)(2) apply.
As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.
IC 7.1-5-10-16
Sale to inmate prohibited
Sec. 16. Sale to Inmate Prohibited. It is a Class C infraction for aperson to furnish an alcoholic beverage to a person confined in apenal facility. It is unlawful, also, for a person who has charge of apenal facility to knowingly permit a prisoner confined within hisjurisdiction to receive an alcoholic beverage unless it has beenprescribed by a physician as medicine for the prisoner.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.722.
IC 7.1-5-10-17
Sales at fair grounds prohibited
Sec. 17. Sales at Fair Grounds Prohibited. It is unlawful to sell ordispense an alcoholic beverage on the Indiana State Fair Groundsduring the period of the Indiana state fair.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.723.
IC 7.1-5-10-18
Taking beverage from train prohibited Sec. 18. Taking Beverage from Train Prohibited. It is unlawful forthe holder of a dining car permit to sell an alcoholic beverage to aperson for the purpose of its being carried off the train. It also isunlawful for a person to carry an alcoholic beverage off a train thatwas purchased on it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-19
Taking beverage from boat prohibited
Sec. 19. Taking Beverage from Boat Prohibited. It is unlawful forthe holder of a boat permit to sell an alcoholic beverage to a personfor the purpose of its being carried off the boat. It also is unlawful fora person to carry an alcoholic beverage off a boat that was purchasedon it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-20
Unlawful acts by retailers
Sec. 20. (a) It is unlawful for a holder of a retailer's permit to doany of the following:
(1) Sell alcoholic beverages during a portion of the day at aprice that is reduced from the usual, customary, or establishedprice that the permittee charges during the remainder of thatday.
(2) Furnish two (2) or more servings of an alcoholic beverageupon the placing of an order for one (1) serving to one (1)person for that person's personal consumption.
(3) Charge a single price for the required purchase of two (2) ormore servings of an alcoholic beverage.
(b) Subsection (a) applies to private clubs but does not apply toprivate functions that are not open to the public.
(c) Notwithstanding subsection (a)(1), it is lawful for a holder ofa retailer's permit to sell alcoholic beverages during a portion of theday at a price that is increased from the usual, customary, orestablished price that the permittee charges during the remainder ofthat day as long as the price increase is charged when the permitteeprovides paid live entertainment not incidental to the servicescustomarily provided.
(d) Notwithstanding subsection (a), section 12 of this chapter, andIC 7.1-5-5-7, it is lawful for a hotel, in an area of the hotel in whichalcoholic beverages are not sold, to make available to its registeredguests and their guests alcoholic beverages at no additional chargebeyond what is to be paid by the registered guests as the room rate.
As added by P.L.86-1985, SEC.2. Amended by P.L.79-1986, SEC.5.
IC 7.1-5-10-21
Visiting or maintaining place unlawfully selling alcoholicbeverages; violation
Sec. 21. (a) A person who knowingly or intentionally visits abuilding, structure, vehicle, or other place when it is being used by
any person to buy an alcoholic beverage (if the sale is in violation ofsection 5 of this chapter) commits visiting a common nuisance, aClass B misdemeanor.
(b) A person who knowingly or intentionally maintains a building,structure, vehicle, or other place that is used for the sale of alcoholicbeverages (if the sale is in violation of section 5 of this chapter)commits maintaining a common nuisance, a Class D felony.
As added by P.L.176-1986, SEC.3.
IC 7.1-5-10-22
Unlawful sale of flavored malt beverage
Sec. 22. It is unlawful for a retailer or dealer to sell a flavoredmalt beverage except under the same conditions that a retailer ordealer is permitted to sell beer or other alcoholic beverages obtainedby the fermentation of an infusion or decoction of barley malt orother cereal and hops in water.
As added by P.L.72-1996, SEC.24.
IC 7.1-5-10-23
Purchases for consumption off the licensed premises; proof of age;defense
Sec. 23. (a) It is a Class B misdemeanor for a permittee or anemployee or agent of a permittee to recklessly, knowingly, orintentionally sell, barter, exchange, provide, or furnish anotherperson an alcoholic beverage for consumption off the licensedpremises without first requiring the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a similarcard issued under the laws of another state or the federalgovernment; or
(3) a government issued document;
bearing the person's photograph and birth date showing that theperson is at least twenty-one (21) years of age.
(b) In a criminal or administrative proceeding, it is a defense to acharge under this section that the individual to whom the permitteeor employee or agent of the permittee sold, bartered, exchanged,provided, or furnished alcoholic beverages for consumption off thelicensed premises was or reasonably appeared to be more than fifty(50) years of age.
As added by P.L.10-2010, SEC.12.