CHAPTER 11. UNLAWFUL TRANSPORTATION
IC 7.1-5-11
Chapter 11. Unlawful Transportation
IC 7.1-5-11-1
Importation limited
Sec. 1. Importation Limited. It is unlawful for a person to importliquor into this state unless he is specifically authorized to do so bythis title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-1.5
Shipments of alcoholic beverages to residents not having validwholesaler permits
Sec. 1.5. (a) Except as provided in IC 7.1-3-26, it is unlawful fora person in the business of selling alcoholic beverages in Indiana oroutside Indiana to ship or cause to be shipped an alcoholic beveragedirectly to a person in Indiana who does not hold a valid wholesalerpermit under this title. This includes the ordering and selling ofalcoholic beverages over a computer network (as defined byIC 35-43-2-3(a)).
(b) Upon a determination by the commission that a person hasviolated subsection (a), a wholesaler may not accept a shipment ofalcoholic beverages from the person for a period of up to one (1) yearas determined by the commission.
(c) The commission shall adopt rules under IC 4-22-2 toimplement this section.
As added by P.L.121-1998, SEC.2. Amended by P.L.165-2006,SEC.38.
IC 7.1-5-11-2
Transportation limited
Sec. 2. Transportation Limited. It is unlawful for a carrier who isrequired to obtain a carrier's alcoholic permit by IC 1971, 7.1-3-18,to transport alcoholic beverages over or along a public highwaywithin this state unless he has applied for, and been issued, a carrier'salcoholic permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-3
Transportation in non-registered vehicles prohibited
Sec. 3. Transportation in Non-Registered Vehicles Prohibited. Itis unlawful for the holder of a carrier's alcoholic permit to import ortransport alcoholic beverages in a vehicle that has not been registeredwith the commission as required by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-4
Deliveries limited
Sec. 4. Deliveries Limited. It is unlawful for an officer, agent, oremployee of a railroad company, express company, or other common
carrier to recklessly deliver:
(1) an alcoholic beverage to a person other than the person towhom it is consigned;
(2) it without a written order by the consignee; or
(3) it to a person when the alcoholic beverage has beenconsigned to a fictitious person or a person under a fictitiousname.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.724.
IC 7.1-5-11-5
Transportation of untaxed beverage prohibited
Sec. 5. Transportation of Untaxed Beverage Prohibited. It is aClass D felony for a person to transport an alcoholic beverage on apublic highway, knowing that any of the taxes due the state on it arenot paid. This section does not apply to a permittee, or a dulylicensed carrier for a permittee, who is lawfully entitled to hold orpossess an alcoholic beverage without the payment of the excise taxon it prior to the time that it is withdrawn for sale.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,P.L.2, SEC.725; P.L.1-1999, SEC.20.
IC 7.1-5-11-6
Devious transportation prohibited
Sec. 6. Devious Transportation Prohibited. It is unlawful for aperson to use or employ, or agree to use or employ, a method oftransportation, or device, or fictitious name, or fictitious routing, orto enter into a scheme or method of transportation, or to resort to atrick or device, with the intent to evade, avoid, or defeat thecollection of a tax imposed by this title, or to evade or prevent theenforcement of a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-7
False shipments prohibited
Sec. 7. False Shipments Prohibited. It is unlawful for a consigneeto accept or receive a package that contains an alcoholic beverageupon which appears a statement, label, address, superscription,shipping direction, legend, or design which is known to him to befalse or misleading. It is unlawful, also, for a carrier, or other person,to consign, ship, transport, or deliver a package that contains analcoholic beverage knowing a statement label, address,superscription, shipping direction, legend, or design on it to be falseor misleading.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-8
Delivery to non-consignee prohibited
Sec. 8. Delivery to Non-Consignee Prohibited. It is unlawful fora person to present, or tender for transportation, to a carrier or a
person acting or assuming to act for a carrier, an alcoholic beveragefor delivery to a person other than the consignee designated by theperson offering the alcoholic beverage for shipment, or for thepurpose of effecting a delivery of the alcoholic beverage to a personnot permitted to receive it as consignee under the provisions of thistitle, or of a rule and regulation of the commission, or to a person notthe bona fide consignee of the shipment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-9
Violation of transportation contract prohibited
Sec. 9. Violation of Transportation Contract Prohibited. It isunlawful for a carrier or a person acting or assuming to act for acarrier, to deliver an alcoholic beverage in this state to a person, orat a place, other than the person, or place, or both, designated in thebill of lading or transportation contract. It is unlawful, also, for aperson to accept for transportation a shipment containing analcoholic beverage, knowing that the shipment is intended for aperson not permitted to receive it under the provisions of this title, orof a rule or regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-10
Transportation of liquor limited
Sec. 10. Transportation of Liquor Limited. It is unlawful for aperson to transport liquor or cause it to be transported, upon a publichighway into this state from another state, territory, or country, or totransport or cause it to be transported along or over a public highwayin this state, unless there is displayed on the outside of the package,in plain view, a mark or label of identification as the commission, byrule or regulation, may require.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.36.)
IC 7.1-5-11-11
Bill of lading required
Sec. 11. Bill of Lading Required. It is unlawful for a person totransport into this state upon a public highway of this state, analcoholic beverage from another state, territory or country, unless theperson accompanying, or in charge of the shipment, shall havepresent and available for exhibition a bill of lading, or other evidenceof ownership or shipment as the commission, by rule or regulation,may require. It is unlawful, also, for a person to refuse to exhibit, orpermit to be read or examined, the bill of lading or other evidence ofownership or shipment upon a lawful demand of the chairman, or ofa police officer of the state, or of a governmental subdivision of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-12
Use of highway for evasion prohibited
Sec. 12. Use of Highway for Evasion Prohibited. It is unlawful for
a person to use or employ a public highway in this state for thepurpose of evading a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-13
Keeping of record required
Sec. 13. Keeping of Record Required. A railroad company, anexpress company, and a common carrier shall keep in the office atwhich delivery of an alcoholic beverage to a consignee is made, aseparate record in which shall be entered the information required bythis title for the shipment of an alcoholic beverage. This record shallbe open to the inspection of the chairman. It is unlawful for an agent,officer, or employee of a railroad company, express company, orcommon carrier to violate a provision of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-14
False statement prohibited
Sec. 14. False Statement Prohibited. It is unlawful for a person tomake a false statement to a railroad, express, or transportationcompany for the purpose of obtaining an alcoholic beverage. It isunlawful, also, for a person to make a false statement to a personengaged in the business of transporting goods, wares, andmerchandise for the purpose of obtaining the shipment,transportation, or delivery of an alcoholic beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-11-15
Transportation of unowned goods limited
Sec. 15. It is unlawful for a person to import or transport analcoholic beverage that is not at that time the absolute property of anauthorized permittee under this title. This section shall not apply tothe shipment of an alcoholic beverage from another state incontinuous transit through this state into another state unless theshipment is intended to evade a provision of this title. This sectionshall not prohibit a person, other than permittee, from bringing intothis state a quantity of:
(1) wine not exceeding eighteen (18) liters; or
(2) liquor not exceeding one (1) quart;
if the person is a traveler in the ordinary course of travel and if it isnot intended for sale to another person.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.165-2006,SEC.39.
IC 7.1-5-11-16
Transportation on Sunday prohibited
Sec. 16. Transportation on Sunday Prohibited. It is a Class Cmisdemeanor for a person to deliver or transport an alcoholicbeverage to the holder of a retailer's or dealer's permit of any type,except a temporary beer or wine permit, on Sunday.(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.9.) Asamended by Acts 1978, P.L.2, SEC.726.