CHAPTER 5. MISCELLANEOUS CRIMES
IC 7.1-5-5
Chapter 5. Miscellaneous Crimes
IC 7.1-5-5-1
Issuance of permit; illegal influence prohibited
Sec. 1. Issuance of Permits: Illegal Influence Prohibited. It isunlawful for a permittee, or an applicant for a permit, to solicit oraccept the assistance of an officer or employee of the state, or of one(1) of its political subdivisions or municipal corporations, or of theUnited States, or of a political party or political committee, inobtaining the issuance or renewal of a permit or in preventing thesuspension or revocation of a permit. This section shall have noapplication to an officer or employee of the commission nor to amember of a local board. This section does not prohibit theemployment of an attorney, regardless of political affiliations, by apermittee or applicant, in obtaining the issuance or renewal of apermit or in preventing the suspension or revocation of a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-5-2
Commission; receiving gifts prohibited
Sec. 2. Commission: Receiving Gifts Prohibited. It is unlawful fora commissioner, an officer or employee of the commission, or amember of a local board, to receive a gratuity, commission, or profitof any kind from a person applying for or receiving a permit underthis title. A person who violates the provisions of this section alsoshall be dismissed as provided in this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-5-3
Illegal influence prohibited
Sec. 3. Illegal Influence Prohibited. It is unlawful for the holderof a manufacturer's permit of any type, a wholesaler's permit of anytype, or an officer, employee, agent or other representative of asurety company which has executed a bond for a permittee under thistitle to seek to influence or recommend or solicit the appointment ofa member of a local board, or of an officer, appointee or employeeunder this title, or meet with, consult, or advise a member of a localboard concerning the issuance of a permit of any type.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-5-4
Repealed
(Repealed by Acts 1977, P.L.97, SEC.1.)
IC 7.1-5-5-5
Repealed
(Repealed by Acts 1977, P.L.97, SEC.1.)
IC 7.1-5-5-6
Repealed
(Repealed by Acts 1977, P.L.97, SEC.1.)
IC 7.1-5-5-7
Discrimination in sales prohibited; exception; special discounts forcertain products
Sec. 7. (a) It is unlawful for a permittee in a sale or contract to sellalcoholic beverages to discriminate between purchasers by grantinga price, discount, allowance, or service charge which is not availableto all purchasers at the same time. However, this section does notauthorize or require a permittee to sell to a person to whom thepermittee is not authorized to sell under this title.
(b) A premises that operates at least two (2) restaurants that areseparate and distinct from each other on the same premises mayprovide for a different schedule of prices in each restaurant if eachrestaurant conforms to all other laws and rules of the commissionregarding pricing and price discrimination in its separate and distinctareas.
(c) This section does not apply to the holder of a gaming sitepermit that complies with IC 7.1-3-17.5-6.
(d) Notwithstanding subsection (a), a beer wholesaler may offera special discount price to a beer dealer or beer retailer for beer orflavored malt beverage, if the beer or flavored malt beverage:
(1) is a brand or package the beer wholesaler has discontinued;or
(2) will expire in not more than:
(A) twenty (20) days for packaged beer or packaged flavoredmalt beverage; and
(B) ten (10) days for draft beer or draft flavored maltbeverage.
(e) The special discount under subsection (d) only applies to beeror flavored malt beverage that will expire and be subject to removalfrom retailer or dealer shelves in accordance with the primary sourceof supply's coding data clearly identified on the container.
(f) Any beer or flavored malt beverage sold at a special discountprice under subsection (d) shall be accompanied by an invoiceclearly designating, in addition to all other information required bylaw, all the following information:
(1) The date of delivery.
(2) The expiration date of each brand, package type, andquantity delivered.
(3) The per unit price for each package.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.51; P.L.250-2003, SEC.16; P.L.224-2005, SEC.30;P.L.233-2007, SEC.32.
IC 7.1-5-5-8
Repealed
(Repealed by Acts 1978, P.L.2, SEC.727.)
IC 7.1-5-5-9
Coercion prohibited; unequitable termination of contractprohibited
Sec. 9. (a) This section does not apply to product management (asdescribed in 905 IAC 1-5.2-15) by a permittee.
(b) It is unlawful for a permittee to knowingly or intentionallycoerce, or attempt to coerce, or persuade another permittee to enterinto an agreement, or to take an action, which would violate aprovision of this title or of the rules and regulations of thecommission.
(c) It is unlawful for a beer wholesaler or a primary source ofsupply to cancel or terminate an agreement or contract between abeer wholesaler and a primary source of supply for the sale of beer,unfairly and without due regard for the equities of the other party.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,SEC.31; P.L.94-2008, SEC.48.
IC 7.1-5-5-10
Acceptance of gift by retailer prohibited
Sec. 10. Acceptance of Gift by Retailer Prohibited. It is unlawfulfor a person who holds a retailer's or dealer's permit of any type toreceive or accept from a manufacturer of alcoholic beverages, orfrom a permittee authorized to sell and deliver alcoholic beverages,a rebate, sum of money, accessory, furniture, fixture, loan of money,concession, privilege, use, title, interest, or lease, rehabilitation,decoration, improvement or repair of premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-5-11
Gift to retail permittee prohibited; promotional prizes; bona fideincentives
Sec. 11. (a) Except as provided in subsections (c) and (d), it isunlawful for a manufacturer of alcoholic beverages or a permitteeauthorized to sell and deliver alcoholic beverages to:
(1) give, supply, furnish, or grant to another permittee whopurchases alcoholic beverages from him a rebate, sum ofmoney, accessory, furniture, fixture, loan of money, concession,privilege, use, title, interest, lease, or rental of premises; or
(2) except as provided in IC 7.1-3-2-9 and IC 7.1-3-3-5(f), havea business dealing with the other permittee.
(b) This section shall not apply to the sale and delivery andcollection of the sale price of an alcoholic beverage in the ordinarycourse of business.
(c) If the promotional program is approved under the rulesadopted by the commission and is conducted in all wholesalerestablishments through which the manufacturer distributes alcoholicbeverages in Indiana, a manufacturer of alcoholic beverages mayaward bona fide promotional prizes and awards to any of thefollowing:
(1) A person with a wholesaler's permit issued under IC 7.1-3. (2) An employee of a person with a wholesaler's permit issuedunder IC 7.1-3.
(d) A manufacturer may offer on a nondiscriminatory basis bonafide incentives to wholesalers when the incentives are determinedbased on sales to retailers or dealers occurring during specified timesfor specified products. The incentive may be conditioned on thewholesaler selling a:
(1) specified product at a specified price or less than a specifiedprice; or
(2) minimum quantity of a specified product to a singlecustomer in a single transaction.
The incentive may not be conditioned on a wholesaler having totalsales of a minimum quantity of a specified product during theapplicable period.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.32-1988,SEC.5; P.L.72-1997, SEC.3; P.L.224-2005, SEC.32.
IC 7.1-5-5-12
Amateur athletics; soliciting assistance prohibited
Sec. 12. Amateur Athletics: Soliciting Assistance Prohibited. It isunlawful for a permittee who sponsors an amateur athletic contest,team, or sporting contest to solicit or accept assistance, eitherfinancial or otherwise, from another permittee for the purpose ofpromoting the amateur athletic contest, team, or sporting event. Italso is unlawful for a permittee who is solicited in violation of thissection to give that assistance.
(Formerly: Acts 1973, P.L.55, SEC.1.)