IC 7.1-3-12
Chapter 12. Vintners' and Farm Winery Permits
IC 7.1-3-12-1 Application
Sec. 1. Application. The commission may issue a vintner's permit
to a person who desires to commercially manufacture wine. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-12-2 Scope of permit
Sec. 2. Scope of Permit. The holder of a vintner's permit is
entitled to manufacture wine and to bottle it or place it in other
containers. He also is entitled to transport wine and either to sell it,
or deliver it, or both, in shipments to points outside this state, and to
a wine wholesaler, and to another vintner. A vintner is not entitled to
rectify or fortify wine unless he is also the holder of either a
distiller's permit, or a rectifier's permit, or both. A vintner is not
entitled to sell to a consumer or to a permittee who sells wine at
retail. A vintner is entitled to advertise the name and address of any
retailer or dealer who sells wine produced by his winery. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1.)
IC 7.1-3-12-3 Farm winery permit
Sec. 3. The commission may issue a farm winery permit to a
person who:
(1) is the proprietor of a farm winery;
(2) desires to commercially manufacture wine; and
(3) is either:
(A) an individual; or
(B) a partnership, limited liability company, or corporation
domiciled in or admitted to do business in Indiana.
A farm winery permit shall be valid from July 1, of the then current
year to June 30, of the following year. IC 7.1-3-21-5 does not apply
to a farm winery permit issued under this chapter. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.36-1999,
SEC.1; P.L.201-1999, SEC.2; P.L.14-2000, SEC.24; P.L.165-2006,
SEC.21.
IC 7.1-3-12-4 Farm winery; general requirements
Sec. 4. In order to be considered a "farm winery" within the
meaning of this title and to be eligible to receive a farm winery
permit, a wine-making establishment shall not annually sell more
than one million (1,000,000) gallons of wine in Indiana, excluding
wine shipped to an out-of-state address. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1977,
P.L.93, SEC.1; Acts 1978, P.L.53, SEC.1; P.L.201-1999, SEC.3;
P.L.165-2006, SEC.22; P.L.54-2008, SEC.2. IC 7.1-3-12-5 Scope of farm winery permit
Sec. 5. (a) The holder of a farm winery permit:
(1) is entitled to manufacture wine and to bottle wine produced
by the permit holder's farm winery;
(2) is entitled to serve complimentary samples of the winery's
wine on the licensed premises or an outside area that is
contiguous to the licensed premises as approved by the
commission if each employee who serves wine on the licensed
premises:
(A) holds an employee permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
commission;
(3) is entitled to sell the winery's wine on the licensed premises
to consumers either by the glass, or by the bottle, or both;
(4) is entitled to sell the winery's wine to consumers by the
bottle at a farmers' market that is operated on a nonprofit basis;
(5) is entitled to sell wine by the bottle or by the case to a
person who is the holder of a permit to sell wine at wholesale;
(6) is exempt from the provisions of IC 7.1-3-14;
(7) is entitled to advertise the name and address of any retailer
or dealer who sells wine produced by the permit holder's
winery;
(8) for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the
wine on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine
on the licensed premises;
(9) is entitled to purchase and sell bulk wine as set forth in this
chapter;
(10) is entitled to sell wine as authorized by this section for
carryout on Sunday; and
(11) is entitled to sell and ship the farm winery's wine to a
person located in another state in accordance with the laws of
the other state.
(b) With the approval of the commission, a holder of a permit
under this chapter may conduct business at not more than three (3)
additional locations that are separate from the winery. At the
additional locations, the holder of a permit may conduct any business
that is authorized at the first location, except for the manufacturing
or bottling of wine.
(c) With the approval of the commission, a holder of a permit
under this chapter may, individually or with other permit holders
under this chapter, participate in a trade show or an exposition at
which products of each permit holder participant are displayed,
promoted, and sold. The commission may not grant approval under
this subsection to a holder of a permit under this chapter for more
than thirty (30) days in a calendar year. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2.) As
amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1;
IC 7.1-3-12-6
Repealed
(Repealed by P.L.165-2006, SEC.41.)
IC 7.1-3-12-7 Bulk wine purchases by farm winery
Sec. 7. (a) Except as provided in subsection (b), a farm winery
may purchase annually a quantity of bulk wine that does not exceed
the greater of the following:
(1) Five thousand five hundred (5,500) gallons.
(2) Fifty percent (50%) of the quantity of wine produced by
fermentation by the winery during the previous year.
(b) This subsection applies to a farm winery that suffers a loss of
wine inventory due to natural or manmade disaster. If the farm
winery documents the inventory loss and obtains permission from the
commission, the winery may purchase a quantity of bulk wine not
greater than the sum of the following:
(1) The quantity of the winery's wine inventory loss.
(2) The quantity of bulk wine that may be purchased by the
farm winery annually under subsection (a). As added by P.L.41-2002, SEC.3.
IC 7.1-3-12
Chapter 12. Vintners' and Farm Winery Permits
IC 7.1-3-12-1 Application
Sec. 1. Application. The commission may issue a vintner's permit
to a person who desires to commercially manufacture wine. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-12-2 Scope of permit
Sec. 2. Scope of Permit. The holder of a vintner's permit is
entitled to manufacture wine and to bottle it or place it in other
containers. He also is entitled to transport wine and either to sell it,
or deliver it, or both, in shipments to points outside this state, and to
a wine wholesaler, and to another vintner. A vintner is not entitled to
rectify or fortify wine unless he is also the holder of either a
distiller's permit, or a rectifier's permit, or both. A vintner is not
entitled to sell to a consumer or to a permittee who sells wine at
retail. A vintner is entitled to advertise the name and address of any
retailer or dealer who sells wine produced by his winery. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1.)
IC 7.1-3-12-3 Farm winery permit
Sec. 3. The commission may issue a farm winery permit to a
person who:
(1) is the proprietor of a farm winery;
(2) desires to commercially manufacture wine; and
(3) is either:
(A) an individual; or
(B) a partnership, limited liability company, or corporation
domiciled in or admitted to do business in Indiana.
A farm winery permit shall be valid from July 1, of the then current
year to June 30, of the following year. IC 7.1-3-21-5 does not apply
to a farm winery permit issued under this chapter. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.36-1999,
SEC.1; P.L.201-1999, SEC.2; P.L.14-2000, SEC.24; P.L.165-2006,
SEC.21.
IC 7.1-3-12-4 Farm winery; general requirements
Sec. 4. In order to be considered a "farm winery" within the
meaning of this title and to be eligible to receive a farm winery
permit, a wine-making establishment shall not annually sell more
than one million (1,000,000) gallons of wine in Indiana, excluding
wine shipped to an out-of-state address. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1977,
P.L.93, SEC.1; Acts 1978, P.L.53, SEC.1; P.L.201-1999, SEC.3;
P.L.165-2006, SEC.22; P.L.54-2008, SEC.2. IC 7.1-3-12-5 Scope of farm winery permit
Sec. 5. (a) The holder of a farm winery permit:
(1) is entitled to manufacture wine and to bottle wine produced
by the permit holder's farm winery;
(2) is entitled to serve complimentary samples of the winery's
wine on the licensed premises or an outside area that is
contiguous to the licensed premises as approved by the
commission if each employee who serves wine on the licensed
premises:
(A) holds an employee permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
commission;
(3) is entitled to sell the winery's wine on the licensed premises
to consumers either by the glass, or by the bottle, or both;
(4) is entitled to sell the winery's wine to consumers by the
bottle at a farmers' market that is operated on a nonprofit basis;
(5) is entitled to sell wine by the bottle or by the case to a
person who is the holder of a permit to sell wine at wholesale;
(6) is exempt from the provisions of IC 7.1-3-14;
(7) is entitled to advertise the name and address of any retailer
or dealer who sells wine produced by the permit holder's
winery;
(8) for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the
wine on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine
on the licensed premises;
(9) is entitled to purchase and sell bulk wine as set forth in this
chapter;
(10) is entitled to sell wine as authorized by this section for
carryout on Sunday; and
(11) is entitled to sell and ship the farm winery's wine to a
person located in another state in accordance with the laws of
the other state.
(b) With the approval of the commission, a holder of a permit
under this chapter may conduct business at not more than three (3)
additional locations that are separate from the winery. At the
additional locations, the holder of a permit may conduct any business
that is authorized at the first location, except for the manufacturing
or bottling of wine.
(c) With the approval of the commission, a holder of a permit
under this chapter may, individually or with other permit holders
under this chapter, participate in a trade show or an exposition at
which products of each permit holder participant are displayed,
promoted, and sold. The commission may not grant approval under
this subsection to a holder of a permit under this chapter for more
than thirty (30) days in a calendar year. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2.) As
amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1;
IC 7.1-3-12-6
Repealed
(Repealed by P.L.165-2006, SEC.41.)
IC 7.1-3-12-7 Bulk wine purchases by farm winery
Sec. 7. (a) Except as provided in subsection (b), a farm winery
may purchase annually a quantity of bulk wine that does not exceed
the greater of the following:
(1) Five thousand five hundred (5,500) gallons.
(2) Fifty percent (50%) of the quantity of wine produced by
fermentation by the winery during the previous year.
(b) This subsection applies to a farm winery that suffers a loss of
wine inventory due to natural or manmade disaster. If the farm
winery documents the inventory loss and obtains permission from the
commission, the winery may purchase a quantity of bulk wine not
greater than the sum of the following:
(1) The quantity of the winery's wine inventory loss.
(2) The quantity of bulk wine that may be purchased by the
farm winery annually under subsection (a). As added by P.L.41-2002, SEC.3.
IC 7.1-3-12
Chapter 12. Vintners' and Farm Winery Permits
IC 7.1-3-12-1 Application
Sec. 1. Application. The commission may issue a vintner's permit
to a person who desires to commercially manufacture wine. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-12-2 Scope of permit
Sec. 2. Scope of Permit. The holder of a vintner's permit is
entitled to manufacture wine and to bottle it or place it in other
containers. He also is entitled to transport wine and either to sell it,
or deliver it, or both, in shipments to points outside this state, and to
a wine wholesaler, and to another vintner. A vintner is not entitled to
rectify or fortify wine unless he is also the holder of either a
distiller's permit, or a rectifier's permit, or both. A vintner is not
entitled to sell to a consumer or to a permittee who sells wine at
retail. A vintner is entitled to advertise the name and address of any
retailer or dealer who sells wine produced by his winery. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.1.)
IC 7.1-3-12-3 Farm winery permit
Sec. 3. The commission may issue a farm winery permit to a
person who:
(1) is the proprietor of a farm winery;
(2) desires to commercially manufacture wine; and
(3) is either:
(A) an individual; or
(B) a partnership, limited liability company, or corporation
domiciled in or admitted to do business in Indiana.
A farm winery permit shall be valid from July 1, of the then current
year to June 30, of the following year. IC 7.1-3-21-5 does not apply
to a farm winery permit issued under this chapter. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.36-1999,
SEC.1; P.L.201-1999, SEC.2; P.L.14-2000, SEC.24; P.L.165-2006,
SEC.21.
IC 7.1-3-12-4 Farm winery; general requirements
Sec. 4. In order to be considered a "farm winery" within the
meaning of this title and to be eligible to receive a farm winery
permit, a wine-making establishment shall not annually sell more
than one million (1,000,000) gallons of wine in Indiana, excluding
wine shipped to an out-of-state address. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1977,
P.L.93, SEC.1; Acts 1978, P.L.53, SEC.1; P.L.201-1999, SEC.3;
P.L.165-2006, SEC.22; P.L.54-2008, SEC.2. IC 7.1-3-12-5 Scope of farm winery permit
Sec. 5. (a) The holder of a farm winery permit:
(1) is entitled to manufacture wine and to bottle wine produced
by the permit holder's farm winery;
(2) is entitled to serve complimentary samples of the winery's
wine on the licensed premises or an outside area that is
contiguous to the licensed premises as approved by the
commission if each employee who serves wine on the licensed
premises:
(A) holds an employee permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
commission;
(3) is entitled to sell the winery's wine on the licensed premises
to consumers either by the glass, or by the bottle, or both;
(4) is entitled to sell the winery's wine to consumers by the
bottle at a farmers' market that is operated on a nonprofit basis;
(5) is entitled to sell wine by the bottle or by the case to a
person who is the holder of a permit to sell wine at wholesale;
(6) is exempt from the provisions of IC 7.1-3-14;
(7) is entitled to advertise the name and address of any retailer
or dealer who sells wine produced by the permit holder's
winery;
(8) for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the
wine on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine
on the licensed premises;
(9) is entitled to purchase and sell bulk wine as set forth in this
chapter;
(10) is entitled to sell wine as authorized by this section for
carryout on Sunday; and
(11) is entitled to sell and ship the farm winery's wine to a
person located in another state in accordance with the laws of
the other state.
(b) With the approval of the commission, a holder of a permit
under this chapter may conduct business at not more than three (3)
additional locations that are separate from the winery. At the
additional locations, the holder of a permit may conduct any business
that is authorized at the first location, except for the manufacturing
or bottling of wine.
(c) With the approval of the commission, a holder of a permit
under this chapter may, individually or with other permit holders
under this chapter, participate in a trade show or an exposition at
which products of each permit holder participant are displayed,
promoted, and sold. The commission may not grant approval under
this subsection to a holder of a permit under this chapter for more
than thirty (30) days in a calendar year. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2.) As
amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1;
IC 7.1-3-12-6
Repealed
(Repealed by P.L.165-2006, SEC.41.)
IC 7.1-3-12-7 Bulk wine purchases by farm winery
Sec. 7. (a) Except as provided in subsection (b), a farm winery
may purchase annually a quantity of bulk wine that does not exceed
the greater of the following:
(1) Five thousand five hundred (5,500) gallons.
(2) Fifty percent (50%) of the quantity of wine produced by
fermentation by the winery during the previous year.
(b) This subsection applies to a farm winery that suffers a loss of
wine inventory due to natural or manmade disaster. If the farm
winery documents the inventory loss and obtains permission from the
commission, the winery may purchase a quantity of bulk wine not
greater than the sum of the following:
(1) The quantity of the winery's wine inventory loss.
(2) The quantity of bulk wine that may be purchased by the
farm winery annually under subsection (a). As added by P.L.41-2002, SEC.3.
