IC 7.1-3-2-1 Application
Sec. 1. Application. The commission may issue a brewer's permit
to a person who desires to commercially manufacture beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-2 Persons eligible for permits
Sec. 2. (a) Except as provided in subsection (b), the commission
may issue a brewer's permit only to:
(1) an individual;
(2) a partnership, all the partners of which are bona fide
residents of Indiana;
(3) a limited liability company, all the members of which are
bona fide residents of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana and having authority under its charter to manufacture or
sell beer.
(b) The commission may issue a brewer's permit to a brewer for
a brewery that manufactures not more than twenty thousand (20,000)
barrels of beer in a calendar year to:
(1) an individual;
(2) a partnership organized and existing under the laws of
Indiana;
(3) a limited liability company organized and existing under the
laws of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,
SEC.3; P.L.72-2004, SEC.5.
IC 7.1-3-2-3 Preference for existing permittees
Sec. 3. Preference for Existing Permittees. A holder of a brewer's
permit shall be entitled to preference in the issuance of a brewer's
permit over a new applicant for that permit and the existing permittee
shall not be refused the permit except for good cause after hearing. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-4 Out-of-state brewer; qualifications
Sec. 4. A brewer or other person located outside Indiana who is
desirous of selling beer or flavored malt beverage to an Indiana
permittee for importation into and resale in Indiana, in order to
qualify under this title, shall file with the commission a surety bond
in a penal sum equal to its average monthly excise tax liability for the
previous year, payable to the state of Indiana and conditioned on the
principal's faithful performance and discharge in its agreement with
the commission as provided in section 5 of this chapter. The bond
and agreement, unless suspended or revoked, shall be renewable
annually. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.2; P.L.72-1996, SEC.2.
IC 7.1-3-2-5 Out-of-state brewer; agreement
Sec. 5. There shall accompany the bond required by section 4 of
this chapter an agreement by the applicant to:
(1) pay to the state the taxes and fees levied by the state for
which the applicant is liable on beer shipped or transported into
Indiana;
(2) furnish reports required by the commission of the sales of
beer and flavored malt beverage by the principal to an Indiana
permittee; and
(3) consent to an examination of the principal's records
pertaining to sales to an Indiana permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.3; P.L.72-1996, SEC.3.
IC 7.1-3-2-6 Cessation of manufacturing; revocation of permit
Sec. 6. Cessation of Manufacturing: Revocation of Permit. The
commission may revoke the permit of a brewer if the brewer does
not, in good faith, begin to manufacture beer within six (6) months
after the issuance of the permit, or if he suspends manufacturing of
beer for six (6) consecutive months, without the consent and
approval of the commission. The revocation shall be affected in
accordance with the rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-7 Scope of permit
Sec. 7. The holder of a brewer's permit or an out-of-state brewer
holding either a primary source of supply permit or an out-of-state
brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than twenty
thousand (20,000) barrels of beer in a calendar year, do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant established under
clause (B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view
both premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on
the premises. Brewers permitted to sell beer by the glass
under this clause must furnish the minimum food
requirements prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permit
premises of the brewer or at the residence of the consumer.
The delivery to a consumer may be made only in a quantity
at any one (1) time of not more than one-half (1/2) barrel,
but the beer may be contained in bottles or other permissible
containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause only at the address for
which the brewer's permit was issued under this chapter.
(6) If the brewer's brewery manufactures more than twenty
thousand (20,000) barrels of beer in a calendar year, own a
portion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant located in that
stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
IC 7.1-3-2-8 Transportation of beer
Sec. 8. Transportation of Beer. The transportation of beer to a
county within this state shall be only in barrel or keg containers, or
in bottles, or in other containers permissible under the rules and
regulations of the commission. A brewer may ship beer to points
outside this state in any convenient container. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-9 Out-of-state brewer; use of beer wholesalers
Sec. 9. An out-of-state brewer holding either a primary source of
supply permit or an out-of-state brewer's permit may:
(1) appoint a beer wholesaler to perform the services described
in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and
(2) provide a fee to a beer wholesaler who performs the services
described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2). As added by P.L.72-1997, SEC.1.
IC 7.1-3-2-1 Application
Sec. 1. Application. The commission may issue a brewer's permit
to a person who desires to commercially manufacture beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-2 Persons eligible for permits
Sec. 2. (a) Except as provided in subsection (b), the commission
may issue a brewer's permit only to:
(1) an individual;
(2) a partnership, all the partners of which are bona fide
residents of Indiana;
(3) a limited liability company, all the members of which are
bona fide residents of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana and having authority under its charter to manufacture or
sell beer.
(b) The commission may issue a brewer's permit to a brewer for
a brewery that manufactures not more than twenty thousand (20,000)
barrels of beer in a calendar year to:
(1) an individual;
(2) a partnership organized and existing under the laws of
Indiana;
(3) a limited liability company organized and existing under the
laws of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,
SEC.3; P.L.72-2004, SEC.5.
IC 7.1-3-2-3 Preference for existing permittees
Sec. 3. Preference for Existing Permittees. A holder of a brewer's
permit shall be entitled to preference in the issuance of a brewer's
permit over a new applicant for that permit and the existing permittee
shall not be refused the permit except for good cause after hearing. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-4 Out-of-state brewer; qualifications
Sec. 4. A brewer or other person located outside Indiana who is
desirous of selling beer or flavored malt beverage to an Indiana
permittee for importation into and resale in Indiana, in order to
qualify under this title, shall file with the commission a surety bond
in a penal sum equal to its average monthly excise tax liability for the
previous year, payable to the state of Indiana and conditioned on the
principal's faithful performance and discharge in its agreement with
the commission as provided in section 5 of this chapter. The bond
and agreement, unless suspended or revoked, shall be renewable
annually. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.2; P.L.72-1996, SEC.2.
IC 7.1-3-2-5 Out-of-state brewer; agreement
Sec. 5. There shall accompany the bond required by section 4 of
this chapter an agreement by the applicant to:
(1) pay to the state the taxes and fees levied by the state for
which the applicant is liable on beer shipped or transported into
Indiana;
(2) furnish reports required by the commission of the sales of
beer and flavored malt beverage by the principal to an Indiana
permittee; and
(3) consent to an examination of the principal's records
pertaining to sales to an Indiana permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.3; P.L.72-1996, SEC.3.
IC 7.1-3-2-6 Cessation of manufacturing; revocation of permit
Sec. 6. Cessation of Manufacturing: Revocation of Permit. The
commission may revoke the permit of a brewer if the brewer does
not, in good faith, begin to manufacture beer within six (6) months
after the issuance of the permit, or if he suspends manufacturing of
beer for six (6) consecutive months, without the consent and
approval of the commission. The revocation shall be affected in
accordance with the rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-7 Scope of permit
Sec. 7. The holder of a brewer's permit or an out-of-state brewer
holding either a primary source of supply permit or an out-of-state
brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than twenty
thousand (20,000) barrels of beer in a calendar year, do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant established under
clause (B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view
both premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on
the premises. Brewers permitted to sell beer by the glass
under this clause must furnish the minimum food
requirements prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permit
premises of the brewer or at the residence of the consumer.
The delivery to a consumer may be made only in a quantity
at any one (1) time of not more than one-half (1/2) barrel,
but the beer may be contained in bottles or other permissible
containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause only at the address for
which the brewer's permit was issued under this chapter.
(6) If the brewer's brewery manufactures more than twenty
thousand (20,000) barrels of beer in a calendar year, own a
portion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant located in that
stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
IC 7.1-3-2-8 Transportation of beer
Sec. 8. Transportation of Beer. The transportation of beer to a
county within this state shall be only in barrel or keg containers, or
in bottles, or in other containers permissible under the rules and
regulations of the commission. A brewer may ship beer to points
outside this state in any convenient container. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-9 Out-of-state brewer; use of beer wholesalers
Sec. 9. An out-of-state brewer holding either a primary source of
supply permit or an out-of-state brewer's permit may:
(1) appoint a beer wholesaler to perform the services described
in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and
(2) provide a fee to a beer wholesaler who performs the services
described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2). As added by P.L.72-1997, SEC.1.
IC 7.1-3-2-1 Application
Sec. 1. Application. The commission may issue a brewer's permit
to a person who desires to commercially manufacture beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-2 Persons eligible for permits
Sec. 2. (a) Except as provided in subsection (b), the commission
may issue a brewer's permit only to:
(1) an individual;
(2) a partnership, all the partners of which are bona fide
residents of Indiana;
(3) a limited liability company, all the members of which are
bona fide residents of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana and having authority under its charter to manufacture or
sell beer.
(b) The commission may issue a brewer's permit to a brewer for
a brewery that manufactures not more than twenty thousand (20,000)
barrels of beer in a calendar year to:
(1) an individual;
(2) a partnership organized and existing under the laws of
Indiana;
(3) a limited liability company organized and existing under the
laws of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,
SEC.3; P.L.72-2004, SEC.5.
IC 7.1-3-2-3 Preference for existing permittees
Sec. 3. Preference for Existing Permittees. A holder of a brewer's
permit shall be entitled to preference in the issuance of a brewer's
permit over a new applicant for that permit and the existing permittee
shall not be refused the permit except for good cause after hearing. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-4 Out-of-state brewer; qualifications
Sec. 4. A brewer or other person located outside Indiana who is
desirous of selling beer or flavored malt beverage to an Indiana
permittee for importation into and resale in Indiana, in order to
qualify under this title, shall file with the commission a surety bond
in a penal sum equal to its average monthly excise tax liability for the
previous year, payable to the state of Indiana and conditioned on the
principal's faithful performance and discharge in its agreement with
the commission as provided in section 5 of this chapter. The bond
and agreement, unless suspended or revoked, shall be renewable
annually. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.2; P.L.72-1996, SEC.2.
IC 7.1-3-2-5 Out-of-state brewer; agreement
Sec. 5. There shall accompany the bond required by section 4 of
this chapter an agreement by the applicant to:
(1) pay to the state the taxes and fees levied by the state for
which the applicant is liable on beer shipped or transported into
Indiana;
(2) furnish reports required by the commission of the sales of
beer and flavored malt beverage by the principal to an Indiana
permittee; and
(3) consent to an examination of the principal's records
pertaining to sales to an Indiana permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.3; P.L.72-1996, SEC.3.
IC 7.1-3-2-6 Cessation of manufacturing; revocation of permit
Sec. 6. Cessation of Manufacturing: Revocation of Permit. The
commission may revoke the permit of a brewer if the brewer does
not, in good faith, begin to manufacture beer within six (6) months
after the issuance of the permit, or if he suspends manufacturing of
beer for six (6) consecutive months, without the consent and
approval of the commission. The revocation shall be affected in
accordance with the rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-7 Scope of permit
Sec. 7. The holder of a brewer's permit or an out-of-state brewer
holding either a primary source of supply permit or an out-of-state
brewer's permit may do the following:
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's
permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than twenty
thousand (20,000) barrels of beer in a calendar year, do the
following:
(A) Sell and deliver beer to a person holding a retailer or a
dealer permit under this title.
(B) Be the proprietor of a restaurant.
(C) Hold a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant established under
clause (B).
(D) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view
both premises.
(F) Install a doorway or other opening between the brewery
and an adjacent restaurant that provides the public and the
permittee with access to both premises.
(G) Sell the brewery's beer by the glass for consumption on
the premises. Brewers permitted to sell beer by the glass
under this clause must furnish the minimum food
requirements prescribed by the commission.
(H) Sell and deliver beer to a consumer at the permit
premises of the brewer or at the residence of the consumer.
The delivery to a consumer may be made only in a quantity
at any one (1) time of not more than one-half (1/2) barrel,
but the beer may be contained in bottles or other permissible
containers.
(I) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause only at the address for
which the brewer's permit was issued under this chapter.
(6) If the brewer's brewery manufactures more than twenty
thousand (20,000) barrels of beer in a calendar year, own a
portion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) Own a portion of the corporate stock of a sports corporation
that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or
a liquor retailer's permit for a restaurant located in that
stadium.
(9) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
IC 7.1-3-2-8 Transportation of beer
Sec. 8. Transportation of Beer. The transportation of beer to a
county within this state shall be only in barrel or keg containers, or
in bottles, or in other containers permissible under the rules and
regulations of the commission. A brewer may ship beer to points
outside this state in any convenient container. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-2-9 Out-of-state brewer; use of beer wholesalers
Sec. 9. An out-of-state brewer holding either a primary source of
supply permit or an out-of-state brewer's permit may:
(1) appoint a beer wholesaler to perform the services described
in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and
(2) provide a fee to a beer wholesaler who performs the services
described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2). As added by P.L.72-1997, SEC.1.
