IC 7.1-3-26
Chapter 26. Direct Wine Seller's Permit
IC 7.1-3-26-1 Applicability
Sec. 1. This chapter does not apply to the serving or selling of:
(1) wine in accordance with IC 7.1-3-12; or
(2) brandy in accordance with IC 7.1-3-7.5. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-2 "Applicant"
Sec. 2. As used in this chapter, "applicant" means a person that
applies to the commission for a direct wine seller's permit. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-3 "Consumer"
Sec. 3. As used in this chapter, "consumer" means an individual
with an Indiana address who purchases wine from a seller. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-4 "Seller"
Sec. 4. As used in this chapter, "seller" means the holder of a
direct wine seller's permit issued under this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-5 Direct wine seller permit required for direct sales to consumers
Sec. 5. A person located within Indiana or outside Indiana that
wants to sell and ship wine directly to a consumer must be the holder
of a direct wine seller's permit and comply with this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-6 Consumer qualifications
Sec. 6. A seller may sell and ship wine directly only to a consumer
who meets all of the following requirements:
(1) The consumer is at least twenty-one (21) years of age.
(2) The consumer has an Indiana address.
(3) The consumer intends to use wine purchased under this
chapter for personal use only and not for resale or other
commercial purposes.
(4) Except as provided in subdivision (5), the consumer has
provided to the seller in one (1) initial face-to-face transaction
at the seller's place of business appearing on the seller's
application for a direct wine seller's permit or any locations
authorized by IC 7.1-3-12-5 all the following:
(A) Name, telephone number, Indiana address, or consumer's
Indiana business address.
(B) Proof of age by a state issued driver's license or state
issued identification card showing the consumer to be at
least twenty-one (21) years of age.
(C) A verified statement, made under penalties for perjury,
that the consumer satisfies the requirements of subdivisions
(1) through (3).
(5) If:
(A) before April 1, 2006, the consumer has engaged in a
transaction with a seller in which the seller sold wine to the
consumer and, after April 1, 2006, but before December 31,
2006, the consumer provides the seller with a verified
statement, made under penalties for perjury, that the
consumer is at least twenty-one (21) years of age; and
(B) the seller provides the name and Indiana address of the
consumer to the commission before January 15, 2007;
the seller may sell directly to the consumer in accordance with
this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-7 Qualifications of applicant for direct wine seller permit
Sec. 7. (a) The commission may issue a direct wine seller's permit
to an applicant who meets all of the following requirements:
(1) The applicant is domiciled and has its principal place of
business in the United States.
(2) The applicant is engaged in the manufacture of wine.
(3) The applicant holds and acts within the scope of authority
of an alcoholic beverage license or permit to manufacture wine
that is required:
(A) in Indiana or the state where the applicant is domiciled;
and
(B) by the Tax and Trade Bureau of the United States
Department of the Treasury.
(4) The applicant qualifies with the secretary of state to do
business in Indiana and consents to the personal jurisdiction of
the commission and the courts of Indiana.
(5) The applicant files a surety bond with the commission in
accordance with IC 7.1-3-1, or deposits cash in an escrow
account with the commission, in the amount required of an
applicant for a vintner's permit under IC 7.1-3-1-7.
(6) The applicant:
(A) does not hold a permit or license to wholesale alcoholic
beverages issued by any authority; and
(B) is not owned in whole or in part or controlled by a
person who holds a permit or license to wholesale alcoholic
beverages.
(7) The applicant sells not more than one million (1,000,000)
gallons of wine per year in Indiana, excluding wine shipped to
an out-of-state address.
(8) The applicant:
(A) has not distributed wine through a wine wholesaler in
Indiana within the one hundred twenty (120) days
immediately preceding the applicant's application for a direct
wine seller's permit and does not distribute wine through a
wine wholesaler in Indiana during the term of the direct wine
seller's permit; or
(B) has operated as a farm winery under IC 7.1-3-12.
(9) The applicant is not the parent, subsidiary, or affiliate of
another entity manufacturing any alcoholic beverage.
(10) The applicant completes documentation regarding the
applicant's application required by the commission.
(b) The commission may issue a direct wine seller's permit to an
applicant who:
(1) meets the requirements under subsection (a); and
(2) holds a permit issued under this title that allows the sale of
an alcoholic beverage at retail. As added by P.L.165-2006, SEC.34. Amended by P.L.54-2008,
SEC.3.
IC 7.1-3-26-8 Permit expiration, renewal, and fee
Sec. 8. (a) The term of a direct wine seller's permit begins:
(1) the date approved by the commission for an initial
application; and
(2) on July 1 to renew a permit;
and expires on June 30 of the following year. A direct wine seller's
permit may be renewed in accordance with rules adopted by the
commission.
(b) The annual direct wine seller's permit fee is one hundred
dollars ($100). As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-9 Direct wine seller; authorized activities
Sec. 9. A direct wine seller's permit entitles a seller to sell and
ship wine to a consumer by receiving and filling orders that the
consumer transmits by electronic or other means if all of the
following conditions are satisfied before the sale or by the times set
forth as follows:
(1) The consumer provides the direct wine seller with the
following:
(A) The verification required by section 6(4) of this chapter
in an initial face-to-face transaction.
(B) Notwithstanding clause (A), if the consumer provided
the information specified in section 6(5)(A) of this chapter
after April 1, 2006, but before December 31, 2006, and the
seller provides the name and Indiana address of the
consumer under section 6(5)(B) of this chapter to the
commission before January 15, 2007, the consumer is not
required to comply with section 6(4) of this chapter.
(2) The direct wine seller meets the following requirements:
(A) Maintains for two (2) years all records of wine sales
made under this chapter. If the records are requested by the
commission, a direct wine seller shall:
(i) make the records available to the commission during
the direct wine seller's regular business hours; or
(ii) at the direction of the commission, deliver copies to
the commission.
(B) Stamps, prints, or labels on the outside of the shipping
container the following: "CONTAINS WINE. SIGNATURE
OF PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY.".
(C) Causes the wine to be delivered by the holder of a valid
carrier's alcoholic beverage permit under IC 7.1-3-18.
(D) Directs the carrier to verify that the individual personally
receiving the wine shipment is at least twenty-one (21) years
of age.
(E) Does not ship to any consumer more than two hundred
sixteen (216) liters of wine in any calendar year.
(F) Remits to the department of state revenue monthly all
Indiana excise, sales, and use taxes on the shipments made
into Indiana by the direct wine seller during the previous
month. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-10 Direct sales of brandy prohibited
Sec. 10. It is unlawful for the holder of a farm winery brandy
distiller's permit to ship or cause to be shipped brandy produced
under this title to a consumer. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-11 Consumer information
Sec. 11. A consumer shall provide a direct wine seller with
information the direct wine seller reasonably requires, including the
consumer's name, Indiana address, telephone number, and other
information required by the commission. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-12 Annual limit on seller's direct wine sales in Indiana
Sec. 12. During a permit year, a direct wine seller may not direct
ship in Indiana more than twenty-seven thousand (27,000) liters of
wine. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-13 Delivery to consumer or individual at least 21 years of age
Sec. 13. A wine shipment purchased under this chapter must be
delivered to:
(1) the consumer, who shall take personal delivery of the
shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address displayed on the shipping container; or
(2) an individual who is at least twenty-one (21) years of age,
who shall take personal delivery of the shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address designated by the consumer and displayed on the
shipping container. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-14 Annual limit on wine received by a consumer
Sec. 14. A consumer may not receive more than two hundred
sixteen (216) liters of wine in total from one (1) or more direct wine
sellers in a calendar year. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-15 Violations; penalties
Sec. 15. (a) Except as provided in subsections (b) and (c), a seller
who violates this chapter commits a Class A infraction.
(b) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has one (1) prior unrelated conviction or judgment for an
infraction under this section for an act or omission that occurred
not more than ten (10) years before the act or omission that is
the basis for the most recent conviction or judgment for an
infraction;
commits a Class A misdemeanor.
(c) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has at least two (2) prior unrelated convictions or judgments
for infractions under this section for acts or omissions that
occurred not more than ten (10) years before the act or omission
that is the basis for the most recent conviction or judgment for
an infraction;
commits a Class D felony.
(d) A person who violates section 6(5) of this chapter commits a
Class A infraction. The commission may consider an infraction
committed under this subsection in its determination of whether to
renew a seller's permit. As added by P.L.165-2006, SEC.34. IC 7.1-3-26-16 Direct wine sellers; defense
Sec. 16. If a direct wine seller is charged under section 15 of this
chapter with selling to a consumer who does not meet the
requirements of section 6 of this chapter, it is a defense to the charge
if the direct wine seller obtained from the consumer the verified
statement required under section 6(4)(C) or 6(5)(A) of this chapter
and produces a copy of the verified statement. As added by P.L.165-2006, SEC.34. Amended by P.L.1-2007,
SEC.68.
IC 7.1-3-26
Chapter 26. Direct Wine Seller's Permit
IC 7.1-3-26-1 Applicability
Sec. 1. This chapter does not apply to the serving or selling of:
(1) wine in accordance with IC 7.1-3-12; or
(2) brandy in accordance with IC 7.1-3-7.5. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-2 "Applicant"
Sec. 2. As used in this chapter, "applicant" means a person that
applies to the commission for a direct wine seller's permit. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-3 "Consumer"
Sec. 3. As used in this chapter, "consumer" means an individual
with an Indiana address who purchases wine from a seller. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-4 "Seller"
Sec. 4. As used in this chapter, "seller" means the holder of a
direct wine seller's permit issued under this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-5 Direct wine seller permit required for direct sales to consumers
Sec. 5. A person located within Indiana or outside Indiana that
wants to sell and ship wine directly to a consumer must be the holder
of a direct wine seller's permit and comply with this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-6 Consumer qualifications
Sec. 6. A seller may sell and ship wine directly only to a consumer
who meets all of the following requirements:
(1) The consumer is at least twenty-one (21) years of age.
(2) The consumer has an Indiana address.
(3) The consumer intends to use wine purchased under this
chapter for personal use only and not for resale or other
commercial purposes.
(4) Except as provided in subdivision (5), the consumer has
provided to the seller in one (1) initial face-to-face transaction
at the seller's place of business appearing on the seller's
application for a direct wine seller's permit or any locations
authorized by IC 7.1-3-12-5 all the following:
(A) Name, telephone number, Indiana address, or consumer's
Indiana business address.
(B) Proof of age by a state issued driver's license or state
issued identification card showing the consumer to be at
least twenty-one (21) years of age.
(C) A verified statement, made under penalties for perjury,
that the consumer satisfies the requirements of subdivisions
(1) through (3).
(5) If:
(A) before April 1, 2006, the consumer has engaged in a
transaction with a seller in which the seller sold wine to the
consumer and, after April 1, 2006, but before December 31,
2006, the consumer provides the seller with a verified
statement, made under penalties for perjury, that the
consumer is at least twenty-one (21) years of age; and
(B) the seller provides the name and Indiana address of the
consumer to the commission before January 15, 2007;
the seller may sell directly to the consumer in accordance with
this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-7 Qualifications of applicant for direct wine seller permit
Sec. 7. (a) The commission may issue a direct wine seller's permit
to an applicant who meets all of the following requirements:
(1) The applicant is domiciled and has its principal place of
business in the United States.
(2) The applicant is engaged in the manufacture of wine.
(3) The applicant holds and acts within the scope of authority
of an alcoholic beverage license or permit to manufacture wine
that is required:
(A) in Indiana or the state where the applicant is domiciled;
and
(B) by the Tax and Trade Bureau of the United States
Department of the Treasury.
(4) The applicant qualifies with the secretary of state to do
business in Indiana and consents to the personal jurisdiction of
the commission and the courts of Indiana.
(5) The applicant files a surety bond with the commission in
accordance with IC 7.1-3-1, or deposits cash in an escrow
account with the commission, in the amount required of an
applicant for a vintner's permit under IC 7.1-3-1-7.
(6) The applicant:
(A) does not hold a permit or license to wholesale alcoholic
beverages issued by any authority; and
(B) is not owned in whole or in part or controlled by a
person who holds a permit or license to wholesale alcoholic
beverages.
(7) The applicant sells not more than one million (1,000,000)
gallons of wine per year in Indiana, excluding wine shipped to
an out-of-state address.
(8) The applicant:
(A) has not distributed wine through a wine wholesaler in
Indiana within the one hundred twenty (120) days
immediately preceding the applicant's application for a direct
wine seller's permit and does not distribute wine through a
wine wholesaler in Indiana during the term of the direct wine
seller's permit; or
(B) has operated as a farm winery under IC 7.1-3-12.
(9) The applicant is not the parent, subsidiary, or affiliate of
another entity manufacturing any alcoholic beverage.
(10) The applicant completes documentation regarding the
applicant's application required by the commission.
(b) The commission may issue a direct wine seller's permit to an
applicant who:
(1) meets the requirements under subsection (a); and
(2) holds a permit issued under this title that allows the sale of
an alcoholic beverage at retail. As added by P.L.165-2006, SEC.34. Amended by P.L.54-2008,
SEC.3.
IC 7.1-3-26-8 Permit expiration, renewal, and fee
Sec. 8. (a) The term of a direct wine seller's permit begins:
(1) the date approved by the commission for an initial
application; and
(2) on July 1 to renew a permit;
and expires on June 30 of the following year. A direct wine seller's
permit may be renewed in accordance with rules adopted by the
commission.
(b) The annual direct wine seller's permit fee is one hundred
dollars ($100). As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-9 Direct wine seller; authorized activities
Sec. 9. A direct wine seller's permit entitles a seller to sell and
ship wine to a consumer by receiving and filling orders that the
consumer transmits by electronic or other means if all of the
following conditions are satisfied before the sale or by the times set
forth as follows:
(1) The consumer provides the direct wine seller with the
following:
(A) The verification required by section 6(4) of this chapter
in an initial face-to-face transaction.
(B) Notwithstanding clause (A), if the consumer provided
the information specified in section 6(5)(A) of this chapter
after April 1, 2006, but before December 31, 2006, and the
seller provides the name and Indiana address of the
consumer under section 6(5)(B) of this chapter to the
commission before January 15, 2007, the consumer is not
required to comply with section 6(4) of this chapter.
(2) The direct wine seller meets the following requirements:
(A) Maintains for two (2) years all records of wine sales
made under this chapter. If the records are requested by the
commission, a direct wine seller shall:
(i) make the records available to the commission during
the direct wine seller's regular business hours; or
(ii) at the direction of the commission, deliver copies to
the commission.
(B) Stamps, prints, or labels on the outside of the shipping
container the following: "CONTAINS WINE. SIGNATURE
OF PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY.".
(C) Causes the wine to be delivered by the holder of a valid
carrier's alcoholic beverage permit under IC 7.1-3-18.
(D) Directs the carrier to verify that the individual personally
receiving the wine shipment is at least twenty-one (21) years
of age.
(E) Does not ship to any consumer more than two hundred
sixteen (216) liters of wine in any calendar year.
(F) Remits to the department of state revenue monthly all
Indiana excise, sales, and use taxes on the shipments made
into Indiana by the direct wine seller during the previous
month. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-10 Direct sales of brandy prohibited
Sec. 10. It is unlawful for the holder of a farm winery brandy
distiller's permit to ship or cause to be shipped brandy produced
under this title to a consumer. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-11 Consumer information
Sec. 11. A consumer shall provide a direct wine seller with
information the direct wine seller reasonably requires, including the
consumer's name, Indiana address, telephone number, and other
information required by the commission. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-12 Annual limit on seller's direct wine sales in Indiana
Sec. 12. During a permit year, a direct wine seller may not direct
ship in Indiana more than twenty-seven thousand (27,000) liters of
wine. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-13 Delivery to consumer or individual at least 21 years of age
Sec. 13. A wine shipment purchased under this chapter must be
delivered to:
(1) the consumer, who shall take personal delivery of the
shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address displayed on the shipping container; or
(2) an individual who is at least twenty-one (21) years of age,
who shall take personal delivery of the shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address designated by the consumer and displayed on the
shipping container. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-14 Annual limit on wine received by a consumer
Sec. 14. A consumer may not receive more than two hundred
sixteen (216) liters of wine in total from one (1) or more direct wine
sellers in a calendar year. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-15 Violations; penalties
Sec. 15. (a) Except as provided in subsections (b) and (c), a seller
who violates this chapter commits a Class A infraction.
(b) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has one (1) prior unrelated conviction or judgment for an
infraction under this section for an act or omission that occurred
not more than ten (10) years before the act or omission that is
the basis for the most recent conviction or judgment for an
infraction;
commits a Class A misdemeanor.
(c) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has at least two (2) prior unrelated convictions or judgments
for infractions under this section for acts or omissions that
occurred not more than ten (10) years before the act or omission
that is the basis for the most recent conviction or judgment for
an infraction;
commits a Class D felony.
(d) A person who violates section 6(5) of this chapter commits a
Class A infraction. The commission may consider an infraction
committed under this subsection in its determination of whether to
renew a seller's permit. As added by P.L.165-2006, SEC.34. IC 7.1-3-26-16 Direct wine sellers; defense
Sec. 16. If a direct wine seller is charged under section 15 of this
chapter with selling to a consumer who does not meet the
requirements of section 6 of this chapter, it is a defense to the charge
if the direct wine seller obtained from the consumer the verified
statement required under section 6(4)(C) or 6(5)(A) of this chapter
and produces a copy of the verified statement. As added by P.L.165-2006, SEC.34. Amended by P.L.1-2007,
SEC.68.
IC 7.1-3-26
Chapter 26. Direct Wine Seller's Permit
IC 7.1-3-26-1 Applicability
Sec. 1. This chapter does not apply to the serving or selling of:
(1) wine in accordance with IC 7.1-3-12; or
(2) brandy in accordance with IC 7.1-3-7.5. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-2 "Applicant"
Sec. 2. As used in this chapter, "applicant" means a person that
applies to the commission for a direct wine seller's permit. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-3 "Consumer"
Sec. 3. As used in this chapter, "consumer" means an individual
with an Indiana address who purchases wine from a seller. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-4 "Seller"
Sec. 4. As used in this chapter, "seller" means the holder of a
direct wine seller's permit issued under this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-5 Direct wine seller permit required for direct sales to consumers
Sec. 5. A person located within Indiana or outside Indiana that
wants to sell and ship wine directly to a consumer must be the holder
of a direct wine seller's permit and comply with this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-6 Consumer qualifications
Sec. 6. A seller may sell and ship wine directly only to a consumer
who meets all of the following requirements:
(1) The consumer is at least twenty-one (21) years of age.
(2) The consumer has an Indiana address.
(3) The consumer intends to use wine purchased under this
chapter for personal use only and not for resale or other
commercial purposes.
(4) Except as provided in subdivision (5), the consumer has
provided to the seller in one (1) initial face-to-face transaction
at the seller's place of business appearing on the seller's
application for a direct wine seller's permit or any locations
authorized by IC 7.1-3-12-5 all the following:
(A) Name, telephone number, Indiana address, or consumer's
Indiana business address.
(B) Proof of age by a state issued driver's license or state
issued identification card showing the consumer to be at
least twenty-one (21) years of age.
(C) A verified statement, made under penalties for perjury,
that the consumer satisfies the requirements of subdivisions
(1) through (3).
(5) If:
(A) before April 1, 2006, the consumer has engaged in a
transaction with a seller in which the seller sold wine to the
consumer and, after April 1, 2006, but before December 31,
2006, the consumer provides the seller with a verified
statement, made under penalties for perjury, that the
consumer is at least twenty-one (21) years of age; and
(B) the seller provides the name and Indiana address of the
consumer to the commission before January 15, 2007;
the seller may sell directly to the consumer in accordance with
this chapter. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-7 Qualifications of applicant for direct wine seller permit
Sec. 7. (a) The commission may issue a direct wine seller's permit
to an applicant who meets all of the following requirements:
(1) The applicant is domiciled and has its principal place of
business in the United States.
(2) The applicant is engaged in the manufacture of wine.
(3) The applicant holds and acts within the scope of authority
of an alcoholic beverage license or permit to manufacture wine
that is required:
(A) in Indiana or the state where the applicant is domiciled;
and
(B) by the Tax and Trade Bureau of the United States
Department of the Treasury.
(4) The applicant qualifies with the secretary of state to do
business in Indiana and consents to the personal jurisdiction of
the commission and the courts of Indiana.
(5) The applicant files a surety bond with the commission in
accordance with IC 7.1-3-1, or deposits cash in an escrow
account with the commission, in the amount required of an
applicant for a vintner's permit under IC 7.1-3-1-7.
(6) The applicant:
(A) does not hold a permit or license to wholesale alcoholic
beverages issued by any authority; and
(B) is not owned in whole or in part or controlled by a
person who holds a permit or license to wholesale alcoholic
beverages.
(7) The applicant sells not more than one million (1,000,000)
gallons of wine per year in Indiana, excluding wine shipped to
an out-of-state address.
(8) The applicant:
(A) has not distributed wine through a wine wholesaler in
Indiana within the one hundred twenty (120) days
immediately preceding the applicant's application for a direct
wine seller's permit and does not distribute wine through a
wine wholesaler in Indiana during the term of the direct wine
seller's permit; or
(B) has operated as a farm winery under IC 7.1-3-12.
(9) The applicant is not the parent, subsidiary, or affiliate of
another entity manufacturing any alcoholic beverage.
(10) The applicant completes documentation regarding the
applicant's application required by the commission.
(b) The commission may issue a direct wine seller's permit to an
applicant who:
(1) meets the requirements under subsection (a); and
(2) holds a permit issued under this title that allows the sale of
an alcoholic beverage at retail. As added by P.L.165-2006, SEC.34. Amended by P.L.54-2008,
SEC.3.
IC 7.1-3-26-8 Permit expiration, renewal, and fee
Sec. 8. (a) The term of a direct wine seller's permit begins:
(1) the date approved by the commission for an initial
application; and
(2) on July 1 to renew a permit;
and expires on June 30 of the following year. A direct wine seller's
permit may be renewed in accordance with rules adopted by the
commission.
(b) The annual direct wine seller's permit fee is one hundred
dollars ($100). As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-9 Direct wine seller; authorized activities
Sec. 9. A direct wine seller's permit entitles a seller to sell and
ship wine to a consumer by receiving and filling orders that the
consumer transmits by electronic or other means if all of the
following conditions are satisfied before the sale or by the times set
forth as follows:
(1) The consumer provides the direct wine seller with the
following:
(A) The verification required by section 6(4) of this chapter
in an initial face-to-face transaction.
(B) Notwithstanding clause (A), if the consumer provided
the information specified in section 6(5)(A) of this chapter
after April 1, 2006, but before December 31, 2006, and the
seller provides the name and Indiana address of the
consumer under section 6(5)(B) of this chapter to the
commission before January 15, 2007, the consumer is not
required to comply with section 6(4) of this chapter.
(2) The direct wine seller meets the following requirements:
(A) Maintains for two (2) years all records of wine sales
made under this chapter. If the records are requested by the
commission, a direct wine seller shall:
(i) make the records available to the commission during
the direct wine seller's regular business hours; or
(ii) at the direction of the commission, deliver copies to
the commission.
(B) Stamps, prints, or labels on the outside of the shipping
container the following: "CONTAINS WINE. SIGNATURE
OF PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY.".
(C) Causes the wine to be delivered by the holder of a valid
carrier's alcoholic beverage permit under IC 7.1-3-18.
(D) Directs the carrier to verify that the individual personally
receiving the wine shipment is at least twenty-one (21) years
of age.
(E) Does not ship to any consumer more than two hundred
sixteen (216) liters of wine in any calendar year.
(F) Remits to the department of state revenue monthly all
Indiana excise, sales, and use taxes on the shipments made
into Indiana by the direct wine seller during the previous
month. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-10 Direct sales of brandy prohibited
Sec. 10. It is unlawful for the holder of a farm winery brandy
distiller's permit to ship or cause to be shipped brandy produced
under this title to a consumer. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-11 Consumer information
Sec. 11. A consumer shall provide a direct wine seller with
information the direct wine seller reasonably requires, including the
consumer's name, Indiana address, telephone number, and other
information required by the commission. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-12 Annual limit on seller's direct wine sales in Indiana
Sec. 12. During a permit year, a direct wine seller may not direct
ship in Indiana more than twenty-seven thousand (27,000) liters of
wine. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-13 Delivery to consumer or individual at least 21 years of age
Sec. 13. A wine shipment purchased under this chapter must be
delivered to:
(1) the consumer, who shall take personal delivery of the
shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address displayed on the shipping container; or
(2) an individual who is at least twenty-one (21) years of age,
who shall take personal delivery of the shipment at the:
(A) consumer's residence;
(B) consumer's business address;
(C) carrier's business address; or
(D) address designated by the consumer and displayed on the
shipping container. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-14 Annual limit on wine received by a consumer
Sec. 14. A consumer may not receive more than two hundred
sixteen (216) liters of wine in total from one (1) or more direct wine
sellers in a calendar year. As added by P.L.165-2006, SEC.34.
IC 7.1-3-26-15 Violations; penalties
Sec. 15. (a) Except as provided in subsections (b) and (c), a seller
who violates this chapter commits a Class A infraction.
(b) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has one (1) prior unrelated conviction or judgment for an
infraction under this section for an act or omission that occurred
not more than ten (10) years before the act or omission that is
the basis for the most recent conviction or judgment for an
infraction;
commits a Class A misdemeanor.
(c) Except as provided in subsection (d), a seller who:
(1) knowingly or intentionally violates this chapter; and
(2) has at least two (2) prior unrelated convictions or judgments
for infractions under this section for acts or omissions that
occurred not more than ten (10) years before the act or omission
that is the basis for the most recent conviction or judgment for
an infraction;
commits a Class D felony.
(d) A person who violates section 6(5) of this chapter commits a
Class A infraction. The commission may consider an infraction
committed under this subsection in its determination of whether to
renew a seller's permit. As added by P.L.165-2006, SEC.34. IC 7.1-3-26-16 Direct wine sellers; defense
Sec. 16. If a direct wine seller is charged under section 15 of this
chapter with selling to a consumer who does not meet the
requirements of section 6 of this chapter, it is a defense to the charge
if the direct wine seller obtained from the consumer the verified
statement required under section 6(4)(C) or 6(5)(A) of this chapter
and produces a copy of the verified statement. As added by P.L.165-2006, SEC.34. Amended by P.L.1-2007,
SEC.68.
