CHAPTER 10. LIQUOR DEALERS' PERMITS
IC 7.1-3-10
Chapter 10. Liquor Dealers' Permits
IC 7.1-3-10-1
Application
Sec. 1. Application. The commission may issue a liquor dealer's
permit to a person who desires to sell liquor to customers for
consumption off the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-2
Drug stores
Sec. 2. Drug Stores. The commission may issue a liquor dealer's
permit to the proprietor of a drug store who holds a license issued by
the state board of pharmacy. An applicant for a liquor dealer's permit
for a drug store shall not be disqualified under IC 1971,
7.1-3-4-2(m).
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-3
Drug store outside corporate limits
Sec. 3. The commission may issue a liquor dealer's permit to a
drugstore situated outside the corporate limits of a city or town if the
proprietor of the drugstore holds a license issued by the state board
of pharmacy. The permit authorized by this section shall be issued in
the same manner, and subject to the same restrictions, as that which
is provided for in the issuance of a liquor dealer's permit to a
drugstore situated inside the corporate limits of a city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,
SEC.8.
IC 7.1-3-10-4
Package liquor stores
Sec. 4. Package Liquor Stores. The commission may issue a liquor
dealer's permit to the proprietor of a package liquor store. An
applicant for a liquor dealer's permit for a package liquor store shall
not be disqualified under IC 1971, 7.1-3-4-2(m).
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-5
Package liquor stores; permissible commodities
Sec. 5. A package liquor store's exclusive business shall be the
selling of the following commodities only:
(1) Liquor in its original package.
(2) Beer in permissible containers, if the permittee has the
proper permit.
(3) Wine in its original package.
(4) Bar supplies used in the preparation for consumption of
alcoholic beverages and in their consumption.
(5) Tobacco products.
(6) Uncooled and uniced charged water, carbonated soda,
ginger ale, mineral water, grenadine, and flavoring extracts.
(7) Printed materials.
(8) Lottery tickets as provided in IC 4-30-9.
(9) Cooled or uncooled nonalcoholic malt beverages.
(10) Flavored malt beverage in its original package.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,
SEC.9; P.L.341-1989(ss), SEC.11; P.L.52-1992, SEC.5;
P.L.72-1996, SEC.7.
IC 7.1-3-10-6
Sale of beer; application and scope
Sec. 6. Sale of Beer: Application and Scope. The commission
may, upon proper application and the payment of the required license
fee, issue a beer dealer's permit to the holder of a liquor dealer's
permit. However, applications for both of the permits may be made
at the same time. The provisions of IC 1971, 7.1-3-5, shall apply to
the issuance and enjoyment of a beer dealer's permit issued under the
provisions of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-7
Scope of permit
Sec. 7. (a) The holder of a liquor dealer's permit shall be entitled
to purchase liquor only from a permittee entitled to sell to a liquor
dealer under this title.
(b) A liquor dealer shall be entitled to possess liquor and sell it at
retail in its original package to a customer only for consumption off
the licensed premises.
(c) A liquor dealer may deliver liquor only in permissible
containers to a customer's residence or office in a quantity that does
not exceed twelve (12) quarts at any one (1) time. However, a liquor
dealer who is licensed under IC 7.1-3-10-4 may deliver liquor in
permissible containers to a customer's residence, office, or
designated location. This delivery may only be performed by the
permit holder or an employee who holds an employee permit. The
permit holder shall maintain a written record of each delivery for at
least one (1) year that shows the customer's name, location of
delivery, and quantity sold.
(d) A liquor dealer may not sell or deliver alcoholic beverages or
any other item through a window in the licensed premises to a patron
who is outside the licensed premises. However, a liquor dealer that
is a drug store may sell prescription drugs and health and beauty aids
through a window in the licensed premises to a patron who is outside
the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.6; P.L.65-1990, SEC.2; P.L.72-1996, SEC.8; P.L.204-2001,
SEC.28.
IC 7.1-3-10-8
Package liquor store; premises
Sec. 8. Package Liquor Store: Premises. A package liquor store
shall be conducted wholly apart from another business upon premises
wholly separated from another room or store in which another
business is conducted.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.58, SEC.1.)
IC 7.1-3-10-9
Cease and desist order
Sec. 9. Cease and Desist Order. The commission shall request the
holder of a liquor dealer's permit for a package liquor store to cease
and desist the sale of a commodity which, in the judgment of the
commission, is not a commodity which may be sold by him under the
provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-10
Failure to cease; offense
Sec. 10. Failure to Cease. The holder of a liquor dealer's permit
for a package liquor store who recklessly fails to cease the sale of a
certain commodity after this action has been ordered by the
commission commits a Class B misdemeanor.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.701.
IC 7.1-3-10-11
Appeal from order
Sec. 11. Appeal from Order. The holder of a liquor dealer's permit
for a package liquor store shall have the same right of appeal from a
cease and desist order to sell a certain commodity issued by the
commission that is available for the appeal of any other order of the
commission under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-10-12
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-3-10-13
Sampling alcoholic beverages on package liquor store premises
Sec. 13. (a) A liquor dealer permittee who is a proprietor of a
package liquor store may allow customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted:
(1) only on the package liquor store permit premises; and
(2) only during the store's regular business hours.
(c) No charge may be made for the samples provided to the
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a proprietor
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A proprietor may allow a customer to sample not more than
a combined total of two (2) liquor, liqueur, or cordial samples
per day.
(2) Sample size of liqueurs or cordials may not exceed one-half
(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4)
ounce.
(f) A sample size of beer, flavored malt beverage, or hard cider
may not exceed six (6) ounces.
As added by P.L.58-1984, SEC.4. Amended by P.L.52-1992, SEC.6;
P.L.106-1995, SEC.9; P.L.12-1999, SEC.2; P.L.72-2004, SEC.9;
P.L.94-2008, SEC.33.