CHAPTER 13. WINE WHOLESALERS' AND BOTTLERS' PERMITS
IC 7.1-3-13
Chapter 13. Wine Wholesalers' and Bottlers' Permits
IC 7.1-3-13-1
Wine wholesalers' permit; issuance
Sec. 1. (a) The commission may issue a wine wholesaler's permit
to sell wine, or wine and brandy, at wholesale to a person who:
(1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler's
permit;
(2) holds a liquor wholesaler's permit; or
(3) does not hold an alcoholic beverage wholesaler's permit, but
meets the qualifications to hold either a beer or a liquor
wholesaler's permit.
(b) The holder of a wine wholesaler's permit under subsection
(a)(1) or (a)(2):
(1) is considered the same as a person who holds a wine
wholesaler's permit under subsection (a)(3) for purposes of
conducting activities and operations under the wine wholesaler's
permit; and
(2) may operate the beer or liquor wholesale business
independently of the wine wholesale business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.101-1983,
SEC.1; P.L.112-1987, SEC.7.
IC 7.1-3-13-2
Repealed
(Repealed by P.L.112-1987, SEC.10.)
IC 7.1-3-13-2.5
Wine wholesalers; premises description required; wine storage;
wholesaler business on farm winery or brandy distiller premises;
goods and services provided by farm winery or brandy distiller
Sec. 2.5. (a) All premises to be used by an applicant for a wine
wholesaler's permit must be described in the application for the
permit and in the permit, if the permit is issued. A wine wholesaler
may not keep or store wine at any place other than the premises
described in the wine wholesaler's application and permit. A person
who holds a wine wholesaler's permit and who also holds a beer
wholesaler's permit is not disqualified from using multiple premises
for the storage of wine because the person holds a beer wholesaler's
permit. The holder of a wine wholesaler's permit issued under
IC 7.1-4-4.1-13(c) may enter into an agreement to:
(1) locate the wine wholesaler's business within the licensed
premises of a farm winery or a farm winery brandy distiller; or
(2) use goods and services provided by a farm winery or a farm
winery brandy distiller;
or both.
(b) A direct wine seller under IC 7.1-3-26 is not considered an
affiliate of a wine wholesaler for purposes of IC 7.1-3-26-7(9) for an
agreement under this section.
As added by P.L.85-1985, SEC.8. Amended by P.L.165-2006,
SEC.24.
IC 7.1-3-13-3
Scope of permit; brandy
Sec. 3. (a) The holder of a wine wholesaler's permit may purchase,
import, and transport wine, brandy, or flavored malt beverage from
the primary source of supply. A wine wholesaler may export and
transport wine, brandy, or flavored malt beverage by the bottle,
barrel, cask, or other container, to points outside Indiana. A wine
wholesaler is entitled to sell, furnish, and deliver wine or flavored
malt beverage from inventory that has been located on the
wholesaler's premises before the time of invoicing and delivery to a
wine wholesaler, a wine retailer, a supplemental caterer, a temporary
wine permittee, and a wine dealer, but not at retail. A wine
wholesaler may sell, furnish, and deliver brandy from inventory that
has been located on the wholesaler's premises before the time of
invoicing and delivery, but not at retail, only to a person who holds
a liquor retailer's permit, a supplemental caterer's permit, or a liquor
dealer's permit. A holder of a wine wholesaler's permit may sell wine
to the wine wholesaler's bona fide regular employees.
(b) As used in this section, "brandy" means:
(1) any alcoholic distillate described in 27 CFR 5.22(d) as in
effect on January 1, 1983; or
(2) a beverage product that:
(A) is prepared from a liquid described in subdivision (1);
(B) is classified as a cordial or liqueur as defined in 27 CFR
5.22(h) as in effect on January 1, 1997; and
(C) meets the following requirements:
(i) At least sixty-six and two-thirds percent (66 2/3%) of
the product's alcohol content is composed of a substance
described in subdivision (1).
(ii) The product's label makes no reference to any distilled
spirit other than brandy.
(iii) The product's alcohol content is not less than sixteen
percent (16%) by volume or thirty-two (32) degrees proof.
(iv) The product contains dairy cream.
(v) The product's sugar, dextrose, or levulose content is at
least twenty percent (20%) of the product's weight.
(vi) The product contains caramel coloring.
(c) Nothing in this section allows a wine wholesaler to sell, give,
purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
the wine wholesaler also holds a beer wholesaler's permit under
IC 7.1-3-3-1.
(d) A wine wholesaler that also holds a liquor wholesaler's permit
under IC 7.1-3-8 may not:
(1) hold a beer wholesaler's permit under IC 7.1-3-3;
(2) possess, sell, or transport beer; or
(3) sell more than one million (1,000,000) gallons of flavored
malt beverage during a calendar year.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.5;
Acts 1974, P.L.25, SEC.4.) As amended by P.L.101-1983, SEC.2;
P.L.57-1984, SEC.10; P.L.72-1996, SEC.9; P.L.75-1997, SEC.1;
P.L.224-2005, SEC.8; P.L.165-2006, SEC.25.
IC 7.1-3-13-3.5
Requirements to sell wine purchased from estate sale; immunity
from product liability
Sec. 3.5. (a) A wine wholesaler may sell wine purchased from an
estate sale only if the following requirements are met:
(1) The primary source of the wine sold at auction:
(A) is authorized to sell wine in Indiana on the date the wine
is resold by the wholesaler;
(B) is given notice of the purchase by the wine wholesaler;
and
(C) authorizes the wine wholesaler to resell the wine
purchased.
(2) The seller of wine at auction is a bona fide estate of an
Indiana decedent.
(3) Each wine bottle is affixed with a sticker indicating that the
wine was purchased from an estate.
(b) The notice given to the primary source under subsection (a)(1)
must include the following information:
(1) The name of the seller.
(2) The amount of the product purchased and the sale price at
auction.
(3) The vintage of the wine purchased.
(c) A wholesaler is not liable for product liability for wine that the
wholesaler sells from an estate auction purchase.
As added by P.L.94-2008, SEC.34.
IC 7.1-3-13-4
Wine bottlers' permit; application
Sec. 4. Wine Bottlers' Permit: Application. The commission may
issue a wine bottler's permit to a person who desires to commercially
bottle wine.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-13-5
Persons eligible for permits
Sec. 5. Persons Eligible for Permits. The commission shall not
issue a wine bottler's permit to a person who is the holder of wine
wholesaler's permit, a beer wholesaler's permit, or a liquor
wholesaler's permit. A person shall be eligible to hold additional
wine bottler's permits upon payment of the proper additional annual
license fees.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-13-6
Scope of permit
Sec. 6. Scope of Permit. The holder of a wine bottler's permit shall
be entitled to import and transport wine from another state, or
country, into this state. He shall be entitled to export and transport
wine, by the bottle, barrel, cask, or other container, to points outside
this state. A wine bottler shall have the exclusive right to bottle, to
label, or both, with his own private label, or another label authorized
by its owner, or to place wine in containers different from those in
which the wine was imported into this state. Within this state, the
holder of a wine bottler's permit shall be entitled to sell, furnish, and
deliver wine only to a wine wholesaler, and shall be specifically
prohibited from selling, furnishing, and delivering wine to a wine
retailer or a wine dealer. Further, he shall not be entitled to sell wine
at retail.
(Formerly: Acts 1973, P.L.55, SEC.1.)