CHAPTER 5. BEER DEALERS' PERMITS
IC 7.1-3-5
Chapter 5. Beer Dealers' Permits
IC 7.1-3-5-1
Application
Sec. 1. Application. The commission may issue a beer dealer's
permit to a person who desires to sell beer to customers for
consumption only off the licensed premises and who meets the
qualifications provided by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-5-2
Applicants eligible for permits; renewal of permits
Sec. 2. (a) The commission may issue a beer dealer's permit only
to an applicant who is the proprietor of a drug store, grocery store, or
package liquor store.
(b) The commission may issue a beer dealer's permit to an
applicant that is a foreign corporation if:
(1) the applicant is duly admitted to do business in Indiana;
(2) the sale of beer is within the applicant's corporate powers;
and
(3) the applicant is otherwise qualified under this title.
(c) The commission shall not issue a beer dealer's permit to a
person who is disqualified under the special disqualifications.
However, the special disqualification listed in IC 7.1-3-4-2(a)(13)
shall not apply to an applicant for a beer dealer's permit.
(d) Notwithstanding subsection (a), the commission may renew a
beer dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) is the proprietor of a confectionery or a store that:
(A) is not a drug store, grocery store, or package liquor
store;
(B) is in good repute; and
(C) in the judgment of the commission, deals in merchandise
that is not incompatible with the sale of beer.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.74-1997,
SEC.1; P.L.41-2002, SEC.1.
IC 7.1-3-5-3
Scope of permit
Sec. 3. (a) The holder of a beer dealer's permit shall be entitled to
purchase beer for sale under the permit only from a permittee entitled
to sell to a beer dealer under this title.
(b) A beer dealer shall be entitled to possess beer and sell it at
retail to a customer in permissible containers only.
(c) A beer dealer may not sell beer by the drink nor for
consumption on the licensed premises nor shall a beer dealer allow
it to be consumed on the licensed premises.
(d) Except as provided in subsection (e), a beer dealer shall be
entitled to sell beer to a customer and deliver it in permissible
containers to the customer on the licensed premises, or to the
customer's residence or office. A beer dealer shall not be entitled to
sell and deliver beer on the street or at the curb outside the licensed
premises, nor shall a beer dealer be entitled to sell beer at a place
other than the licensed premises. A beer dealer shall not be entitled
to sell beer and deliver beer for carry-out, or for delivery to a
customer's residence or office, in a quantity that exceeds eight
hundred sixty-four (864) ounces in a single transaction. However,
notwithstanding IC 7.1-5-10-11, a beer dealer who is licensed
pursuant to IC 7.1-3-10-4 shall be entitled to sell and deliver warm
or cold beer for carry-out, or for delivery to a customer's residence,
office, or a designated location in barrels or other commercial
containers that do not exceed two thousand sixteen (2,016) ounces
per container. 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.
(e) Unless a beer dealer is a grocery store or drug store, a beer
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. A beer dealer that is a grocery store or drug
store may sell any item except alcoholic beverages 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 Acts 1979,
P.L.83, SEC.3; P.L.65-1990, SEC.1; P.L.106-1995, SEC.7;
P.L.204-2001, SEC.27.
IC 7.1-3-5-4
Renewal or transfer of certain permits held before July 1, 2008
Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the commission may
renew or transfer ownership of a beer dealer's permit for a beer
dealer who:
(1) held a permit before July 1, 2008; and
(2) has a premises that does not qualify for a permit as a grocery
store under IC 7.1-1-3-18.5.
(b) The commission may transfer ownership of a beer dealer's
permit under this section only to an applicant who is the proprietor
of:
(1) a drug store;
(2) a grocery store; or
(3) a package liquor store.
As added by P.L.94-2008, SEC.29.
IC 7.1-3-5-5
Reporting annual gross sales of food; confidential; department of
state revenue; verification
Sec. 5. (a) As used in this section, "annual gross sales of food"
refers to annual gross sales of food for human consumption that are
exempt from the state gross retail tax.
(b) The holder of a permit issued to a grocery store that is
generally known as a convenience store or food mart as described in
IC 7.1-1-3-18.5(a)(2) shall report annually to the commission the
amount of the permit holder's establishment's annual gross sales of
food.
(c) An applicant who:
(1) is applying for a beer dealer's permit; and
(2) is the proprietor of a grocery store that is generally known
as a convenience store or food mart as described in
IC 7.1-1-3-18.5(a)(2);
shall report to the commission the amount of the applicant's
establishment's annual gross sales of food.
(d) The information provided to the commission under
subsections (b) and (c) regarding the amount of annual gross sales of
food is confidential information and may not be disclosed to the
public under IC 5-14-3. However, the commission may disclose the
information:
(1) to the department of state revenue to verify the accuracy of
the amount of annual gross sales of food reported to the
commission under subsections (b) and (c); and
(2) in any administrative or judicial proceeding to revoke or
suspend the holder's permit as a result of a discrepancy in the
amount of annual gross sales discovered by the department of
state revenue.
(e) The department of state revenue shall verify the accuracy of
the reports provided to the commission under this section. The
department of state revenue shall report to the commission any
discrepancy that the department discovers between:
(1) the amount of annual gross sales of food that the permit
holder has reported to the department; and
(2) the amount of annual gross sales of food that the permit
holder has reported to the commission.
(f) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling its
obligations under this section, the department of state revenue may
provide to the commission confidential information. The commission
shall maintain the confidentiality of information provided by the
department of state revenue under this section. However, the
commission may disclose the information in any administrative or
judicial proceeding to revoke or suspend the holder's permit as a
result of a discrepancy discovered by the department of state revenue
under subsection (e).
As added by P.L.94-2008, SEC.30.