Ind. Code ch. 7.1-5-7

Ind. Code ch. 7.1-5-7
in effect

Ind. Code § 7.1-5-7-1 False statements of age

Sec. 1. It is a Class C misdemeanor for a minor to knowingly or intentionally make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to a permittee for the purpose of ordering, purchasing, attempting to purchase, or otherwise procuring or attempting to procure an alcoholic beverage. [Pre-1973 Recodification Citations: 7-5-2-1; 7-5-2-2(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.11; P.L.102-1983, SEC.1; P.L.77-1988, SEC.6; P.L.67-1990, SEC.1; P.L.1-1993, SEC.45; P.L.94-2008, SEC.49; P.L.125-2012, SEC.1; P.L.113-2014, SEC.14; P.L.217-2014, SEC.2; P.L.159-2014, SEC.47.

Ind. Code § 7.1-5-7-2 Furnishing false evidence of identification

Sec. 2. It is a Class C misdemeanor for a person to sell, give, or furnish to a minor false or fraudulent evidence of majority or identity with the intent to violate or assist in the violation of a provision of this title. [Pre-1973 Recodification Citation: 7-5-2-2(a).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.12; P.L.102-1983, SEC.2; P.L.159-2014, SEC.48.

Ind. Code § 7.1-5-7-3 Possession of false identity

Sec. 3. (a) It is a Class C infraction for a minor to have in the minor's possession false or fraudulent evidence of majority or identity with the intent to violate a provision of this title. (b) It is a Class C infraction for a minor to have in the minor's possession false or fraudulent evidence of majority or identity with the intent to purchase a tobacco product as provided in IC 35-46-1-10.5. [Pre-1973 Recodification Citation: 7-5-2-2(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.13; P.L.102-1983, SEC.3; P.L.163-2025, SEC.46.

Ind. Code § 7.1-5-7-4 Statement of age

Sec. 4. A permittee shall have the right to demand of a customer a signed written statement, on a form prescribed by the commission, that the customer is not a minor. It is a Class C infraction for a minor to misrepresent his age on the statement. [Pre-1973 Recodification Citation: 7-2-1-9(d).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.14; P.L.102-1983, SEC.4.

Ind. Code § 7.1-5-7-4.5 Permittee retention of ID cards

Sec. 4.5. (a) As used in this section, "ID card" means any of the following: (1) A driver's license. (2) A photographic identification card issued under IC 9-24-16-1 or a similar card issued under the laws of another state or the federal government. (3) A government issued document bearing an individual's photograph. (b) As used in this section, "permittee" means a person who holds a valid permit under this title, including an employee of a permittee. (c) A permittee may retain an ID card that was provided to the permittee by a person as proof of age for making a purchase of an alcoholic beverage, if the permittee has: (1) received alcohol server training under IC 7.1-3-1.5; and (2) a reasonable belief that the ID card: (A) has been altered or falsified; or (B) was not issued to the person who provided the ID card to the permittee. (d) If the permittee retains an ID card, the permittee shall do the following: (1) Issue a receipt to the person who provided the ID card. The receipt must state the date and the hour that the permittee retained the ID card. (2) Not later than twenty-four (24) hours after the ID card is retained, provide: (A) the ID card; and (B) a written statement of the facts and circumstances surrounding the permittee's retention of the ID card; to a state or local law enforcement agency that has jurisdiction where the permit premises is located. (e) If the law enforcement agency does not: (1) initiate an investigation; or (2) find that probable cause exists; as to any violation of section 1, 3, or 4 of this chapter, the law enforcement agency shall release the ID card to the person who was issued the ID card. (f) A permittee is not subject to criminal liability or civil liability for retention of an ID card in accordance with this section. (g) A permittee is not immune from civil or criminal liability for using force against a person in order to obtain an ID card. As added by P.L.214-2016, SEC.32.

Ind. Code § 7.1-5-7-5 Repealed

[Pre-1973 Recodification Citation: 7-5-2-3(a).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.

Ind. Code § 7.1-5-7-5.1 Defenses of permittee to charge of unlawfully furnishing alcoholic beverage to minor

Sec. 5.1. (a) A permittee in a criminal prosecution or in a proceeding before the commission or a local board based upon a charge of unlawfully furnishing an alcoholic beverage to a minor may offer either or both of the following proofs as a defense or defenses to the prosecution or proceeding: (1) That: (A) the purchaser: (i) falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the purchaser to be at least twenty-one (21) years of age; (ii) produced a driver's license bearing the purchaser's photograph; (iii) produced a photographic identification card, issued under IC 9-24-16-1 or a similar card, issued under the laws of another state or the federal government, showing that the purchaser was of legal age to make the purchase; or (iv) produced a government issued document bearing the purchaser's photograph and showing the purchaser to be at least twenty-one (21) years of age; (B) the appearance of the purchaser was such that an ordinary prudent person would believe the purchaser to be of legal age to make the purchase; and (C) the sale was made in good faith based upon the reasonable belief that the purchaser was actually of legal age to make the purchase. (2) That the permittee or the permittee's agent had taken all reasonable precautions in instructing the permittee's employees, in hiring the permittee's employees, and in supervising them as to sale of alcoholic beverages to minors. (b) The following written statement is sufficient for the purposes of subsection (a)(1)(A)(i): REPRESENTATION AND STATEMENT OF AGE FOR PURCHASE OF ALCOHOLIC BEVERAGES I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows: (1) Possible payment of a fine of up to $500. (2) Possible imprisonment for up to 60 days. (3) Possible loss or deferment of driver's license privileges for up to one year. (4) Possible requirement to participate in an alcohol education or treatment program. Knowing the possible penalties for misstatement, I hereby represent and state, for the purpose of inducing _______________ (Name of licensee) to sell, serve, or deliver alcoholic beverages to me, that I was born: ________, ________, ______ and am ____ years of age. (Month) (Day) (Year) Date __________ Signed ____________________ Address ___________________ __________________________ Other Identification Signature of person Presented: who witnessed completion Nonphoto driver's of this statement license: (number & state) by patron: ________________________ __________________________ Social Security Number __________________________ Other _____________________ __________________________ __________________________ As added by P.L.100-1983, SEC.5. Amended by P.L.79-1986, SEC.2; P.L.2-1991, SEC.56; P.L.10-2010, SEC.9.

Ind. Code § 7.1-5-7-6 Repealed

[Pre-1973 Recodification Citation: 7-5-2-4.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

Ind. Code § 7.1-5-7-7 Illegal possession

Sec. 7. (a) Subject to IC 7.1-5-1-6.5, it is a Class C misdemeanor for a minor to knowingly: (1) possess an alcoholic beverage; (2) consume an alcoholic beverage; or (3) transport an alcoholic beverage on a public highway when not accompanied by at least one (1) of the minor's parents or guardians. (b) If a minor is found to have violated subsection (a)(2) or (a)(3) while operating a vehicle, the court may order the minor's driving privileges suspended for up to one (1) year. However, if the minor is less than eighteen (18) years of age, the court shall order the minor's driving privileges suspended for at least sixty (60) days. (c) The court shall deliver any order suspending a minor's driving privileges under this section to the bureau of motor vehicles, which shall suspend the minor's driving privileges under IC 9-24-18-12.2 for the period ordered by the court. [Pre-1973 Recodification Citations: 7-5-1-1; 7-5-1-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.710; Acts 1982, P.L.69, SEC.15; P.L.53-1994, SEC.1; P.L.93-2012, SEC.5; P.L.125-2012, SEC.2; P.L.217-2014, SEC.3; P.L.159-2014, SEC.49.

Ind. Code § 7.1-5-7-8 Sale to minors prohibited; furnishing property for the purpose of enabling minors to consume alcohol prohibited

Sec. 8. (a) It is a Class B misdemeanor for a person to recklessly, knowingly, or intentionally sell, barter, exchange, provide, or furnish an alcoholic beverage to a minor. (b) However, the offense described in subsection (a) is: (1) a Class A misdemeanor if the person has a prior unrelated conviction under this section; and (2) a Level 6 felony if the consumption, ingestion, or use of the alcoholic beverage is the proximate cause of the serious bodily injury or death of any person. (c) A person who knowingly or intentionally: (1) rents property; or (2) provides or arranges for the use of property; for the purpose of allowing or enabling a minor to consume an alcoholic beverage on the property commits a Class C infraction. However, the violation is a Class B misdemeanor if the person has a prior unrelated adjudication or conviction for a violation of this section within the previous five (5) years. (d) This section shall not be construed to impose civil liability upon any postsecondary educational institution, including public and private universities and colleges, business schools, vocational schools, and schools for continuing education, or its agents for injury to any person or property sustained in consequence of a violation of this section unless the institution or its agent: (1) sells, barters, exchanges, provides, or furnishes an alcoholic beverage to a minor; or (2) either: (A) rents property; or (B) provides or arranges for the use of property; for the purpose of allowing or enabling a minor to consume an alcoholic beverage on the property. [Pre-1973 Recodification Citation: 7-2-1-9(a).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.1. As amended by Acts 1982, P.L.69, SEC.16; P.L.102-1983, SEC.5; P.L.100-1983, SEC.6; P.L.79-1986, SEC.3; P.L.2-2007, SEC.132; P.L.94-2008, SEC.50; P.L.158-2013, SEC.127; P.L.159-2014, SEC.50; P.L.32-2019, SEC.15.

Ind. Code § 7.1-5-7-9 Parent taking child into tavern prohibited

Sec. 9. (a) It is a Class C infraction for a parent, guardian, trustee, or other person having custody of a child under eighteen (18) years of age to take that child into a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. (b) It is a Class C infraction for a permittee to permit the parent, guardian, trustee, or other person having custody of the child under eighteen (18) years of age to be in or around the prohibited place with the child. [Pre-1973 Recodification Citation: 7-2-1-9(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.17; P.L.102-1983, SEC.6.

Ind. Code § 7.1-5-7-10 Minors in taverns prohibited

Sec. 10. (a) It is a Class C infraction for a minor to knowingly or intentionally be in a tavern, bar, or other public place where alcoholic beverages are sold, bartered, exchanged, given away, provided, or furnished. (b) It is a Class C misdemeanor for a permittee to recklessly permit a minor to be in the prohibited place beyond a reasonable time in which an ordinary prudent person can check identification to confirm the age of a patron. [Pre-1973 Recodification Citation: 7-2-1-9(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.18; P.L.102-1983, SEC.7; P.L.79-1986, SEC.4; P.L.77-1988, SEC.7; P.L.1-1993, SEC.46; P.L.125-2012, SEC.3; P.L.217-2014, SEC.4; P.L.159-2014, SEC.51.

Ind. Code § 7.1-5-7-11 Exception for certain places

Sec. 11. (a) The provisions of sections 9 and 10 of this chapter shall not apply if the public place involved is one (1) of the following: (1) Civic center. (2) Convention center. (3) Sports arena. (4) Bowling center. (5) Bona fide club. (6) Drug store. (7) Grocery store. (8) Boat. (9) Dining car. (10) Pullman car. (11) Club car. (12) Passenger airplane. (13) Horse racetrack facility holding a recognized meeting permit under IC 4-31-5. (14) Satellite facility (as defined in IC 4-31-2.1-36). (15) Catering hall under IC 7.1-3-20-24 that is not open to the public. (16) That part of a restaurant which is separate from a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink. (17) Entertainment complex. (18) Indoor golf facility. (19) A recreational facility such as a golf course, bowling center, or similar facility that has the recreational activity and not the sale of food and beverages as the principal purpose or function of the person's business. (20) A licensed premises owned or operated by a postsecondary educational institution described in IC 21-17-6-1. (21) An automobile racetrack. (22) An indoor theater under IC 7.1-3-20-26. (23) A senior residence facility campus (as defined in IC 7.1-3-1-29(c)) at which alcoholic beverages are given or furnished as provided under IC 7.1-3-1-29. (24) A hotel other than a part of a hotel that is a room in a restaurant in which a bar is located over which alcoholic beverages are sold or dispensed by the drink. (25) The location of an allowable event to which IC 7.1-3-6.1 applies. (26) The location of a charity auction to which IC 7.1-3-6.2 applies. (27) A tour of a brewery as provided in IC 7.1-3-20-16.4, if the minor is in the company of a parent, legal guardian or custodian, or family member who is at least twenty-one (21) years of age. (28) A farm winery and any additional locations of the farm winery under IC 7.1-3-12, if the minor is in the company of a parent, legal guardian or custodian, or family member who is at least twenty-one (21) years of age and the minor is accompanied by the adult in any area that the adult may be present whether or not the area: (A) is separated in any manner from where the wine is manufactured, sold, or consumed within the farm winery premises; or (B) operates under a retailer's permit. (29) An artisan distillery under IC 7.1-3-27, if: (A) the person who holds the artisan distiller's permit also holds a farm winery permit under IC 7.1-3-12, or IC 7.1-3-20-16.4(a) applies to the person; and (B) the minor is in the company of a parent, legal guardian or custodian, or family member who is at least twenty-one (21) years of age. (30) An art instruction studio under IC 7.1-5-8-4.6. (31) The licensed premises of a food hall under IC 7.1-3-20-29 and the food and beverage vending space of a food hall vendor permittee under IC 7.1-3-20-30. However, sections 9 and 10 of this chapter apply to a bar within the food and beverage vending space of a food hall vendor permittee under IC 7.1-3-20-30 that serves alcoholic beverages intended to be consumed while sitting or standing at the bar. (32) A refreshment area designated under IC 7.1-3-31. (33) A small brewery under IC 7.1-3-2-7(5) and a restaurant of which the small brewery permit holder is the proprietor as provided in IC 7.1-3-2-7(5)(B), if the minor is accompanied by a parent, legal guardian, custodian, or family member who is at least twenty-one (21) years of age. The minor may be in any area in which the accompanying adult may be present, whether or not the area: (A) is separated in any manner from where the beer is manufactured, sold, or consumed within the small brewery premises; or (B) operates under a retailer's permit as provided in IC 7.1-3-2-7(5)(C). (34) The state fair under IC 7.1-3-21-14. (35) A county fair issued a permit under IC 7.1-3-21-14.5. (36) A restaurant that satisfies the gross food sales requirement provided in IC 7.1-3-20-14. (b) For the purpose of this subsection, "food" means meals prepared on the licensed premises. It is lawful for a minor to be on licensed premises in a room, outdoor patio, or terrace in which is located a bar over which alcoholic beverages are sold or dispensed by the drink if all the following conditions are met: (1) The minor is in the company of a parent, guardian, or family member who is at least twenty-one (21) years of age. (2) The purpose for being on the licensed premises is the consumption of food and not the consumption of alcoholic beverages. (3) The minor, accompanied by the parent, guardian, or family member who is at least twenty-one (21) years of age, must be seated at a table or booth in the bar area and shall not be seated at the bar over which alcoholic beverages are sold or dispensed by the drink. [Pre-1973 Recodification Citation: 7-2-1-9(b).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.74, SEC.2. As amended by P.L.100-1983, SEC.7; P.L.15-1994, SEC.10; P.L.105-1995, SEC.6; P.L.71-1996, SEC.5; P.L.72-1996, SEC.22; P.L.117-2000, SEC.1; P.L.72-2004, SEC.16; P.L.224-2005, SEC.33; P.L.2-2007, SEC.133; P.L.10-2010, SEC.10; P.L.196-2015, SEC.18; P.L.153-2015, SEC.12; P.L.196-2015, SEC.19; P.L.270-2017, SEC.19; P.L.279-2019, SEC.9; P.L.285-2019, SEC.59; P.L.150-2021, SEC.5; P.L.105-2022, SEC.9; P.L.167-2023, SEC.5; P.L.170-2023, SEC.20; P.L.220-2023, SEC.14; P.L.163-2025, SEC.47; P.L.6-2026, SEC.8; P.L.153-2026, SEC.36.

Ind. Code § 7.1-5-7-12 Employment of minors prohibited

Sec. 12. Except as provided in section 13 of this chapter, it is a Class B misdemeanor for a person to knowingly or intentionally employ a minor in or about a place where alcoholic beverages are sold, furnished, or given away for consumption either on or off the licensed premises, in a capacity which requires or allows the minor to sell, furnish, or otherwise deal in alcoholic beverages. [Pre-1973 Recodification Citation: 7-2-1-9(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.19; P.L.204-2001, SEC.52; P.L.159-2014, SEC.52.

Ind. Code § 7.1-5-7-13 Employment of minors; exceptions

Sec. 13. (a) Section 12 of this chapter does not prohibit the following: (1) The employment of a person at least eighteen (18) years of age but less than twenty-one (21) years of age on or about licensed premises where alcoholic beverages are sold, furnished, or given away for consumption either on or off the licensed premises, for a purpose other than: (A) selling; (B) furnishing, other than serving; (C) consuming; or (D) otherwise dealing in; alcoholic beverages. (2) A person at least eighteen (18) years of age but less than twenty-one (21) years of age from ringing up a sale of alcoholic beverages in the course of the person's employment. (3) A person who is at least eighteen (18) years of age but less than twenty-one (21) years of age and who has successfully completed an alcohol server training program certified under IC 7.1-3-1.5 from serving alcoholic beverages in a dining area or family room of a restaurant or hotel: (A) in the course of a person's employment as a waiter, waitress, or server; and (B) under the supervision of a person who: (i) is at least twenty-one (21) years of age; (ii) is present at the restaurant or hotel; and (iii) has successfully completed an alcohol server training program certified under IC 7.1-3-1.5 by the commission. This subdivision does not allow a person at least eighteen (18) years of age but less than twenty-one (21) years of age to be a bartender. (4) The employment of a person at least eighteen (18) years of age but less than twenty-one (21) years of age on or about licensed premises where alcoholic beverages are sold, furnished, or given away for consumption either on or off the licensed premises if all the following apply: (A) The person is employed as an assistant on a delivery truck. (B) The person's duties with respect to alcoholic beverages are limited to handling alcoholic beverages in connection with the loading, unloading, stowing, or storing of alcoholic beverages that are being delivered or picked up. (C) The person does not sell, furnish, or deal in alcoholic beverages in any manner except as expressly permitted under clause (B). (D) The person acts under the supervision of a driver holding a salesman's permit. (E) The person does not collect money for the delivery or pick up. (b) This chapter does not prohibit a person less than twenty-one (21) years of age from being on the premises of a brewery under IC 7.1-3-2-7(5), a farm winery, including any additional locations of the farm winery under IC 7.1-3-12-5, or an artisan distillery under IC 7.1-3-27-5, if the person is: (1) the child, stepchild, grandchild, nephew, or niece of an owner of the: (A) brewery; (B) farm winery; or (C) artisan distiller; and (2) employed on the premises for a purpose other than: (A) selling; (B) furnishing, other than serving; (C) consuming; or (D) otherwise dealing in; alcoholic beverages. A minor described in this subsection is not required to be accompanied by a parent, legal guardian or custodian, or family member who is at least twenty-one (21) years of age while on the premises of the brewery or farm winery. [Pre-1973 Recodification Citation: 7-2-1-9(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.53; P.L.161-2005, SEC.3; P.L.3-2008, SEC.70; P.L.94-2008, SEC.51; P.L.270-2017, SEC.20; P.L.75-2024, SEC.1.

Ind. Code § 7.1-5-7-14 Notice from parents

Sec. 14. It is a Class B misdemeanor for a permittee to knowingly or intentionally permit a minor to be in or around the licensed premises after receiving written notice from the parent, guardian, or other person having custody of the minor that the minor is in fact a minor and directing that the minor be excluded from the licensed premises. [Pre-1973 Recodification Citation: 7-2-1-9(e).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.20; P.L.159-2014, SEC.53.

Ind. Code § 7.1-5-7-15 Aiding unlawful possession

Sec. 15. A person twenty-one (21) years of age or older who knowingly or intentionally encourages, aids, or induces a minor to unlawfully possess an alcoholic beverage commits a Class C infraction. As added by P.L.102-1983, SEC.8.

Ind. Code § 7.1-5-7-16 Inspections

Sec. 16. The commission shall conduct random unannounced inspections at locations where alcoholic beverages are sold or distributed to ensure compliance with this title. Only the commission may conduct the random unannounced inspections. The commission may use retired or off duty law enforcement officers to conduct inspections under this section. As added by P.L.94-2008, SEC.52. Amended by P.L.216-2011, SEC.2.

Ind. Code § 7.1-5-7-17 Enforcement actions

Sec. 17. (a) Notwithstanding any other law, an enforcement officer vested with full police powers and duties may engage a person who is: (1) at least eighteen (18) years of age; and (2) less than twenty-one (21) years of age; to receive or purchase alcoholic beverages as part of an enforcement action under this article. (b) The initial or contemporaneous receipt or purchase of an alcoholic beverage under this section by a person described in subsection (a) must: (1) occur under the direction of an enforcement officer vested with full police powers and duties; and (2) be a part of the enforcement action. As added by P.L.94-2008, SEC.53.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026