Ind. Code ch. 7.1-3-4

Ind. Code ch. 7.1-3-4
in effect

Ind. Code § 7.1-3-4-1 Application

Sec. 1. Application. The commission may issue a beer retailer's permit to a person who desires to sell beer to customers for consumption on the licensed premises and who meets the qualifications provided by this title. [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-4-2 Special disqualifications

Sec. 2. (a) The commission shall not issue a beer retailer's permit, except as otherwise authorized in this title and subject to the other restrictions contained in this title, to the following persons: (1) A person who does not have lawful status (as defined in IC 9-13-2-92.3). (2) A person who is not of good repute in the community in which the person resides. (3) A person who has been convicted within ten (10) years before the date of application of: (A) a federal crime having a sentence of at least one (1) year; (B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or (C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014). However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9. (4) A person who does not own the premises to which the permit will be applicable, or who does not have a bona fide lease on the premises for the full period for which the permit is to be issued. (5) A law enforcement officer or an officer who is not an elected officer of a municipal corporation, or governmental subdivision, or of Indiana, charged with any duty or function in the enforcement of this title. (6) An officer or employee of a person engaged in the alcoholic beverage traffic, which person is a nonresident of Indiana, or is engaged in carrying on any phase of the manufacture of, traffic in, or transportation of alcoholic beverages without a permit under this title when a permit is required by this title. (7) If the permit applicant does not hold a brewer's permit, a person who leases from a person, or an officer or agent of that person, who holds a brewer's permit or a beer wholesaler's permit. (8) If the permit applicant does not hold a brewer's permit, a person who is indebted to a person who holds a brewer's permit or a beer wholesaler's permit, or an officer or agent of that person, for a debt secured by a lien, mortgage, or otherwise, upon the premises for which the beer retailer's permit is to be applicable, or upon any of the property or fixtures on the premises, or used, or to be used in connection with the premises. (9) A person whose place of business is conducted by a manager or agent, unless the manager or agent possesses the same qualifications required for the issuance of a beer retailer's permit to the person. (10) A minor. (11) A person non compos mentis. (12) A person who has held a permit under this title and who has had that permit revoked within one (1) year prior to the date of application for a beer retailer's permit. (13) A person who has made an application for a permit of any type which has been denied less than one (1) year prior to the person's application for a beer retailer's permit unless the first application was denied by reason of a procedural or technical defect. (14) A person who is not the proprietor of a restaurant located and being operated on the premises described in the application for the beer retailer's permit, or of a hotel, or of a club, owning, or leasing the premises as a part of it. The disqualification contained in this subdivision shall not apply to the qualifications for or affect the privileges to be accorded under a beer dealer's permit or a dining car beer permit. (b) Subsection (a)(10) does not prevent a minor from being a stockholder in a corporation. [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999, SEC.14; P.L.158-2013, SEC.123; P.L.285-2019, SEC.19; P.L.163-2025, SEC.14.

Ind. Code § 7.1-3-4-3 Premises outside corporate limits

Sec. 3. Premises Outside Corporate Limits. (a) The commission may issue a beer retailer's permit for premises situated outside the corporate limits of an incorporated city or town if the premises are within, or in immediate proximity to, an unincorporated town: (1) which has been a settlement or a group of residences for more than ten (10) years; (2) to which the inhabitants of the surrounding countryside resort for purchases or public meetings or as a community or neighborhood center; and (3) which has borne a name and has been known by that name for more than ten (10) years. (b) The county surveyor of the county in which the premises is located shall certify the information set forth in subsection (a) to the commission. [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.276-2001, SEC.2.

Ind. Code § 7.1-3-4-4 Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.270-2017, SEC.8.

Ind. Code § 7.1-3-4-5 Repealed

[Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.

Ind. Code § 7.1-3-4-6 Scope of permit

Sec. 6. (a) The holder of a beer retailer's permit shall be entitled to purchase beer for sale under the permit only from a permittee entitled to sell to the beer retailer under this title. A beer retailer shall be entitled to possess beer and sell beer at retail to a customer for consumption on the licensed premises. A beer retailer also shall be entitled to sell beer to a customer and deliver beer in permissible containers to the customer on the licensed premises, or to the customer's house. 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. Subject to subsection (g), a beer retailer also may prepare and package beer in qualified containers for sale and delivery to a customer on the licensed premises for consumption off the licensed premises. (b) A beer retailer shall not be entitled to sell beer at wholesale. A beer retailer shall not be entitled to sell and deliver beer on the street or at the curb outside the licensed premises, nor shall a beer retailer be entitled to sell beer at a place other than the licensed premises. However, a beer retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises. (c) A beer retailer shall be entitled to sell and deliver warm or cold beer for carry out, or for at-home delivery, in barrels or other commercial containers in a quantity that does not exceed fifteen and one-half (15 1/2) gallons at any one (1) time. A beer retailer that delivers beer to a customer's residence must require the customer to provide proof of age in accordance with IC 7.1-5-10-23. (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the beer retailer may include the beer retailer parking lot or an area adjacent to the beer retailer that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer, and may not be used for point of sale purposes or any other purpose. Any alcoholic beverages conveyed to the customer must satisfy the following: (1) Alcoholic beverages that are in the sealed original containers must be placed in a bag that is stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES". (2) Alcoholic beverages that are prepared by the beer retailer must be packaged by the beer retailer in qualified containers that are: (A) stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES"; or (B) placed in a bag stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES". (3) Placed by an employee of the permittee who is at least twenty-one (21) years of age: (A) in the trunk of the motor vehicle; or (B) behind the last upright seat of the motor vehicle, if the motor vehicle is not equipped with a trunk. A retailer permittee may only convey a customer's order of alcoholic beverages to the customer, if the customer has also purchased a meal from the retailer permittee that is conveyed to the customer at the same time as the alcoholic beverages. (e) The employee of the permittee that conveys the alcoholic beverages to the customer must require the customer to provide proof of age in accordance with IC 7.1-5-10-23. (f) The parking lot or area where the alcoholic beverages are conveyed to the customer must be: (1) well lit; and (2) within clear view of the main entrance to the building of the retailer premises. (g) If a beer retailer prepares and packages beer: (1) for sale and delivery to a customer on the licensed premises for consumption off the licensed premises; and (2) in a container that is not in a qualified container; the commission may revoke the beer retailer's privilege under this section of preparing and packaging beer for sale and delivery to a customer in a qualified container. (h) Upon proper notice to the commission under IC 7.1-3-21-14.5(d)(1), a beer retailer may participate in an event sponsored by a local board on the grounds of a county fair under IC 7.1-3-21-14.5(b). [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.2; P.L.112-1987, SEC.5; P.L.194-2021, SEC.31; P.L.167-2024, SEC.5; P.L.6-2026, SEC.2.

Ind. Code § 7.1-3-4-6.5 Furnishing beer to qualified organization

Sec. 6.5. A beer retailer may sell, donate, transport, and deliver beer to a qualified organization for: (1) an allowable event under IC 7.1-3-6.1; (2) a charity auction under IC 7.1-3-6.2; or (3) an event under IC 7.1-3-6.3. As added by P.L.163-2025, SEC.15.

Ind. Code § 7.1-3-4-7 Limitation of sales; fees; clubs; discrimination

Sec. 7. (a) Notwithstanding any other law, a beer retailer may limit sales to the following: (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer. (2) Guests of a person described in subdivision (1). (b) A beer retailer may call the annual fee described in subsection (a) a membership fee. (c) A beer retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1. (d) This section does not allow a beer retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services. As added by P.L.73-1991, SEC.1.
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

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