Ind. Code ch. 7.1-3-5

Ind. Code ch. 7.1-3-5
in effect

Ind. Code § 7.1-3-5-0.3 Legalization of certain beer dealer permits issued or transferred after June 30, 1997, until March 14, 2002

Sec. 0.3. A new or renewal beer dealer permit issued or transferred to a package liquor store after June 30, 1997, and until March 14, 2002, is legalized. As added by P.L.220-2011, SEC.172.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-12.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-5-2 Applicants eligible for permits; renewal of permits

Sec. 2. (a) As used in this section, "proprietor of a package liquor store" means the person that: (1) holds the financial investment in; and (2) exercises the financial and operational oversight of; a package liquor store. (b) 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. (c) 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. (d) 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)(14) shall not apply to an applicant for a beer dealer's permit. (e) Notwithstanding subsection (b), 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. [Pre-1973 Recodification Citation: 7-1-1-12.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.74-1997, SEC.1; P.L.41-2002, SEC.1; P.L.133-2016, SEC.1; P.L.214-2016, SEC.3; P.L.285-2019, SEC.20; P.L.194-2021, SEC.32.

Ind. Code § 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. This delivery may only be performed by the permit holder or an employee who holds an employee permit. 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. 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. [Pre-1973 Recodification Citation: 7-1-1-12.] 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; P.L.194-2021, SEC.33; P.L.164-2025, SEC.2.

Ind. Code § 7.1-3-5-3.5 Furnishing beer to qualified organization

Sec. 3.5. A beer dealer 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.16.

Ind. Code § 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.

Ind. Code § 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.
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