Ind. Code ch. 7.1-3-2

Ind. Code ch. 7.1-3-2
in effect

Ind. Code § 7.1-3-2-1 Application

Sec. 1. Application. The commission may issue a brewer's permit to a person who desires to commercially manufacture beer. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-2-1.4 "Bottle"

Sec. 1.4. For purposes of this chapter, "bottle" means a standard wine container that meets the requirements of 27 CFR 4.71. As added by P.L.279-2019, SEC.1.

Ind. Code § 7.1-3-2-1.5 "Bulk"

Sec. 1.5. For purposes of this chapter, "bulk" means a container of more than sixty (60) liters. As added by P.L.279-2019, SEC.2.

Ind. Code § 7.1-3-2-2 Persons eligible for permits

Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana if the brewer holds more than one (1) brewer's permit and manufactures, at all of the brewer's breweries located in Indiana, an aggregate of more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to: (1) an individual; (2) a partnership; (3) a limited liability company; or (4) a corporation organized and existing under the laws of Indiana and having authority under its charter to manufacture or sell beer. The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana. (b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue more than one (1) permit under this subsection to a brewer if the brewer manufactures, at all of the brewer's breweries located in Indiana, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to: (1) an individual; (2) a partnership organized and existing under the laws of Indiana; (3) a limited liability company organized and existing under the laws of Indiana; or (4) a corporation organized and existing under the laws of Indiana. The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.3; P.L.72-2004, SEC.5; P.L.186-2011, SEC.2; P.L.71-2012, SEC.1; P.L.79-2015, SEC.1; P.L.194-2021, SEC.28.

Ind. Code § 7.1-3-2-3 Preference for existing permittees

Sec. 3. Preference for Existing Permittees. A holder of a brewer's permit shall be entitled to preference in the issuance of a brewer's permit over a new applicant for that permit and the existing permittee shall not be refused the permit except for good cause after hearing. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-2-4 Out-of-state brewer; qualifications

Sec. 4. A brewer or other person located outside Indiana who is desirous of selling beer or flavored malt beverage to an Indiana permittee for importation into and resale in Indiana, in order to qualify under this title, shall file with the commission a surety bond in a penal sum equal to its average monthly excise tax liability for the previous year, payable to the state of Indiana and conditioned on the principal's faithful performance and discharge in its agreement with the commission as provided in section 5 of this chapter. The bond and agreement, unless suspended or revoked, shall be renewable annually. [Pre-1973 Recodification Citation: 7-2-2-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.2; P.L.72-1996, SEC.2.

Ind. Code § 7.1-3-2-5 Out-of-state brewer; agreement

Sec. 5. There shall accompany the bond required by section 4 of this chapter an agreement by the applicant to: (1) pay to the state the taxes and fees levied by the state for which the applicant is liable on beer shipped or transported into Indiana; (2) furnish reports required by the commission of the sales of beer and flavored malt beverage by the principal to an Indiana permittee; and (3) consent to an examination of the principal's records pertaining to sales to an Indiana permittee. [Pre-1973 Recodification Citation: 7-2-2-4.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.3; P.L.72-1996, SEC.3.

Ind. Code § 7.1-3-2-6 Cessation of manufacturing; revocation of permit

Sec. 6. Cessation of Manufacturing: Revocation of Permit. The commission may revoke the permit of a brewer if the brewer does not, in good faith, begin to manufacture beer within six (6) months after the issuance of the permit, or if he suspends manufacturing of beer for six (6) consecutive months, without the consent and approval of the commission. The revocation shall be affected in accordance with the rules and regulations of the commission. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-2-7 Scope of permit

Sec. 7. The holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do the following: (1) Manufacture beer. (2) Place beer in containers or bottles. (3) Transport beer. (4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3. (5) If the brewer manufactures, at all of the brewer's breweries, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may do the following: (A) Sell and deliver a total of not more than thirty thousand (30,000) barrels of beer in a calendar year to a person holding a retailer or a dealer permit under this title. The total number of barrels of beer that the permit holder may sell and deliver under this clause in a calendar year may not exceed thirty thousand (30,000) barrels of beer. (B) Be the proprietor of a restaurant that is not subject to the minimum gross food sales or the minimum projected food sales set forth in 905 IAC 1-41-2. (C) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant established under clause (B). (D) Transfer beer directly from the brewery to the restaurant by means of: (i) bulk containers; or (ii) a continuous flow system. (E) Install a window between the brewery and an adjacent restaurant that allows the public and the permittee to view both premises. (F) Install a doorway or other opening between the brewery and an adjacent restaurant that provides the public and the permittee with access to both premises. (G) Sell the brewery's beer by the glass for consumption on the premises. Brewers permitted to sell beer by the glass under this clause must make food available for consumption on the premises. A brewer may comply with the requirements of this clause by doing any of the following: (i) Allowing a vehicle of transportation that is a food establishment (as defined in IC 16-18-2-137) to serve food near the brewer's licensed premises. (ii) Placing menus in the brewer's premises of restaurants that will deliver food to the brewery. (iii) Providing food prepared at the brewery. (H) Sell and deliver beer to a consumer at the licensed premises of the brewer or at the residence of the consumer. Notwithstanding IC 7.1-1-3-20, the licensed premises may include the brewery parking lot or an area adjacent to the brewery that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 10 of this chapter, and may not be used for point of sale purposes or any other purpose. The delivery to a consumer may be made only in a quantity at any one (1) time of not more than one-half (1/2) barrel, but the beer may be contained in bottles or other permissible containers. (I) Sell the brewery's beer as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than five hundred seventy-six (576) ounces. A brewer's beer may be sold under this clause at any address for which the brewer holds a brewer's permit issued under this chapter if the address is located within the same city boundaries in which the beer was manufactured. (J) With the approval of the commission, participate: (i) individually; or (ii) with other permit holders under this chapter, holders of artisan distiller's permits, holders of farm winery permits, or any combination of holders described in this item; in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. All of the permit holders may occupy the same tent, structure, or building. The commission may not grant to a holder of a permit under this chapter approval under this clause to participate in a trade show or exposition for more than seventy-five (75) days in a calendar year. (K) Store or condition beer in a secure building that is: (i) separate from the brewery; and (ii) owned or leased by the permit holder. (L) Transfer beer from a building described in clause (K) back to the brewery. (M) Sell or transfer beer directly to a beer wholesaler from a building described in clause (K), but may not sell or transfer beer from the building to any other permittee or a consumer. The brewer shall maintain an adequate written record of the beer transferred: (i) between the brewery and the separate building; and (ii) from the separate building to the wholesaler. (N) Sell the brewery's beer to the holder of a supplemental caterer's permit issued under IC 7.1-3-9.5 for on-premises consumption only at an event that is held outdoors on property that is contiguous to the brewery as approved by the commission. (O) Receive liquor from the holder of a distiller's permit issued under IC 7.1-3-7 or the holder of an artisan distiller's permit under IC 7.1-3-27 that is located in the same county as the brewery for the purpose of carbonating and canning the liquor. Upon the completion of canning of the liquor, the product must be returned to the original production facility within forty-eight (48) hours. The activity under this clause is not an interest under IC 7.1-5-9. (P) Receive beer from another permit holder under this subdivision for the purpose of bottling and packaging the beer. Upon completion of bottling and packaging the beer, the product must be returned to the original permit holder who manufactured the beer. The number of barrels of beer that a permit holder receives, bottles, and packages under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year. The activity under this clause is not an interest under IC 7.1-5-9. (Q) Sell or transfer beer directly to a food manufacturer located in Indiana that is registered with the federal Food and Drug Administration for the purpose of adding or integrating the beer into a product or recipe. (R) Manufacture beer for another permit holder under this subdivision. Upon completion of manufacturing the beer, the product must be transported to the permit holder for which the beer was manufactured. To qualify under this clause: (i) the permit holder for which the beer is manufactured must have manufactured not less than forty (40) barrels of beer produced from raw materials at the licensed premises of the permit holder in the previous calendar year; and (ii) the number of barrels of beer that a permit holder manufactures under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year. All records required by the federal Alcohol and Tobacco Tax and Trade Bureau regarding the number of barrels of beer produced from raw materials at the licensed premises of a permit holder must be made available to the commission upon request. The activity under this clause is not an interest under IC 7.1-5-9. (S) Sell, donate, transport, and deliver beer to a qualified organization for: (i) an allowable event under IC 7.1-3-6.1; (ii) a charity auction under IC 7.1-3-6.2; or (iii) an event under IC 7.1-3-6.3. (T) With the approval of the commission under clause (J), participate in a farmers' market at which products of the permit holder are displayed, promoted, and sold. The permit holder may: (i) provide samples of the brewery's beer for consumption on the premises, subject to a limit of three (3) samples of not more than six (6) ounces per person; and (ii) sell six (6), twelve (12), and twenty-four (24) packs of twelve (12) ounce or sixteen (16) ounce cans of the brewery's beer in qualified containers for consumption off the premises. (U) Upon proper notice to the commission under IC 7.1-3-21-14.5(d)(1), 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). (6) If the brewer's brewery manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may own a portion of the corporate stock of another brewery that: (A) is located in the same county as the brewer's brewery; (B) manufactures less than ninety thousand (90,000) barrels of beer in a calendar year; and (C) is the proprietor of a restaurant that operates under subdivision (5). (7) Provide complimentary samples of beer that are: (A) produced by the brewer; and (B) offered to consumers for consumption on the brewer's premises. (8) Own a portion of the corporate stock of a sports corporation that: (A) manages a minor league baseball stadium located in the same county as the brewer's brewery; and (B) holds a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant located in that stadium. (9) For beer described in IC 7.1-1-2-3(a)(4): (A) may allow transportation to and consumption of the beer on the licensed premises; and (B) may not sell, offer to sell, or allow sale of the beer on the licensed premises. (10) Sell, donate, transport, and deliver beer to a qualified organization for: (A) an allowable event under IC 7.1-3-6.1; (B) a charity auction under IC 7.1-3-6.2; or (C) an event under IC 7.1-3-6.3. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1992, SEC.3; P.L.88-1993, SEC.1; P.L.15-1994, SEC.3; P.L.107-1995, SEC.1; P.L.177-1999, SEC.6; P.L.72-2004, SEC.6; P.L.94-2008, SEC.26; P.L.10-2010, SEC.6; P.L.186-2011, SEC.3; P.L.71-2012, SEC.2; P.L.79-2015, SEC.2; P.L.144-2015, SEC.1; P.L.214-2016, SEC.2; P.L.270-2017, SEC.7; P.L.279-2019, SEC.3; P.L.285-2019, SEC.17; P.L.194-2021, SEC.29; P.L.220-2023, SEC.4; P.L.26-2024, SEC.1; P.L.163-2025, SEC.12; P.L.164-2025, SEC.1; P.L.186-2025, SEC.276; P.L.6-2026, SEC.1.

Ind. Code § 7.1-3-2-7.5 Sale of beer and wine or liquor from bar

Sec. 7.5. (a) This section applies if: (1) a person having an interest in a brewer's permit under section 7(5) of this chapter also has an interest in a farm winery or an artisan distillery; and (2) the brewery production facility and the farm winery or artisan distillery production facility occupy the same building. (b) Notwithstanding any other provision, a person to which this section applies may sell by the glass for consumption on the premises all alcoholic beverages: (1) manufactured by the two (2) production facilities; and (2) from a single bar. The commission may not require any physical separation at the bar between the service of alcoholic beverages manufactured by one (1) production facility and the service of alcoholic beverages manufactured by the other production facility. (c) This section does not exempt a permit holder from complying with permit restrictions that affect the sales and service of any of the alcoholic beverages manufactured by the production facilities. If the law applicable to one (1) of the permits under subsection (a)(2) that the person has an interest in is more prohibitive or restrictive regarding the presence of a minor in the bar area of the licensed premises than the law applicable to the other premises under subsection (a)(2) that the person has an interest in, the more prohibitive or restrictive law applies to the single bar area. As added by P.L.97-2015, SEC.1. Amended by P.L.285-2019, SEC.18.

Ind. Code § 7.1-3-2-8 Transportation of beer

Sec. 8. Transportation of Beer. The transportation of beer to a county within this state shall be only in barrel or keg containers, or in bottles, or in other containers permissible under the rules and regulations of the commission. A brewer may ship beer to points outside this state in any convenient container. [Pre-1973 Recodification Citation: 7-1-1-9.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-2-9 Out-of-state brewer; use of beer wholesalers

Sec. 9. An out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may: (1) appoint a beer wholesaler to perform the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2); and (2) provide a fee to a beer wholesaler who performs the services described in IC 7.1-3-3-5(f)(1) through IC 7.1-3-3-5(f)(2). As added by P.L.72-1997, SEC.1.

Ind. Code § 7.1-3-2-10 Delivery to consumer in parking lot

Sec. 10. (a) This section applies to a permittee that conveys alcoholic beverages to a customer in a parking lot or an area adjacent to the brewery as provided under section 7(5)(H) of this chapter. (b) Alcoholic beverages must be: (1) in sealed containers; and (2) 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. (c) 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. (d) 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 of the brewery building premises. As added by P.L.194-2021, SEC.30.

Ind. Code § 7.1-3-2-11 Beer transferred to food manufacturer

Sec. 11. (a) A finished product of a food manufacturer that contains beer transferred to the food manufacturer under section 7(5)(Q) of this chapter may not contain more than one-half of one percent (0.5%) of alcohol by volume when the product leaves the food manufacturer's facility. (b) Beer that is sold or transferred by a brewer to a food manufacturer under section 7(5)(Q) of this chapter shall be included within the brewer's ninety thousand (90,000) barrel of beer limit for the calendar year that is set forth in section 7(5) of this chapter. As added by P.L.220-2023, SEC.5.
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