Ind. Code ch. 7.1-3-1

Ind. Code ch. 7.1-3-1
in effect

Ind. Code § 7.1-3-1-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The addition of section 28 of this chapter by P.L.204-2001 applies only to applications submitted after June 30, 2001. (2) The amendments made to sections 5.5 and 5.6 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with sections 5.5 and 5.6 of this chapter, as appropriate, as the provision was effective at the time the application was submitted. As added by P.L.220-2011, SEC.171.

Ind. Code § 7.1-3-1-1 Issuance of permits authorized

Sec. 1. Issuance of Permits Authorized. The commission may issue only the types of permits authorized by this article subject to the applicable provisions of this title. [Pre-1973 Recodification Citation: 7-1-1-6.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-1.5 Intent of general assembly concerning sales of carryout

Sec. 1.5. (a) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a grocery store, convenience store, or drug store should not be given the privilege of selling cold beer for carryout. (b) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a restaurant located within a grocery store, convenience store, or drug store should not be given the privilege of selling alcoholic beverages for carryout. (c) The commission shall apply the intent of the general assembly, when considering the character of an applicant's business, as described in section 19 of this chapter. As added by P.L.270-2017, SEC.6.

Ind. Code § 7.1-3-1-2 No property right in permit

Sec. 2. No Property Right in Permit. A permittee shall have no property right in a wholesaler's, retailer's, or dealer's permit of any type. [Pre-1973 Recodification Citations: 7-2-1-14(a); 7-1-1-5(2).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-3 Term of permits; renewal; effective upon final approval; letter of authority to operate

Sec. 3. (a) A permit of any type issued by the commission, except as provided in subsections (b) and (f) or unless otherwise provided in this title, shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of the one (1) year period the permit shall be fully expired and null and void. (b) Notwithstanding subsection (a), a permit that is subject to section 5.5 or 5.6 of this chapter is effective for two (2) calendar years, including the day upon which the permit is granted. However, a local board may recommend to the commission that the permit be issued or renewed for only a one (1) year period. The commission may issue or renew a permit for the period recommended by the local board. (c) A permittee who is granted a two (2) year permit under subsection (b) or subsection (f) is liable for any annual fees assessed by the commission. The annual fee is due on the annual anniversary date upon which the permit was granted. (d) If the commission grants a two (2) year permit, the commission may ask a local board to hold a hearing to reconsider the duration of a permittee's permit. A hearing held under this subsection is subject to section 5.5 or 5.6 of this chapter. A local board shall hold the hearing requested by the commission within thirty (30) days before the permittee's next annual anniversary date and forward a recommendation to the commission following the hearing. (e) If a permittee is granted a permit for more than one (1) year, the commission shall require the permittee to file annually with the commission the information required for an annual permit renewal. (f) Notwithstanding subsection (a), the following are effective for two (2) calendar years, including the day upon which the permit is granted: (1) A beer wholesaler's permit issued under IC 7.1-3-3-1. (2) A wine wholesaler's permit issued under IC 7.1-3-13-1. (3) A liquor wholesaler's permit issued under IC 7.1-3-8-1. (g) Except as provided in subsection (h), the commission shall timely process a permittee's application for renewal of a permit unless the permittee receives a notice of a violation from the office of the prosecutor created under IC 7.1-2-2-1. (h) The commission may timely process an application for renewal of a permit filed by a permittee that receives notice of a violation as described in subsection (g) if the chairman or the chairman's designee authorizes the application for renewal of the permit to be timely processed. (i) Except as provided in subsection (k), a permittee may file an application for renewal of a permit not later than: (1) one (1) year after the date the permit expires (in the case of a permit that expires before July 1, 2019); or (2) six (6) months after the date the permit expires (in the case of a permit that expires after June 30, 2019). (j) Except as provided in subsection (k), if a permittee does not file an application for renewal of a permit within the time provided in subsection (i), the permit reverts to the commission. At least thirty (30) days before the date that a permit reverts to the commission, the commission shall provide written notice to the permittee informing the permittee of the date that the permittee's permit will revert to the commission. (k) Subject to subsection (l), a permittee: (1) under subsection (i)(1) may file an application for renewal of a permit more than one (1) year after the date the permit expires if, not later than one (1) year after the date the permit expires, the permittee obtains approval from the chairman or the chairman's designee for an extension to file the application for renewal; or (2) under subsection (i)(2) may file an application for renewal of a permit more than six (6) months after the date the permit expires if, not later than six (6) months after the date the permit expires, the permittee obtains approval from the chairman or the chairman's designee for an extension to file the application for renewal. (l) The chairman may allow the permittee to renew the permit: (1) more than one (1) year, in the case of a permittee under subsection (k)(1); or (2) more than six (6) months in the case of a permittee under subsection (k)(2); after the date the permit expires only if the permittee provides evidence that the permittee is engaged in an administrative or court proceeding that prevents the permittee from renewing the permit. (m) A permit is effective upon the final approval of the commission. Upon final approval of a permit, and upon the request of the permittee, the commission shall provide the permittee with a letter of authority to operate. The letter of authority to operate constitutes authorization for the permittee to perform the actions allowed under the permit until the date the permittee receives the permit issued by the commission. [Pre-1973 Recodification Citation: 7-2-1-14(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.2; P.L.205-1999, SEC.8; P.L.250-2003, SEC.7; P.L.224-2005, SEC.2; P.L.196-2015, SEC.3; P.L.285-2019, SEC.10.

Ind. Code § 7.1-3-1-3.1 Letters of extension

Sec. 3.1. (a) Notwithstanding section 3 of this chapter, any member of the commission may issue an original letter of extension extending the term of a permit for a maximum period of ninety (90) days for good cause shown upon the written request of the permittee and payment of the fee if required. (b) Upon the expiration of an original letter of extension, or any renewal thereof, if good cause still exists, subsequent renewals of the extension may be granted to that permittee only upon the affirmative vote of a majority of the members of the commission. Any member of the commission may issue a subsequent extension if the need for a subsequent extension is due to an act or omission of: (1) the commission; (2) a local board; or (3) a third party that is unrelated to the permittee involved and is not employed by or under the control of the permittee. As added by Acts 1982, P.L.69, SEC.5. Amended by P.L.163-2025, SEC.8.

Ind. Code § 7.1-3-1-3.5 Expired

As added by Acts 1982, P.L.69, SEC.6. Amended by P.L.250-2003, SEC.8; P.L.285-2019, SEC.11; P.L.194-2021, SEC.23. Expired 7-1-2024 by P.L.285-2019, SEC.11.

Ind. Code § 7.1-3-1-4 Applications for permits; general

Sec. 4. The commission shall issue a permit authorized by this title only upon proper application. The application shall be in the form and manner prescribed by the commission. The application shall contain the terms and information required by this title or by the rules and regulations of the commission. The appropriate surety bond, if one is required, also shall be submitted with the application. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.22; P.L.145-2024, SEC.2.

Ind. Code § 7.1-3-1-5 Application for permits; disclosures; permit premises pending

Sec. 5. (a) Except as provided in subsection (b), an application for a permit to sell alcoholic beverages of any kind, and the required publication of notice, shall disclose the name of the applicant and the specific address where the alcoholic beverages are to be sold, and any assumed business name under which the business will be conducted. The application and notice also shall disclose: (1) the names of the president and secretary of the corporation, club, association, or organization who will be responsible to the public for the sale of the alcoholic beverage if the applicant is a corporation, club, association, or other type of organization; or (2) the website where a member of the public may access the information in subdivision (1). (b) An application for a permit may be processed by the commission while the location of the permit premises is pending, upon a showing of need by the permit applicant. Any permit issued by the commission while the location of the permit premises is pending shall be placed immediately on deposit with the commission under section 3.5 of this chapter (before July 1, 2019) or (after June 30, 2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If a permit issued by the commission is deposited with the commission under this subsection: (1) the applicant must go before the local board for approval of the applicant; and (2) before making the permit active, the permittee must go before the local board for approval of the location. [Pre-1973 Recodification Citation: 7-1-1-31.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.7; P.L.196-2015, SEC.4; P.L.285-2019, SEC.12; P.L.194-2021, SEC.24; P.L.1-2025, SEC.110.

Ind. Code § 7.1-3-1-5.3 Notice to plan commission of application, renewal, or transfer of permit within its jurisdiction

Sec. 5.3. (a) This section applies to an application for a new permit, renewal of a permit, or transfer of a permit authorized by this article for a location in a: (1) second or third class city; or (2) county other than a county containing a consolidated city. (b) As used in this section, "plan commission" has the meaning set forth in IC 36-7-1-14. (c) A director of a plan commission may request the commission to notify the plan commission that the commission has received an application for a permit for a location within the territory where the plan commission has jurisdiction. (d) If the commission receives a request under subsection (c), the commission shall provide to the appropriate plan commission a copy of the notice that the commission submits for publication to meet the requirements of section 5 of this chapter. The commission shall send by mail or electronically the copy to the plan commission no later than the day that the commission submits the notice for publication. As added by P.L.70-1997, SEC.1. Amended by P.L.145-2024, SEC.3.

Ind. Code § 7.1-3-1-5.5 Applications for permits; counties with consolidated city; notice; affidavit

Sec. 5.5. (a) This section applies only in a county having a consolidated city. (b) As used in this section, "contiguous property owner" refers to a property owner who has real property that is geographically adjacent to or in contact with any point on the border of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises. (c) As used in this section, "neighboring property owner" means: (1) a contiguous property owner; or (2) a property owner who has real property that: (A) is geographically adjacent to or in contact with any point on the border of the property of a contiguous property owner; and (B) some portion of which is within five hundred (500) feet of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises. (d) As used in this section, "principal owner" means any person or entity holding at least a fifteen percent (15%) interest in the business for which a permit is sought to sell alcoholic beverages. (e) As used in this section, "property owner" means any person whose name and address appears in the county assessor's real property tax assessment records as a person responsible for the payment of property taxes on a parcel of real property. (f) Except as provided in section 28(d) of this chapter, subsection (g) applies to a location in the consolidated city only if: (1) the application is for a liquor dealer's permit for a location within the boundaries of the special fire service district, as determined in conformity with IC 7.1-3-22-8; or (2) the local alcoholic beverage board requires the applicant to comply with subsection (g). (g) In addition to the notice required by section 5 of this chapter, the applicant for a new permit, or a transfer of a permit to sell alcoholic beverages of any type or at any location must, at least fifteen (15) days before the date of the local alcoholic beverage board hearing, mail notice of the hearing at the applicant's expense to the following: (1) Each neighboring property owner. (2) The department of metropolitan development of the consolidated city. (3) The following entities that have registered with the department of metropolitan development of the consolidated city: (A) The principal, headmaster, or other primary administrator of each public, private, or parochial elementary or secondary school located less than one thousand (1,000) feet from the property line of the applicant's property. (B) Each church that is located less than one thousand (1,000) feet from the property line of the applicant's property. (C) Each neighborhood association that represents the area in which the applicant's property is located. (h) The notice that the applicant mails must provide the following information: (1) The name and address of the applicant, or if the applicant is a corporation, a club, an association, or an organization, the name and address of the applicant's president, secretary, and principal owners who will be responsible to the public for the sale of alcoholic beverages. (2) A statement that the applicant has filed an application with the alcohol and tobacco commission for the sale of alcoholic beverages. (3) The specific address where alcoholic beverages are asked to be sold. (4) The type of alcoholic beverage permit applied for. (5) The date, time, and location of the public hearing before the local alcoholic beverage board regarding the application. (6) That if there is a desire to remonstrate against the application, the recipient of the notice may attend this public hearing. (i) The applicant shall furnish evidence of the applicant's compliance with this section by filing an affidavit with the local alcoholic beverage board at the public hearing on the application. The affidavit must list the names and addresses of the individuals or other entities to which notice was mailed by the applicant. (j) In addition to the information required by subsection (i), the applicant shall file with the local alcoholic beverage board at the public hearing the following information: (1) Verification from a department of the consolidated city designated by ordinance that the applicant is in compliance with zoning requirements for the premises to be licensed. (2) Verification from the department of state revenue that the applicant does not have any outstanding income tax, excise tax, or sales tax liabilities. (3) Verification from the county treasurer that the applicant does not have any outstanding property tax liability. (k) Subsection (j)(1) does not apply to a permit holder that received and held a permit before September 1, 1987. (l) Notwithstanding subsection (f)(1), an applicant seeking a transfer of a permit from a permit holder to a new permit holder when the new permit holder does not intend to change the nature of the business operated under the permit may apply to the local board for a waiver of the notice requirement in subsection (g). The local board may consider any information the local board considers relevant in making a determination to approve or deny the waiver request. The local board must approve or deny a waiver request at the first regularly scheduled meeting that occurs at least fifteen (15) days after the local board receives the waiver request from the applicant. As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3; P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23; P.L.10-2010, SEC.3.

Ind. Code § 7.1-3-1-5.6 Permit renewal requirements

Sec. 5.6. (a) This section applies only in a county having a consolidated city. (b) This section applies only to an application for the renewal of a permit to sell alcoholic beverages. (c) The definitions set forth in section 5.5 of this chapter apply to this section. (d) The renewal of a permit is subject to IC 7.1-3-19-9.5. (e) Except as provided in section 28(d) of this chapter, subsections (f) and (g) apply to a location in the consolidated city only if the application is for a liquor dealer's permit. (f) Notwithstanding subsection (d), if: (1) an applicant has been cited for a violation of law or a rule of the commission; or (2) the local alcoholic beverage board has received at least five (5) written complaints against the applicant alleging a violation of law or a rule of the commission; then upon direction of the local board, the applicant shall, at least fifteen (15) days before the date of the local alcoholic beverage board hearing, mail notice of the hearing at the applicant's expense as provided in subsection (g). (g) The applicant shall mail the notice required under subsection (f) to the following: (1) Each neighboring property owner. (2) The department of metropolitan development of the consolidated city. (3) The following entities that have registered with the department of metropolitan development of the consolidated city: (A) The principal, headmaster, or other primary administrator of each public, private, or parochial elementary or secondary school located less than one thousand (1,000) feet from the property line of the applicant's property. (B) Each church that is located less than one thousand (1,000) feet from the property line of the applicant's property. (C) Each neighborhood association that represents the area in which the applicant's property is located. (h) The notice that the applicant mails must provide the following information: (1) The name and address of the applicant, or if the applicant is a corporation, a club, an association, or an organization, the name and address of the applicant's president, secretary, and principal owners who will be responsible to the public for the sale of alcoholic beverages. (2) A statement that the applicant has filed an application with the alcohol and tobacco commission for the sale of alcoholic beverages. (3) The specific address where alcoholic beverages are asked to be sold. (4) The type of alcoholic beverage permit applied for. (5) The date, time, and location of the public hearing before the local alcoholic beverage board regarding the application. (6) That if there is a desire to remonstrate against the application, the recipient of the notice may attend this public hearing. (i) The applicant shall furnish evidence of the applicant's compliance with this section by filing an affidavit with the local alcoholic beverage board at the public hearing on the application. The affidavit must list the names and addresses of the persons to whom notice was mailed by the applicant. (j) In addition to the information required by subsection (i), the applicant shall file with the local alcoholic beverage board at the public hearing the following information: (1) Verification from the department of metropolitan development of the consolidated city that the applicant is in compliance with zoning requirements for the premises to be licensed. (2) Verification from the department of state revenue that the applicant does not have any outstanding income tax, excise tax, or sales tax liabilities. (3) Verification from the county treasurer that the applicant does not have any outstanding property tax liability. (k) Subsection (j)(1) does not apply to a permit holder that received and held a permit before September 1, 1987. As added by P.L.52-1994, SEC.4. Amended by P.L.2-1995, SEC.38; P.L.106-1995, SEC.5; P.L.204-2001, SEC.24.

Ind. Code § 7.1-3-1-6 Applications for permits; consent to search

Sec. 6. Applications for Permits: Consent to Search. An application for a permit shall contain the express statement of the applicant that he consents for the duration of the permit term, if it is issued to him, to the entrance, inspection, and search by an enforcement officer, without a warrant or other process, of his licensed premises and vehicles to determine whether he is complying with the provisions of this title. The consent required by this section is renewed and continued by the retention of a permit or its use by a permittee. [Pre-1973 Recodification Citation: 7-1-1-42(e).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-6.4 Insurance coverage requirements

Sec. 6.4. (a) This section applies to the holder of one (1) or more of the following: (1) A retailer's permit. (2) A craft manufacturer's permit, if alcoholic beverages are served for consumption on the licensed premises. (b) A permit holder must maintain during the permit term: (1) a liquor liability insurance policy; or (2) an endorsement to a general liability insurance policy; that has liquor liability coverage. (c) The insurance coverage requirements under subsection (b) do not apply: (1) while a permit is on deposit under IC 7.1-3-1.1; or (2) if the establishment that operates under the permit has annual gross sales from the sale of alcoholic beverages for on premises consumption of less than twenty-five thousand dollars ($25,000). (d) If an establishment operates under: (1) a retailer's permit; and (2) a craft manufacturer's permit; the insurance coverage requirements under subsection (b) apply to the establishment as a whole. The permit holder is not required to maintain the total insurance coverage requirements for each permit that is issued to the establishment. (e) A permit holder must provide the commission with proof of insurance coverage: (1) to apply for or renew a permit; (2) before the commission may make a permit active that is on deposit under IC 7.1-3-1.1; or (3) at any time, upon the request of the commission. (f) The commission may deny, suspend, revoke, or not renew a permit, if the permit holder fails to maintain the insurance coverage required under this section. (g) After June 30, 2024, the commission may not: (1) issue, renew, or transfer a permit; or (2) make a permit active that is on deposit under IC 7.1-3-1.1; unless the permit applicant or permit holder complies with this section. This subsection expires July 1, 2027. (h) A permit holder that holds an active permit issued before July 1, 2024, must comply with this section not later than January 1, 2025, or the commission may suspend or revoke the permit. This subsection expires July 1, 2027. As added by P.L.167-2024, SEC.4. Amended by P.L.163-2025, SEC.9.

Ind. Code § 7.1-3-1-7 Surety bonds; amounts

Sec. 7. (a) An applicant for a brewer's permit, a distiller's permit, or a liquor wholesaler's permit shall file with the commission a surety bond in the penal sum of ten thousand dollars ($10,000). (b) An applicant for a rectifier's permit shall file with the commission a surety bond in the penal sum of fifteen thousand dollars ($15,000). (c) An applicant for a vintner's permit shall file with the commission a surety bond in the penal sum of one thousand dollars ($1,000). [Pre-1973 Recodification Citations: 7-1-1-9; 7-1-1-16; 7-1-1-17; 7-1-1-18; 7-1-1-22; 7-1-1-23; 7-1-1-30.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.1; P.L.205-1999, SEC.9.

Ind. Code § 7.1-3-1-8 Terms and conditions of surety bond

Sec. 8. Terms and Conditions of Surety Bond. The required surety bond of an applicant shall meet with the approval of the commission. The bond shall be made payable to the State of Indiana and be conditioned that so long as the applicant holds his permit unrevoked, he will not violate a provision of this title or a rule or regulation of the commission relating to his permit. The bond also shall be conditioned that he will account for all taxes and fees levied by this title on the products manufactured, sold, or withdrawn for sale by the applicant under his permit. A permittee shall keep the bond in full force and effect continuously in order to keep his permit in force. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-9 Recovery on bond

Sec. 9. Recovery on Bond. The State of Indiana may recover the sum of one hundred dollars ($100), and no more, in any one (1) action on a permittee's surety bond for the violation of a rule or regulation of the commission. The State of Indiana may recover no more than two hundred dollars ($200) in any one (1) action on the surety bond for the violation of a provision of this title. Violations prior to the institution of the action on the bond shall be deemed one (1) continuing violation. However, the State of Indiana may recover the full amount of all taxes and fees due and owing by the permittee under this title in a single action on the bond. No person shall bring an action on the bond except the State of Indiana for the use and benefit of the state. [1973 Recodification Citation: New.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-10 Surety bond; approval

Sec. 10. Surety Bonds: Approval. The commission shall keep a surety bond filed under this title safely in its files. The commission shall not approve a surety bond unless the surety company is solvent and qualified to do business in this state. The commission, before approving a surety bond, shall require the commissioner of the department of insurance to furnish to the commission copies of reports of the surety company and other information concerning the reserves and reliability of the company. [Pre-1973 Recodification Citations: 7-1-1-41; 7-1-1-42(f).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-11 Cash in lieu of bond

Sec. 11. Cash in Lieu of Bond. Cash, or bonds of the United States, or both, may be tendered to the commission in lieu of a surety bond required by the provisions of this title if it is tendered on the same terms and conditions as a surety bond. [Pre-1973 Recodification Citation: 7-1-1-42(d).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-12 Cancellation of surety bond

Sec. 12. Cancellation of Surety Bond. A surety may not cancel or annul a surety bond filed in accordance with the provisions of this title after it has been approved by the commission. However, a surety, with the consent of the commission, may cancel a bond and be released from liability accruing after the effective date of the cancellation. The commission shall not approve a cancellation until the surety has paid and discharged in full its liability to the state on the bond to the date of the approval of the cancellation. [Pre-1973 Recodification Citation: 7-1-1-42(f).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-13 Repealed

[Pre-1973 Recodification Citation: 7-1-1-42(f).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.10; P.L.204-2001, SEC.25. Repealed by P.L.153-2015, SEC.2.

Ind. Code § 7.1-3-1-13.5 Payments

Sec. 13.5. (a) As used in this section, "credit card" means a: (1) credit card; (2) debit card; (3) charge card; or (4) stored value card. (b) The commission shall accept a payment to the commission for any purpose by any of the following financial instruments: (1) Cash. (2) Certified check. (3) Cashier's check. (4) Check drawn on the bank deposit of a business. (5) Valid postal money order of the United States. (6) Bank draft. (7) Money order. (8) Bank card or credit card. (9) Electronic funds transfer. (10) Any other financial instrument authorized by the commission. (c) If there is a charge to the commission for the use of a financial instrument, the commission may collect a sum equal to the amount of the charge from the person who uses the financial instrument. (d) A procedure authorized for a particular type of payment must be uniformly applied to all payments of the same type. (e) The commission may contract with a bank card or credit card vendor for acceptance of bank cards or credit cards. However, if there is a vendor transaction charge or discount fee, whether billed to the commission or charged directly to the commission's account, the commission may collect from the person using the card: (1) an official fee that may not exceed the transaction charge or discount fee charged to the commission by bank or credit card vendors; or (2) a reasonable convenience fee: (A) that may not exceed three dollars ($3); and (B) that must be uniform regardless of the bank card or credit card used. The fees described in subdivisions (1) and (2) may be collected regardless of retail merchant agreements between the bank and credit card vendors that may prohibit such fees. These fees are permitted additional charges under IC 37-2-4-5. (f) The commission may pay any applicable bank card or credit card service charge associated with the use of a bank card or credit card under this section. As added by P.L.153-2015, SEC.3. Amended by P.L.115-2026, SEC.13.

Ind. Code § 7.1-3-1-14 Times when sales lawful; athletic or sports events in specified counties or cities; auto racing

Sec. 14. (a) Except as otherwise specifically provided in this title, an appropriate permittee may sell alcoholic beverages each day Monday through Sunday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. (b) The holder of a retailer's permit may sell the appropriate alcoholic beverages as follows: (1) Monday through Sunday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day, the holder of a retailer's permit may sell the appropriate alcoholic beverages for consumption on the licensed premises. (2) If the holder of a retailer's permit satisfies the requirements under this title for selling alcoholic beverages for consumption off the licensed premises, the permit holder may also sell carryout: (A) Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day; and (B) Sunday from noon, prevailing local time, until 8 p.m., prevailing local time. (c) The holder of a dealer's permit may sell the appropriate alcoholic beverages for carryout at the following times: (1) Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. (2) Sunday from noon, prevailing local time, until 8 p.m., prevailing local time. (d) It is lawful for the holder of a permit under this article to sell alcoholic beverages at athletic or sports events held on Sunday upon premises that: (1) are described in section 25(a) of this chapter; (2) are a facility used in connection with the operation of a paved track more than two (2) miles in length that is used primarily in the sport of auto racing; or (3) are being used for a professional or an amateur tournament; beginning one (1) hour before the scheduled starting time of the event or, if the scheduled starting time of the event is 1 p.m. or later, beginning at noon. (e) It is lawful for the holder of a valid beer, wine, or liquor wholesaler's permit to sell to the holder of a valid retailer's or dealer's permit at any time. [Pre-1973 Recodification Citation: 7-2-1-7.] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.2. As amended by P.L.99-1983, SEC.1; P.L.102-1989, SEC.1; P.L.64-1990, SEC.1; P.L.72-1991, SEC.1; P.L.1-1992, SEC.28; P.L.106-1995, SEC.6; P.L.205-1999, SEC.11; P.L.136-2000, SEC.1; P.L.72-2004, SEC.4; P.L.224-2005, SEC.3; P.L.165-2006, SEC.3; P.L.10-2010, SEC.4; P.L.1-2018, SEC.2.

Ind. Code § 7.1-3-1-15 Service while standing

Sec. 15. Service While Standing. It is lawful for a retail permittee to serve an alcoholic beverage to a customer whether the customer is seated or standing. It also is lawful for a customer of a retail permittee to be served an alcoholic beverage and to consume it whether he is seated or standing. [Pre-1973 Recodification Citation: 7-2-1-9(f).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-16 Repealed

[Pre-1973 Recodification Citation: 7-1-1-8(3).] As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.

Ind. Code § 7.1-3-1-17 Transportation of alcoholic beverages; general

Sec. 17. Transportation of Alcoholic Beverages: General. The traffic and transportation of alcohol and alcoholic beverages for sale within this state shall be subject to the rules and regulations of the commission. Alcohol and alcoholic beverages shall be transported and delivered only in containers that are lawful under this title and permissible under the rules and regulations of the commission. [Pre-1973 Recodification Citation: 7-1-1-17.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-18 Publication of notice

Sec. 18. (a) Except as provided in subsections (d) and (e), if publication of notice of application for a permit is required under this title, the publication shall be made in one (1) newspaper of general circulation published in the county where the permit is to be in effect. (b) Publication required under subsection (a) may be made in any newspaper of general circulation published one (1) or more times each week. (c) The rates which shall be paid for the advertising of a notice required under this title shall be those required to be paid in case of other notices published for or on behalf of the state. (d) The commission may publish notice of application for a three-way permit for a restaurant described in IC 7.1-3-20-12(4) by posting the notice on the commission's website. (e) If: (1) the commission is unable to procure advertising of a notice as required under subsection (a) at the rates set forth in IC 5-3-1; or (2) the newspaper published in the county as described in subsection (a) refuses to publish the notice; the commission may, instead of publication in a newspaper as required under subsection (a), require the designated member of the local board of the county to post printed notices in three (3) prominent locations in the county. [Pre-1973 Recodification Citations: 7-1-1-41; 7-3-1-1.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.4; P.L.196-2015, SEC.5; P.L.285-2019, SEC.13; P.L.1-2025, SEC.111.

Ind. Code § 7.1-3-1-19 Character of the business test

Sec. 19. Character of the Business Test. Whenever the character of the business in which an applicant is engaged is material to his being issued a permit under this article, or is material to his being qualified to continue to hold the permit, it must be made to appear to the satisfaction of the commission that a substantial portion of the business carried on, or to be carried on, in the premises in respect to which a permit is applied for is in the nature of the applicant's main business function in the premises. [Pre-1973 Recodification Citation: 7-1-1-8(5).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-20 Display of permit

Sec. 20. A person to whom a permit has been issued to carry on any of the businesses or undertakings authorized by this title shall, before being fully qualified to do business, post and display, and keep posted and displayed, in the most conspicuous place in the person's licensed premises the person's permit to do business. [Pre-1973 Recodification Citation: 7-1-1-42(h).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.77-1988, SEC.1.

Ind. Code § 7.1-3-1-21 Sponsoring amateur athletic event

Sec. 21. The holder of a permit of any type issued under the provisions of this title or a manufacturer of an alcoholic beverage may sponsor, finance, or promote in any way an amateur athletic contest, amateur athletic team, or amateur athletic sporting event of any kind. [Pre-1973 Recodification Citation: 7-1-5-1.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.57-1984, SEC.3.

Ind. Code § 7.1-3-1-22 Medical exemption

Sec. 22. Medical Exemption. A regularly licensed physician, a dentist, or a person holding a license to practice medicine, or to engage in a profession in which the treatment of the human body, or of an animal body, is necessarily involved, a clinic, a noncommercial laboratory, a hospital or a sanitarium, may acquire, own and dispense for medicinal, mechanical or scientific purposes only, and not for beverage purposes, an alcoholic beverage or ethyl alcohol without a permit being issued under this title. [Pre-1973 Recodification Citation: 7-1-1-42(b).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-23 Pharmacy exemption

Sec. 23. A registered pharmacist who owns or manages a regularly licensed drug store and who is not the holder of a drug store permit issued pursuant to the provisions of IC 7.1-3-10, but who is the holder of an unrevoked permit of the Indiana Board of Pharmacy, may acquire, own and use only in the compounding of physician's prescriptions two (2) gallons of ethyl alcohol per year without a permit being issued under this title. [Pre-1973 Recodification Citation: 7-1-1-42(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.104.

Ind. Code § 7.1-3-1-23.5 Wine appreciation course instructor exemption

Sec. 23.5. An instructor teaching a class on wine appreciation at an accredited college or university (as described under IC 24-4-11-2) may purchase, acquire, possess, and dispense wine for educational purposes within the class without a permit under this title. As added by P.L.54-2008, SEC.1.

Ind. Code § 7.1-3-1-24 Religious exemption

Sec. 24. Religious Exemption. A pastor, rabbi, minister, or priest may purchase, acquire, possess and dispense wine for sacramental purposes or for performing a religious rite only without a permit being issued under this title. [Pre-1973 Recodification Citation: 7-1-1-42(b).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-1-25 Authorization to permit the sale of alcoholic beverages at certain public facilities

Sec. 25. (a) A county, city, town, or township that by itself or in combination with any other body of a county, city, town, or township acquires by ownership or by lease any stadium, exhibition hall, auditorium, theater, convention center, civic center, or park or public recreation area with a permanent event or entertainment space may permit the retail sale of alcoholic beverages upon the premises if: (1) the governing board of the facility; or (2) a person that has an agreement with the governing board of the facility to act as concessionaire for the permitted premises; first applies for and secures the necessary permits as required by this title. (b) A: (1) county or township; or (2) person that has an agreement with the county or township to act as concessionaire for the permitted premises; may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center, including a clubhouse, pavilion, or social center that is located within a public park or operated by the township. (c) A county, city, town, or township that owns a golf course may permit the retail sale of alcoholic beverages upon the premises of the golf course if: (1) the governing board of the golf course; or (2) a person that has an agreement with the governing board of the golf course to act as concessionaire for the golf course; first applies for and secures the necessary permits required by this title. (d) A: (1) county, city, town, or township that owns a marina; or (2) person that has an agreement with the county, city, town, or township to act as concessionaire for the marina; may be issued a permit for the retail sale of alcoholic beverages on the premises of the marina. The permit may include the carryout sale of alcoholic beverages in accordance with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not include at-home delivery of alcoholic beverages. However, the county, city, town, or township, or a person that has an agreement with the county, city, town, or township to act as concessionaire for the permitted premises, must apply for and secure the necessary permits that this title requires. (e) Notwithstanding subsection (a), the commission may issue a civic center permit to a person that: (1) by the person's self or in combination with another person is the proprietor, as owner or lessee, of an entertainment complex; or (2) has an agreement with a person described in subdivision (1) to act as a concessionaire for the entertainment complex for the full period for which the permit is to be issued. [Pre-Local Government Recodification Citation: 19-7-38-1.] As added by Acts 1980, P.L.8, SEC.64. Amended by Acts 1982, P.L.1, SEC.22; P.L.100-1983, SEC.1; P.L.57-1984, SEC.4; P.L.85-1985, SEC.4; P.L.112-1987, SEC.3; P.L.103-1989, SEC.1; P.L.12-1992, SEC.55; P.L.87-1993, SEC.1; P.L.71-1996, SEC.3; P.L.71-1997, SEC.1; P.L.205-1999, SEC.12; P.L.136-2000, SEC.2; P.L.170-2002, SEC.54; P.L.165-2006, SEC.4; P.L.119-2012, SEC.79; P.L.285-2019, SEC.14; P.L.145-2024, SEC.4; P.L.163-2025, SEC.10.

Ind. Code § 7.1-3-1-26 Sales among collectors

Sec. 26. No permit is required for the sale, purchase, or gift by a collector to another collector of a container that is: (1) a ceramic commemorative bottle; or (2) a uniquely designed decanter. An unbroken federal tax stamp must be on the container at the time of the sale, purchase, or gift. As added by P.L.57-1984, SEC.5.

Ind. Code § 7.1-3-1-27 Affidavit of compliance by retailer permittee; financial statements

Sec. 27. (a) Notwithstanding any other provision of this article, a retailer permittee who is required to comply with the gross food and beverage sales, or gross food sales, standards contained in this article as a condition of receiving, continuing to hold, or renewing, the permittee's permit, or otherwise doing business, may attest to the permittee's compliance with those standards by filing an affidavit of compliance with the commission. (b) The affidavit of compliance authorized by subsection (a) must be in writing and signed by the permittee, or by a responsible officer or partner, under the penalties of perjury, that the representations contained in it are true. (c) If the commission has reasonable grounds to doubt the truthfulness of an affidavit filed pursuant to subsection (a), it may require the permittee to support it by audited financial statements. If the audited financial statements do not support the affidavit and show the required compliance with the applicable standards of this article, the commission may revoke the permit. As added by P.L.112-1987, SEC.4.

Ind. Code § 7.1-3-1-28 Posting notice of application

Sec. 28. (a) This section applies to the initial issuance, transfer of location, or transfer of ownership of the following: (1) Any form of retailer's permit issued under this title. (2) Any form of dealer's permit issued under this title. (b) To qualify for approval of an application, an applicant must show proof to the commission that the applicant has provided notice concerning the application in conformity with this section. (c) Except as provided in subsection (d), the applicant shall post a sign for the period, in the location, and in the form specified in the rules adopted by the commission to indicate to the public that the applicant is seeking the issuance of a retailer's or dealer's permit. The rules adopted by the commission must require that: (1) the wording on the sign be in a sufficiently large type size; and (2) the sign be posted in a sufficient manner in a window or another area; so that the sign is visible from the largest public thoroughfare or the nearest public thoroughfare in the vicinity of the applicant's location. The commission may require an applicant to use a sign prepared by the commission. The commission may charge a fee for a sign prepared by the commission that does not exceed the cost of the sign. (d) This subsection applies to a county having a consolidated city. If the application is for a permit other than a liquor dealer's permit, the applicant may: (1) post notice of the application as set forth in subsection (c); or (2) mail notice in accordance with: (A) section 5.5 of this chapter if the application is for a new permit or transfer of a permit; or (B) section 5.6 of this chapter if the application is for renewal of a permit. As added by P.L.204-2001, SEC.26.

Ind. Code § 7.1-3-1-29 Senior residence facility campus exemption

Sec. 29. (a) For purposes of this section, "health facility" does not include an intermediate care facility for individuals with intellectual disabilities. (b) As used in this section, "senior residence facility" means a: (1) health facility licensed under IC 16-28; or (2) housing with services establishment (as defined in IC 12-10-15-3). (c) For purposes of this section, "senior residence facility campus" means a senior residence facility and the property on which a senior residence facility is located. (d) A senior residence facility may, without a permit issued under this title, possess and give or furnish an alcoholic beverage, by the bottle, by the container, or by the glass, on the premises of the senior residence facility campus for consumption on the premises to any of the following: (1) A resident who: (A) is not a minor; and (B) resides on the premises of the senior residence facility. (2) A guest or family member of a resident described in subdivision (1) who: (A) is not a minor; and (B) is visiting the resident at the senior residence facility. (e) Subject to subsection (f), this section may not be construed to authorize a senior residence facility to sell alcoholic beverages on the premises of the senior residence facility campus without a permit under this title. (f) For purposes of this section, a senior residence facility that: (1) charges a: (A) room and board fee to residents of the senior residence facility; or (B) fee for organizing activities for: (i) residents of the senior residence facility; and (ii) guests or family members of the residents; (2) uses a portion of a fee described in subdivision (1) to: (A) purchase alcoholic beverages; and (B) furnish the alcoholic beverages to individuals described in subsection (d); and (3) does not purchase and furnish the alcoholic beverages for profit; is not considered to be selling alcoholic beverages. As added by P.L.196-2015, SEC.6. Amended by P.L.35-2016, SEC.3; P.L.194-2021, SEC.25.

Ind. Code § 7.1-3-1-30 Delivery to consumer's residence

Sec. 30. (a) This section applies to a permittee that sells and delivers alcoholic beverages to a consumer's residence, regardless of whether the delivery is made by the permittee, permittee's employees, or (if allowed under the permittee's permit) a third party delivery service. (b) A person delivering alcoholic beverages to a customer's residence must require the customer to provide proof of age in accordance with IC 7.1-5-10-23. As added by P.L.194-2021, SEC.26.
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