§ 7.1-2-3-16 — Regulation of advertising

Indiana § 7.1-2-3-16

• Jurisdiction: Indiana
• Art. 2: ALCOHOL AND TOBACCO COMMISSION AND
• Ch. 3: Powers and Duties

Text

(a) The commission shall have the power to
regulate and prohibit advertising, signs, displays, posters, and designs
intended to advertise an alcoholic beverage or the place where
alcoholic beverages are sold.
(b) The commission shall not exercise the prohibition power
contained in subsection (a), as to any advertisement appearing in a
newspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest to the
community; and
(3) circulates generally to the public in any part of this state,
regardless of where printed.
However, a newspaper shall not include publications devoted to special
interests such as labor, religious, fraternal, society, or trade
publications or journals, or publications owned or issued by political
organizations or parties.
(c) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement broadcast over duly
licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether
published in a newspaper or broadcast over radio or television, shall
conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power
contained in subsection (a) as to advertising in the official program of
the Indianapolis 500 Race or the Madison Regatta, Inc., Hydroplane
Race.
(f) Notwithstanding any other law, the commission may not prohibit
the use of an illuminated sign advertising alcoholic beverages by brand
name that is displayed within the interior or on the exterior of the
premises covered by the permit, regardless of whether the sign is
illuminated constantly or intermittently. However, it is unlawful for a
primary source of supply or a wholesaler of alcoholic beverages to sell,
give, supply, furnish, or grant to, or maintain for a retail or dealer
permittee an illuminated advertising sign in a manner that violates the
trade practice restrictions of the commission or this title. It is unlawful
for a retail or dealer permittee to receive, accept, display, or permit to
be displayed, an illuminated advertising sign sold, given, supplied,
furnished, granted, or maintained in violation of this subsection. Unless
otherwise stated, when a recipient receives an illuminated sign, the
illuminated sign becomes the property and responsibility of the
recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;
however, those advertisements must conform to the rules of the
commission.
[Pre-1973 Recodification Citation: 7-1-1-5(12).]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1;
Acts 1975, P.L.70, SEC.1. As amended by P.L.98-1983, SEC.1;
P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.