(a)The following apply to the holder of a farm
winery permit:
(1)A holder is entitled to manufacture wine and to place wine
produced by the permit holder's farm winery in bottles or other
permissible containers.
(2)A holder is entitled to serve complimentary samples of the
winery's wine on the licensed premises or an outside area that is
contiguous to the licensed premises, as approved by the
commission if each employee who serves wine on the licensed
premises:
(A)holds an employee's permit under IC 7.1-3-18-9; and
(B)completes a server training program approved by the
commission.
(3)A holder is entitled to sell the winery's wine on the licensed
premises to consumers either by:
(C)a box that contains a bag designed for storing and
dispensing wine;
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(a) The following apply to the holder of a farm
winery permit:
(1) A holder is entitled to manufacture wine and to place wine
produced by the permit holder's farm winery in bottles or other
permissible containers.
(2) A holder is entitled to serve complimentary samples of the
winery's wine on the licensed premises or an outside area that is
contiguous to the licensed premises, as approved by the
commission if each employee who serves wine on the licensed
premises:
(A) holds an employee's permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
commission.
(3) A holder is entitled to sell the winery's wine on the licensed
premises to consumers either by:
(A) the glass;
(B) the bottle;
(C) a box that contains a bag designed for storing and
dispensing wine;
(D) any combination of receptacles listed in clauses (A)
through (C); or
(E) any other container permissible under federal law.
Notwithstanding IC 7.1-1-3-20, the licensed premises may
include the farm winery parking lot or an area adjacent to the farm
winery. The parking lot or an adjacent area may only be used for
the purpose of conveying alcoholic beverages and other
nonalcoholic items to a customer subject to section 5.5 of this
chapter, and may not be used for point of sale purposes or any
other purpose.
(4) A holder is entitled to sell wine by:
(A) the bottle;
(B) the can;
(C) a box that contains a bag designed for storing and
dispensing wine;
(D) bulk container;
(E) the case; or
(F) any combination of receptacles listed in clauses (A) through
(E);
to a person who is the holder of a permit to sell wine at wholesale.
(5) A holder is exempt from the provisions of IC 7.1-3-14.
(6) A holder is entitled to advertise the name and address of any
retailer or dealer who sells wine produced by the permit holder's
winery.
(7) A holder for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the wine
on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine on
the licensed premises.
(8) A holder is entitled to purchase and sell bulk wine as set forth
in this chapter.
(9) A holder is entitled to sell wine as authorized by this section
for carryout on Sunday.
(10) A holder is entitled to sell and ship the farm winery's wine to
a person located in another state in accordance with the laws of
the other state.
(11) A holder is entitled to sell the farm winery's wine 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 farm winery as
approved by the commission.
(12) A holder is entitled to 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 and the gross
retail income requirements to sell carryout under IC 7.1-3-20-9.5.
A holder is entitled to conduct the following activities:
(A) Hold a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant.
(B) Transfer wine directly from the farm winery to a restaurant
that the farm winery has an interest in by means of:
(i) bottles or cans;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the farm winery and an adjacent
restaurant that allows the public and the holder of the permit to
view both premises.
(D) Install a doorway or other opening between the farm winery
and an adjacent restaurant that provides the public and the
holder of the permit with access to both the farm winery and
restaurant.
(13) A holder that does not distribute through an Indiana wine
wholesaler is entitled under the farm winery permit to sell and
deliver to a person holding a wine retailer or wine dealer permit
under this title a total of not more than three thousand (3,000)
gallons of the farm winery's wine in a calendar year, if the farm
winery has not sold in Indiana more than fifteen thousand
(15,000) gallons the previous calendar year. A holder that sells
and delivers under this subdivision shall comply with all
provisions applicable to a wholesaler in 905 IAC 1-5.1, 905 IAC
1-5.2, 905 IAC 1-21, 905 IAC 1-31, and 905 IAC 1-32.1.
(14) A holder may sell, donate, transport, and deliver wine to a
qualified organization conducting any of the following:
(A) An allowable event under IC 7.1-3-6.1.
(B) A charity auction under IC 7.1-3-6.2.
(C) An event under IC 7.1-3-6.3.
(b) With the approval of the commission, a holder of a permit under
this chapter may conduct business at not more than three (3) additional
locations that are separate from the winery. At the additional locations,
the holder of a permit may conduct any business that is authorized at
the first location, except for manufacturing wine or placing wine in
bottles or containers.
(c) A farm winery may transfer wine from a storage facility or an
additional location described in subsection (b). A farm winery may sell
or transfer wine directly to a wine wholesaler from a storage facility
separate from the farm winery or an additional location described in
subsection (b). A farm winery may not sell or transfer wine from a
storage facility to any other permittee or a consumer. The farm winery
shall maintain an adequate written record of wine transferred:
(1) between the farm winery and the storage facility; and
(2) from the storage facility to the wholesaler.
(d) With the approval of the commission, a holder of a permit under
this chapter may:
(1) individually; or
(2) with other permit holders under this chapter, holders of artisan
distiller's permits, holders of brewer's permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this
subdivision;
participate 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 approval under this subsection to a holder
of a permit under this chapter for more than seventy-five (75) days in
a calendar year.
(e) With the approval of the commission under subsection (d), a
holder of a permit may participate in a farmers' market at which
products of the permit holder are displayed, promoted, and sold. The
permit holder may:
(1) provide samples of the permit holder's wine for consumption
on the premises, subject to a limit of three (3) samples of not
more than one (1) ounce per person; and
(2) sell the permit holder's wine in a qualified container for
consumption off the premises.
[Pre-1973 Recodification Citation: 7-1-1-22.5.]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2.
As amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1;
P.L.201-1999, SEC.4; P.L.177-1999, SEC.7; P.L.235-2001, SEC.2;
P.L.41-2002, SEC.2; P.L.224-2005, SEC.7; P.L.165-2006, SEC.23;
P.L.186-2011, SEC.4; P.L.214-2016, SEC.8; P.L.85-2017, SEC.33;
P.L.270-2017, SEC.9; P.L.279-2019, SEC.5; P.L.285-2019, SEC.29;
P.L.194-2021, SEC.42; P.L.163-2025, SEC.33; P.L.164-2025, SEC.7;
P.L.186-2025, SEC.277.