This text of Indiana § 7.1-3-14-4 (Scope of permit) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
(a)The holder of a wine retailer's permit is
entitled to purchase wine only from a permittee entitled to sell to the
wine retailer under this title. A wine retailer is entitled to possess wine
and sell wine at retail to a customer for consumption on the licensed
premises. A wine retailer is also entitled to sell wine to a customer and
deliver wine in permissible containers to the customer on the licensed
premises or to the customer's house. This delivery may only be
performed by the permit holder or an employee who holds an employee
permit. 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. Subject to subsection (g), a wine
retailer also may prepare and package wine in qualif
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(a) The holder of a wine retailer's permit is
entitled to purchase wine only from a permittee entitled to sell to the
wine retailer under this title. A wine retailer is entitled to possess wine
and sell wine at retail to a customer for consumption on the licensed
premises. A wine retailer is also entitled to sell wine to a customer and
deliver wine in permissible containers to the customer on the licensed
premises or to the customer's house. This delivery may only be
performed by the permit holder or an employee who holds an employee
permit. 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. Subject to subsection (g), a wine
retailer also may prepare and package wine in qualified containers for
sale and delivery to a customer on the licensed premises for
consumption off the licensed premises.
(b) A wine retailer is not entitled to sell wine at wholesale. A wine
retailer is not entitled to sell and deliver wine on the street or at the
curb outside the licensed premises, nor is the wine retailer entitled to
sell wine at a place other than the licensed premises. However, a wine
retailer may offer food service (excluding alcoholic beverages) to a
patron who is outside the licensed premises by transacting business
through a window in the licensed premises.
(c) A wine retailer is entitled to sell and deliver wine for carry out,
or for at-home delivery. A wine retailer that delivers wine to a
customer's residence must require the customer to provide proof of age
in accordance with IC 7.1-5-10-23.
(d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the
wine retailer may include the wine retailer parking lot or an area
adjacent to the wine retailer that may only be used for the purpose of
conveying alcoholic beverages and other nonalcoholic items to a
customer, and may not be used for point of sale purposes or any other
purpose. Any alcoholic beverages conveyed to the customer must
satisfy the following:
(1) Alcoholic beverages that are in the sealed original containers
must be placed in a bag that is stamped, printed, or labeled on the
outside: "CONTAINS ALCOHOLIC BEVERAGES".
(2) Alcoholic beverages that are prepared by the wine retailer
must be packaged by the wine retailer in qualified containers that
are:
(A) stamped, printed, or labeled on the outside: "CONTAINS
ALCOHOLIC BEVERAGES"; or
(B) placed in a bag stamped, printed, or labeled on the outside:
"CONTAINS ALCOHOLIC BEVERAGES".
(3) 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.
A retailer permittee may only convey a customer's order of alcoholic
beverages to the customer, if the customer has also purchased a meal
from the retailer permittee that is conveyed to the customer at the same
time as the alcoholic beverages.
(e) 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.
(f) 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 to the building of the
retailer premises.
(g) If a wine retailer prepares and packages wine:
(1) for sale and delivery to a customer on the licensed premises
for consumption off the licensed premises; and
(2) in a container that is not in a qualified container;
the commission may revoke the wine retailer's privilege under this
section of preparing and packaging wine for sale and delivery to a
customer in a qualified container.