§ 7.1-3-2-7 — Scope of permit

Indiana § 7.1-3-2-7

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 2: Brewers' Permits

Text

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.
(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.