Indiana § 7.1-3-26-9 Direct wine seller; conditions and requirements

Indiana Statutes

§ 7.1-3-26-9 — Direct wine seller; conditions and requirements

Indiana·Art. 3 PERMITS·Ch. 26 Direct Wine Seller's Permit

A direct wine seller's permit entitles a seller to sell and ship wine to a consumer by receiving and filling orders that the consumer transmits by electronic or other means if all of the following conditions are satisfied before the sale or by the times set forth as follows:

(1)The consumer provides the direct wine seller with the following:

(A)The consumer's name.

(B)A valid delivery address and telephone number.

(C)Proof of age by a state government issued or federal government issued identification card showing the consumer to be at least twenty-one (21) years of age. The proof under this clause may be evidenced:

(i)in person;

(ii)by a photocopy or facsimile copy that is mailed or electronically transmitted;

(iii)by a computer scanned, electronically transmitted copy; or

(iv)thr

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A direct wine seller's permit entitles a seller
to sell and ship wine to a consumer by receiving and filling orders that
the consumer transmits by electronic or other means if all of the
following conditions are satisfied before the sale or by the times set
forth as follows:
(1) The consumer provides the direct wine seller with the
following:
(A) The consumer's name.
(B) A valid delivery address and telephone number.
(C) Proof of age by a state government issued or federal
government issued identification card showing the consumer to
be at least twenty-one (21) years of age. The proof under this
clause may be evidenced:
(i) in person;
(ii) by a photocopy or facsimile copy that is mailed or
electronically transmitted;
(iii) by a computer scanned, electronically transmitted copy;
or
(iv) through an age verification service used by the direct
wine seller.
(2) The direct wine seller meets the following requirements:
(A) Maintains for two (2) years all records of wine sales made
under this chapter. If the records are requested by the
commission, a direct wine seller shall:
(i) make the records available to the commission during the
direct wine seller's regular business hours; or
(ii) at the direction of the commission, deliver copies to the
commission.
(B) Stamps, prints, or labels on the outside of the shipping
container the following: "CONTAINS WINE. SIGNATURE OF
PERSON AGE 21 OR OLDER REQUIRED FOR
DELIVERY.".
(C) Causes the wine to be delivered by the holder of a valid
carrier's alcoholic beverage permit under IC 7.1-3-18.
(D) Directs the carrier to verify that the individual personally
receiving the wine shipment is at least twenty-one (21) years of
age.
(E) Does not ship to any consumer more than two hundred
sixteen (216) liters of wine in any calendar year.
(F) Remits to the department of state revenue monthly all
Indiana excise, sales, and use taxes on the shipments made into
Indiana by the direct wine seller during the previous month.
(G) Ships to a consumer in Indiana only wine manufactured,
produced, or bottled by the applicant.

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