(a)The holder of an artisan distiller's permit
may do only the following:
(1)Manufacture liquor, including blending liquor purchased from
another manufacturer with liquor the artisan distiller
manufactures under section 11 of this chapter.
(2)Bottle liquor manufactured by the artisan distiller.
(3)Insert liquor manufactured by the artisan distiller into a
container.
(4)Store liquor manufactured by the artisan distiller, including at
a facility located within ten (10) miles of the artisan distiller's
distillery.
(5)Transport, sell, and deliver liquor manufactured by the artisan
distiller to:
(A)places outside Indiana; or
(B)the holder of a liquor wholesaler's permit under IC 7.1-3-8.
(6)Sell liquor manufactured by the artisan distiller to consumers
by the drink, bottle, container,
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(a) The holder of an artisan distiller's permit
may do only the following:
(1) Manufacture liquor, including blending liquor purchased from
another manufacturer with liquor the artisan distiller
manufactures under section 11 of this chapter.
(2) Bottle liquor manufactured by the artisan distiller.
(3) Insert liquor manufactured by the artisan distiller into a
container.
(4) Store liquor manufactured by the artisan distiller, including at
a facility located within ten (10) miles of the artisan distiller's
distillery.
(5) Transport, sell, and deliver liquor manufactured by the artisan
distiller to:
(A) places outside Indiana; or
(B) the holder of a liquor wholesaler's permit under IC 7.1-3-8.
(6) Sell liquor manufactured by the artisan distiller to consumers
by the drink, bottle, container, or case from the licensed premises
of the distillery where the liquor was manufactured.
Notwithstanding IC 7.1-1-3-20, the licensed premises may
include the distillery parking lot or an area adjacent to the artisan
distillery. The parking lot or adjacent area may only be used for
the purpose of conveying alcoholic beverages and other
nonalcoholic items to a customer subject to section 8.1 of this
chapter and may not be used for point of sale purposes or any
other purpose.
(7) Serve complimentary samples of the liquor manufactured by
the artisan distiller to consumers on the premises of the distillery
where the liquor was manufactured.
(8) Sell liquor as authorized by this section for carryout on
Sunday in a quantity at any one (1) time of not more than four and
five-tenths (4.5) liters.
(9) With the approval of the commission, participate:
(A) individually; or
(B) with other permit holders under this chapter, holders of
farm winery permits, holders of brewer's permits issued under
IC 7.1-3-2-2(b), or any combination of holders described in this
clause;
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 subdivision to participate in a trade
show or exposition for more than seventy-five (75) days in a
calendar year.
(10) 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 liquor directly from the artisan distillery to a
restaurant that the artisan distiller has an interest in by means
of:
(i) bottles;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the artisan distillery 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 artisan
distillery and an adjacent restaurant that provides the public and
the holder of the permit with access to both the artisan distillery
and restaurant.
(11) A holder that does not distribute through an Indiana liquor
wholesaler is entitled under the artisan distiller's permit to sell and
deliver to a person holding a liquor retailer or liquor dealer permit
under this title a total of not more than two thousand (2,000)
gallons of the artisan distillery's liquor in a calendar year, if the
artisan distiller has not sold in Indiana more than ten thousand
(10,000) 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.
(12) Sell, donate, transport, and deliver liquor manufactured by
the artisan distiller 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.
(13) With the approval of the commission under subdivision (9),
the holder of a permit may participate in a farmers' market at
which products of the permit holder are displayed, promoted, and
sold. The holder of a permit:
(A) may not offer samples of liquor for consumption on the
premises; and
(B) may sell its liquor in qualified containers for consumption
off the premises.
(14) Manufacture liquor at the licensed premises for another
holder of an artisan distiller's permit. Upon completion of the
manufacturing of the liquor for another permit holder under this
subdivision, the product must be transported to the permit holder
for which the liquor was manufactured. To qualify under this
subdivision:
(A) the permit holder for which the liquor is manufactured must
have manufactured not less than forty (40) gallons of liquor
produced from raw materials at the permit holder's licensed
premises in the previous calendar year; and
(B) the total number of gallons of liquor that a permit holder
manufactures under this subdivision may not exceed the
number of gallons of liquor the permit holder produced from
raw materials at the permit holder's licensed premises in the
same calendar year.
All records required by the federal Alcohol and Tobacco Tax and
Trade Bureau regarding the number of gallons of liquor produced
from raw materials at the licensed premises of a permit holder
must be available to the commission upon request. The activity
under this subdivision is not an interest under IC 7.1-5-9.
(b) The holder of an artisan distiller's permit who provides samples
or sells liquor by the glass must furnish the minimum food
requirements prescribed by the commission.
(c) A storage facility used by an artisan distiller under subsection
(a)(4) must conform with federal laws, rules, and regulations. An
artisan distiller may transfer liquor from a separate storage facility back
to the artisan distillery. An artisan distiller may sell or transfer liquor
directly to a liquor wholesaler from a storage facility that is separate
from the artisan distillery. An artisan distiller may not sell or transfer
liquor from a storage facility to any other permittee or a consumer. The
artisan distiller shall maintain an adequate written record of the liquor
transferred:
(1) between the artisan distillery and the storage facility; and
(2) from the storage facility to the liquor wholesaler.
(d) The holder of an artisan distiller's permit may transport liquor to
and from a brewery located within the same county for the purposes of
carbonating and canning by the brewery. The activity under this
subsection is not an interest under IC 7.1-5-9.
(e) An artisan distiller who knowingly or intentionally violates this
section commits a Class B misdemeanor.