§ 7.1-3-3-5 — Scope of permit

Indiana § 7.1-3-3-5

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 3: Beer Wholesalers' Permits

Text

(a) The holder of a beer wholesaler's permit
may purchase and import from the primary source of supply, possess,
and sell at wholesale, beer and flavored malt beverages manufactured
within or without this state.
(b) A beer wholesaler permittee may possess, transport, sell, and
deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the
brand purchased;
(2) an employee; and
(3) a holder of a beer retailer's permit, beer dealer's permit,
temporary beer permit, dining car permit, boat permit, airplane
permit, or supplemental caterer's permit;
located within this state. The sale, transportation, and delivery of beer
shall be made only from inventory that has been located on the
wholesaler's premises before the time of invoicing and delivery.
(c) The beer wholesaler's bona fide regular employees may purchase
beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in an
amount not to exceed forty-eight (48) pints; or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery
of beer shall be subject to the rules of the commission and subject to
the same restrictions provided in this title for a person holding a
brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import,
possess, transport, sell, and deliver any commodity listed in IC 7.1-3-10-5, unless prohibited by this title. However, a beer wholesaler
may deliver flavored malt beverages only to the holder of one (1) of the
following permits:
(1) A beer wholesaler or wine wholesaler permit, if the wholesaler
is authorized by the primary source of supply to sell the brand of
flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary wine
permit, dining car wine permit, boat permit, airplane permit, or
supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9
and deliver the stored beer to another beer wholesaler that the
out-of-state brewer authorizes to sell the beer;
(2) perform all necessary accounting and auditing functions
associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services
described in subdivisions (1) through (2).
(g) A beer wholesaler may sell, donate, transport, and deliver beer
to a qualified organization for:
(1) an allowable event under IC 7.1-3-6.1;
(2) a charity auction under IC 7.1-3-6.2; or
(3) an event under IC 7.1-3-6.3;
located within this state. The sale, donation to a qualified organization,
transportation, and delivery of beer shall be made only from inventory
that has been located on the wholesaler's premises before the time of
invoicing and delivery.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.3;
Acts 1974, P.L.25, SEC.2. As amended by Acts 1978, P.L.52, SEC.1;
P.L.57-1984, SEC.6; P.L.78-1986, SEC.3; P.L.72-1996, SEC.4;
P.L.72-1997, SEC.2; P.L.224-2005, SEC.5; P.L.94-2008, SEC.28;
P.L.153-2015, SEC.4; P.L.163-2025, SEC.13.