§ 7.1-3-4-6 — Scope of permit

(a) The holder of a beer retailer's permit shall
be entitled to purchase beer for sale under the permit only from a
permittee entitled to sell to the beer retailer under this title. A beer
retailer shall be entitled to possess beer and sell beer at retail to a
customer for consumption on the licensed premises. A beer retailer also
shall be entitled to sell beer to a customer and deliver beer 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 beer retailer also may
prepare and package beer in qualified containers for sale and delivery
to a customer on the licensed premises for consumption off the licensed
premises.
(b) A beer retailer shall not be entitled to sell beer at wholesale. A
beer retailer shall not be entitled to sell and deliver beer on the street
or at the curb outside the licensed premises, nor shall a beer retailer be
entitled to sell beer at a place other than the licensed premises.
However, a beer 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 beer retailer shall be entitled to sell and deliver warm or cold
beer for carry out, or for at-home delivery, in barrels or other
commercial containers in a quantity that does not exceed fifteen and
one-half (15 1/2) gallons at any one (1) time. A beer retailer that
delivers beer 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 beer
retailer may include the beer retailer parking lot or an area adjacent to
the beer 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 beer retailer
must be packaged by the beer 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 beer retailer prepares and packages beer:
(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 beer retailer's privilege under this
section of preparing and packaging beer for sale and delivery to a
customer in a qualified container.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979,
P.L.83, SEC.2; P.L.112-1987, SEC.5; P.L.194-2021, SEC.31;
P.L.167-2024, SEC.5.