§ 7.1-3-9-9 — Scope of permit

Indiana § 7.1-3-9-9

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 9: Liquor Retailers' Permits

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(a) The holder of a liquor retailer's permit shall
be entitled to purchase liquor only from a permittee entitled to sell to
the liquor retailer under this title. A liquor retailer shall be entitled to
possess liquor and sell liquor at retail to a customer for consumption on
the licensed premises. A liquor retailer also shall be entitled to sell
liquor to a customer and deliver liquor 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 liquor retailer also may prepare and package liquor in
qualified containers for sale and delivery to a customer on the licensed
premises for consumption off the licensed premises.
(b) A liquor retailer shall not be entitled to sell liquor at wholesale.
A liquor retailer shall not be entitled to sell and deliver liquor on the
street or at the curb outside the licensed premises, nor shall a liquor
retailer be entitled to sell liquor at a place other than the licensed
premises. However, a liquor 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 liquor retailer shall not be entitled to sell and deliver liquor for
carry out or for at-home delivery, in a quantity that exceeds four (4)
quarts at any one (1) time. A liquor retailer that delivers liquor 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
liquor retailer may include the liquor retailer parking lot or an area
adjacent to the liquor 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 liquor retailer
must be packaged by the liquor 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 liquor retailer prepares and packages liquor:
(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 liquor retailer's privilege under this
section of preparing and packaging liquor for sale and delivery to a
customer in a qualified container.
[Pre-1973 Recodification Citation: 7-1-1-19.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.112-1987, SEC.6; P.L.194-2021, SEC.37; P.L.167-2024,
SEC.6.