(a)Except as provided in subsections (c), (d),
(e), and (f), it is unlawful for a manufacturer of alcoholic beverages or
a permittee authorized to sell and deliver alcoholic beverages to:
(1)give to another permittee who purchases alcoholic beverages
from the manufacturer or permittee a gift; or
(2)except as provided in IC 7.1-3-2-9 and IC 7.1-3-3-5(f), have
a business dealing with the other permittee.
(b)This section does not apply to the sale and delivery and
collection of the sale price of an alcoholic beverage in the ordinary
course of business.
(c)If the promotional program is approved under the rules adopted
by the commission and is conducted in all wholesaler establishments
through which the manufacturer distributes alcoholic beverages in
Indiana, a manufacturer of alcoholic be
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(a) Except as provided in subsections (c), (d),
(e), and (f), it is unlawful for a manufacturer of alcoholic beverages or
a permittee authorized to sell and deliver alcoholic beverages to:
(1) give to another permittee who purchases alcoholic beverages
from the manufacturer or permittee a gift; or
(2) except as provided in IC 7.1-3-2-9 and IC 7.1-3-3-5(f), have
a business dealing with the other permittee.
(b) This section does not apply to the sale and delivery and
collection of the sale price of an alcoholic beverage in the ordinary
course of business.
(c) If the promotional program is approved under the rules adopted
by the commission and is conducted in all wholesaler establishments
through which the manufacturer distributes alcoholic beverages in
Indiana, a manufacturer of alcoholic beverages may award bona fide
promotional prizes and awards to any of the following:
(1) A person with a wholesaler's permit issued under IC 7.1-3.
(2) An employee of a person with a wholesaler's permit issued
under IC 7.1-3.
(d) A manufacturer may offer on a nondiscriminatory basis bona
fide incentives to wholesalers when the incentives are determined
based on sales to retailers or dealers occurring during specified times
for specified products. The incentive may be conditioned on the
wholesaler selling a:
(1) specified product at a specified price or less than a specified
price; or
(2) minimum quantity of a specified product to a single customer
in a single transaction.
The incentive may not be conditioned on a wholesaler having total
sales of a minimum quantity of a specified product during the
applicable period.
(e) A manufacturer or a permittee authorized to sell and deliver
alcoholic beverages may provide entertainment and professional and
educational expenses to another permittee, unless the entertainment or
professional and educational expenses are provided in exchange for an
agreement to directly or indirectly purchase alcoholic beverages from
a:
(1) manufacturer; or
(2) permittee authorized to sell and deliver alcoholic beverages;
to the exclusion, in whole or in part, of alcoholic beverages sold or
delivered by another manufacturer or a permittee authorized to sell and
deliver alcoholic beverages.
(f) As used in this subsection, "permittee" means a person listed in
IC 7.1-3-6.1-5(1). A qualified organization that is a permittee may
receive or accept donations of alcoholic beverages from a permittee for
any event conducted by the qualified organization in compliance with:
(1) IC 7.1-3-6.1;
(2) IC 7.1-3-6.2; or
(3) IC 7.1-3-6.3.
(g) A person who knowingly or intentionally violates this section
commits a Class A misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-33(r).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.32-1988, SEC.5; P.L.72-1997, SEC.3; P.L.224-2005, SEC.32;
P.L.159-2014, SEC.40; P.L.270-2017, SEC.18; P.L.163-2025,
SEC.45.