§ 7.1-5-5-7 — Discrimination in sales prohibited; exception; special discounts for certain products

Indiana § 7.1-5-5-7

• Jurisdiction: Indiana
• Art. 5: CRIMES AND INFRACTIONS
• Ch. 5: Miscellaneous Crimes

Text

(a) It is unlawful for a permittee in a sale or
contract to sell alcoholic beverages to discriminate between purchasers
by granting a price, discount, allowance, or service charge which is not
available to all purchasers at the same time. However, this section does
not authorize or require a permittee to sell to a person to whom the
permittee is not authorized to sell under this title.
(b) A premises that operates at least two (2) restaurants that are
separate and distinct from each other on the same premises may
provide for a different schedule of prices in each restaurant if each
restaurant conforms to all other laws and rules of the commission
regarding pricing and price discrimination in its separate and distinct
areas.
(c) This section does not apply to the holder of a gaming site permit
that complies with IC 7.1-3-17.5-6.
(d) Notwithstanding subsection (a), a beer wholesaler may offer a
special discount price to a beer dealer or beer retailer for beer or
flavored malt beverage, if the beer or flavored malt beverage:
(1) is a brand or package the beer wholesaler has discontinued; or
(2) will expire in not more than:
(A) twenty (20) days for packaged beer or packaged flavored
malt beverage; and
(B) ten (10) days for draft beer or draft flavored malt beverage.
(e) The special discount under subsection (d) only applies to beer or
flavored malt beverage that will expire and be subject to removal from
retailer or dealer shelves in accordance with the primary source of
supply's coding data clearly identified on the container.
(f) Any beer or flavored malt beverage sold at a special discount
price under subsection (d) shall be accompanied by an invoice clearly
designating, in addition to all other information required by law, all the
following information:
(1) The date of delivery.
(2) The expiration date of each brand, package type, and quantity
delivered.
(3) The per unit price for each package.
(g) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-5.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.204-2001, SEC.51; P.L.250-2003, SEC.16; P.L.224-2005, SEC.30;
P.L.233-2007, SEC.32; P.L.159-2014, SEC.37.