§ 7.1-5-9-2 — Brewer's or vintner's interest in wholesaler's permit prohibited; financial assistance

Indiana § 7.1-5-9-2

• Jurisdiction: Indiana
• Art. 5: CRIMES AND INFRACTIONS
• Ch. 9: Miscellaneous Prohibited Interests

Text

(a) Except as provided in subsection (c), it is
unlawful for the holder of a brewer's permit or for a brewer located
outside Indiana that meets the requirements of IC 7.1-3-2-4 and IC 7.1-3-2-5 to hold, acquire, possess, own, or control, or to have an
interest, claim, or title, in or to an establishment, company, or
corporation holding or applying for a beer wholesaler's permit under
this title, or in its business.
(b) Except as provided in subsection (c), it is unlawful for the holder
of a vintner's permit or for a vintner located outside Indiana to hold,
acquire, possess, own, or control, or to have an interest, claim, or title
in or to, an establishment, company, or corporation holding or applying
for a wine wholesaler's permit under this title, or in its business.
(c) A brewer covered by subsection (a) may provide financial
assistance to the holder of a beer wholesaler's permit. A vintner
covered by subsection (b) may provide financial assistance to the
holder of the wine wholesaler's permit. The following conditions apply
to the provision of financial assistance under this subsection:
(1) The brewer may not require that the holder of the beer
wholesaler's permit, and the vintner may not require that the
holder of a wine wholesaler's permit, accept the financial
assistance.
(2) The financial assistance may be unsecured or secured.
(3) If the financial assistance is secured, it may be secured only by
a security interest in the following property of the holder of the
wholesaler's permit:
(A) Inventory of the products of the brewer or vintner.
(B) Premises or equipment, if the premises or equipment is
used in the business of the holder of the wholesaler's permit.
(4) If the financial assistance is secured, the value of the property
in which the security interest lies may not substantially exceed the
debt secured.
(5) Except as provided in IC 7.1-3-2-9, the brewer or the vintner
may not use financial assistance to acquire complete or partial
control of the business of the holder of the wholesaler's permit.
(6) Except as provided in IC 7.1-3-2-9, the brewer or vintner must
make available to all wholesalers (of any of its products) any
assistance that it offers to any one (1) wholesaler of any of its
products. This assistance must be provided on substantially
identical terms. The brewer or vintner may not discriminate
among wholesalers of any of its products in the enforcement of
any terms related to assistance under this section.
(7) The brewer or vintner must report to the commission any
assistance that it offers to a wholesaler under this section. It must
make this report promptly after the assistance is offered.
(d) A person who knowingly or intentionally violates this section
commits a Class B misdemeanor.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.112-1987, SEC.9; P.L.72-1997, SEC.4; P.L.159-2014,
SEC.57.