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Indiana House Bill HB1544

Indiana 2023 Regular Session

Indiana House Bill HB1544 Compare Versions

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1-*HB1544.1*
2-January 31, 2023
1+
2+Introduced Version
33 HOUSE BILL No. 1544
44 _____
5-DIGEST OF HB 1544 (Updated January 31, 2023 2:11 pm - DI 107)
6-Citations Affected: IC 7.1-1; IC 7.1-3.
7-Synopsis: Mixed beverages. Adds a definition of "mixed beverage".
8-Allows the holder of a wine wholesaler's permit to take certain actions
9-concerning mixed beverages and flavored malt beverages. Provides that
10-a wine wholesaler may possess, transport, sell, and deliver mixed
11-beverages to person who holds a particular permit. Repeals a provision
12-concerning a wine wholesaler that also holds a liquor permit.
5+DIGEST OF INTRODUCED BILL
6+Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-5.
7+Synopsis: Beer wholesalers and mixed beverages. Provides that a beer
8+wholesaler may possess, transport, sell, and deliver mixed beverages
9+only to a person who holds certain alcohol permits. Allows a beer
10+wholesaler to sell, donate, transport, and deliver mixed beverages to
11+certain qualified organizations. Requires the alcohol and tobacco
12+commission to adopt certain rules regarding mixed beverages. Provides
13+that a beer wholesaler's bona fide regular employees may purchase
14+mixed beverages from the wholesaler in an amount not to exceed 18
15+liters at any one time. Provides that a beer wholesaler may not extend
16+credit for the sale of mixed beverages. Provides that a beer wholesaler
17+that wholesales mixed beverages may not be required to apply for or
18+maintain a liquor wholesaler's permit or to pay a fee to wholesale
19+mixed beverages. Provides that a beer wholesaler that wholesales
20+mixed beverages may keep or store mixed beverages at certain
21+premises. Modifies the definition of "liquor" and adds a definition of
22+"mixed beverage".
1323 Effective: July 1, 2023.
1424 Jeter, Soliday, Steuerwald, Moed
1525 January 19, 2023, read first time and referred to Committee on Public Policy.
16-January 31, 2023, amended, reported — Do Pass.
17-HB 1544—LS 7103/DI 107 January 31, 2023
26+2023 IN 1544—LS 7103/DI 107 Introduced
1827 First Regular Session of the 123rd General Assembly (2023)
1928 PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
2029 Constitution) is being amended, the text of the existing provision will appear in this style type,
2130 additions will appear in this style type, and deletions will appear in this style type.
2231 Additions: Whenever a new statutory provision is being enacted (or a new constitutional
2332 provision adopted), the text of the new provision will appear in this style type. Also, the
2433 word NEW will appear in that style type in the introductory clause of each SECTION that adds
2534 a new provision to the Indiana Code or the Indiana Constitution.
2635 Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
2736 between statutes enacted by the 2022 Regular Session of the General Assembly.
2837 HOUSE BILL No. 1544
2938 A BILL FOR AN ACT to amend the Indiana Code concerning
3039 alcohol and tobacco.
3140 Be it enacted by the General Assembly of the State of Indiana:
32-1 SECTION 1. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
33-2 CODE AS A NEW SECTION TO READ AS FOLLOWS
34-3 [EFFECTIVE JULY 1, 2023]: Sec. 26.2. "Mixed beverage" means a
35-4 prepared cordial, cocktail, or highball that is in a can or container
36-5 that holds not more than twenty-four (24) ounces of the beverage
37-6 and is a mixture of:
38-7 (1) whiskey, neutral spirits, brandy, gin, or another distilled
39-8 spirit; and
40-9 (2) carbonated or plain water, pure juice from a flower or
41-10 plant, or other flavoring materials;
42-11 that is suitable for immediate consumption and contains not less
43-12 than five-tenths percent (0.5%) of alcohol by volume and not more
44-13 than fifteen percent (15%) of alcohol by volume.
45-14 SECTION 2. IC 7.1-3-13-3, AS AMENDED BY P.L.153-2015,
46-15 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
47-16 JULY 1, 2023]: Sec. 3. (a) The holder of a wine wholesaler's permit
48-17 may purchase, import, and transport wine, brandy, mixed beverages,
49-HB 1544—LS 7103/DI 107 2
50-1 or flavored malt beverage from the primary source of supply. A wine
51-2 wholesaler may export and transport wine, brandy, or flavored malt
52-3 beverage by the bottle, barrel, cask, or other container, to points outside
53-4 Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine
54-5 or flavored malt beverage from inventory that has been located on the
55-6 wholesaler's premises before the time of invoicing and delivery to a
56-7 wine wholesaler, a wine retailer, a supplemental caterer, a temporary
57-8 wine permittee, and a wine dealer, but not at retail. A wine wholesaler
58-9 may sell, furnish, and deliver brandy or mixed beverages from
59-10 inventory that has been located on the wholesaler's premises before the
60-11 time of invoicing and delivery, but not at retail, only to a person who
61-12 holds a liquor retailer's permit, a supplemental caterer's permit, or a
62-13 liquor dealer's permit. A holder of a wine wholesaler's permit may sell
63-14 wine, mixed beverages, or flavored malt beverages to the wine
64-15 wholesaler's bona fide regular employees. A wine wholesaler may sell,
65-16 donate, and deliver wine, mixed beverages, or flavored malt beverage
66-17 from inventory that has been located on the wholesaler's premises
67-18 before the time of invoicing and delivery to a qualified organization
68-19 that is conducting an allowable event to which IC 7.1-3-6.1 applies or
69-20 a charity auction to which IC 7.1-3-6.2 applies.
70-21 (b) As used in this section, "brandy" means:
71-22 (1) any alcoholic distillate described in 27 CFR 5.22(d) as in
72-23 effect on January 1, 1983; or
73-24 (2) a beverage product that:
74-25 (A) is prepared from a liquid described in subdivision (1);
75-26 (B) is classified as a cordial or liqueur as defined in 27 CFR
76-27 5.22(h) as in effect on January 1, 1997; and
77-28 (C) meets the following requirements:
78-29 (i) At least sixty-six and two-thirds percent (66 2/3%) of the
79-30 product's alcohol content is composed of a substance
80-31 described in subdivision (1).
81-32 (ii) The product's label makes no reference to any distilled
82-33 spirit other than brandy.
83-34 (iii) The product's alcohol content is not less than sixteen
84-35 percent (16%) by volume or thirty-two (32) degrees proof.
85-36 (iv) The product contains dairy cream.
86-37 (v) The product's sugar, dextrose, or levulose content is at
87-38 least twenty percent (20%) of the product's weight.
88-39 (vi) The product contains caramel coloring.
89-40 (c) Nothing in this section allows a wine wholesaler to sell, give,
90-41 purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
91-42 the wine wholesaler also holds a beer wholesaler's permit under
92-HB 1544—LS 7103/DI 107 3
93-1 IC 7.1-3-3-1.
94-2 (d) A wine wholesaler that also holds a liquor wholesaler's permit
95-3 under IC 7.1-3-8 may not:
96-4 (1) hold a beer wholesaler's permit under IC 7.1-3-3;
97-5 (2) possess, sell, or transport beer; or
98-6 (3) sell more than one million (1,000,000) gallons of flavored
99-7 malt beverage during a calendar year.
100-8 (d) The holder of a wine wholesaler's permit may possess,
101-9 transport, sell, and deliver mixed beverages only to a person who
102-10 holds one (1) of the following:
103-11 (1) A liquor retailer's permit under IC 7.1-3-9.
104-12 (2) A supplemental caterer's permit under IC 7.1-3-9.5.
105-13 (3) A liquor dealer's permit under IC 7.1-3-10.
106-14 (4) A liquor wholesaler's permit under IC 7.1-3-8.
107-15 (5) A wine wholesaler's permit issued under this chapter.
108-HB 1544—LS 7103/DI 107 4
109-COMMITTEE REPORT
110-Mr. Speaker: Your Committee on Public Policy, to which was
111-referred House Bill 1544, has had the same under consideration and
112-begs leave to report the same back to the House with the
113-recommendation that said bill be amended as follows:
114-Page 1, delete lines 1 through 7.
115-Page 1, line 11, after "container" insert "that holds not more than
116-twenty-four (24) ounces of the beverage".
117-Page 2, line 2, delete "twenty-one percent (21%)" and insert "fifteen
118-percent (15%)".
119-Page 2, delete lines 3 through 42, begin a new paragraph and insert:
120-"SECTION 2. IC 7.1-3-13-3, AS AMENDED BY P.L.153-2015,
121-SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
122-JULY 1, 2023]: Sec. 3. (a) The holder of a wine wholesaler's permit
123-may purchase, import, and transport wine, brandy, mixed beverages,
124-or flavored malt beverage from the primary source of supply. A wine
125-wholesaler may export and transport wine, brandy, or flavored malt
126-beverage by the bottle, barrel, cask, or other container, to points outside
127-Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine
128-or flavored malt beverage from inventory that has been located on the
129-wholesaler's premises before the time of invoicing and delivery to a
130-wine wholesaler, a wine retailer, a supplemental caterer, a temporary
131-wine permittee, and a wine dealer, but not at retail. A wine wholesaler
132-may sell, furnish, and deliver brandy or mixed beverages from
133-inventory that has been located on the wholesaler's premises before the
134-time of invoicing and delivery, but not at retail, only to a person who
135-holds a liquor retailer's permit, a supplemental caterer's permit, or a
136-liquor dealer's permit. A holder of a wine wholesaler's permit may sell
137-wine, mixed beverages, or flavored malt beverages to the wine
138-wholesaler's bona fide regular employees. A wine wholesaler may sell,
139-donate, and deliver wine, mixed beverages, or flavored malt beverage
140-from inventory that has been located on the wholesaler's premises
141-before the time of invoicing and delivery to a qualified organization
142-that is conducting an allowable event to which IC 7.1-3-6.1 applies or
143-a charity auction to which IC 7.1-3-6.2 applies.
144-(b) As used in this section, "brandy" means:
145-(1) any alcoholic distillate described in 27 CFR 5.22(d) as in
146-effect on January 1, 1983; or
147-(2) a beverage product that:
148-(A) is prepared from a liquid described in subdivision (1);
149-(B) is classified as a cordial or liqueur as defined in 27 CFR
150-HB 1544—LS 7103/DI 107 5
151-5.22(h) as in effect on January 1, 1997; and
152-(C) meets the following requirements:
153-(i) At least sixty-six and two-thirds percent (66 2/3%) of the
154-product's alcohol content is composed of a substance
155-described in subdivision (1).
156-(ii) The product's label makes no reference to any distilled
157-spirit other than brandy.
158-(iii) The product's alcohol content is not less than sixteen
159-percent (16%) by volume or thirty-two (32) degrees proof.
160-(iv) The product contains dairy cream.
161-(v) The product's sugar, dextrose, or levulose content is at
162-least twenty percent (20%) of the product's weight.
163-(vi) The product contains caramel coloring.
164-(c) Nothing in this section allows a wine wholesaler to sell, give,
165-purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
166-the wine wholesaler also holds a beer wholesaler's permit under
167-IC 7.1-3-3-1.
168-(d) A wine wholesaler that also holds a liquor wholesaler's permit
169-under IC 7.1-3-8 may not:
170-(1) hold a beer wholesaler's permit under IC 7.1-3-3;
171-(2) possess, sell, or transport beer; or
172-(3) sell more than one million (1,000,000) gallons of flavored
173-malt beverage during a calendar year.
174-(d) The holder of a wine wholesaler's permit may possess,
175-transport, sell, and deliver mixed beverages only to a person who
176-holds one (1) of the following:
177-(1) A liquor retailer's permit under IC 7.1-3-9.
178-(2) A supplemental caterer's permit under IC 7.1-3-9.5.
179-(3) A liquor dealer's permit under IC 7.1-3-10.
180-(4) A liquor wholesaler's permit under IC 7.1-3-8.
181-(5) A wine wholesaler's permit issued under this chapter.".
182-Delete pages 3 through 7.
183-Renumber all SECTIONS consecutively.
184-and when so amended that said bill do pass.
185-(Reference is to HB 1544 as introduced.)
186-MANNING
187-Committee Vote: yeas 11, nays 2.
188-HB 1544—LS 7103/DI 107
41+1 SECTION 1. IC 7.1-1-3-21 IS AMENDED TO READ AS
42+2 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 21. Liquor. The term
43+3 "liquor" means an alcoholic beverage containing alcohol obtained by
44+4 distillation and includes a mixed beverage. The term also means a
45+5 wine that contains twenty-one per cent percent (21%), or more, of
46+6 alcohol reckoned by volume. However, the term does not include
47+7 industrial alcohol.
48+8 SECTION 2. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
49+9 CODE AS A NEW SECTION TO READ AS FOLLOWS
50+10 [EFFECTIVE JULY 1, 2023]: Sec. 26.2. "Mixed beverage" means a
51+11 prepared cordial, cocktail, or highball that is in a can or container
52+12 and is a mixture of:
53+13 (1) whiskey, neutral spirits, brandy, gin, or another distilled
54+14 spirit; and
55+15 (2) carbonated or plain water, pure juice from a flower or
56+16 plant, or other flavoring materials;
57+17 that is suitable for immediate consumption and contains not less
58+2023 IN 1544—LS 7103/DI 107 2
59+1 than five-tenths percent (0.5%) of alcohol by volume and not more
60+2 than twenty-one percent (21%) of alcohol by volume.
61+3 SECTION 3. IC 7.1-3-2-9 IS AMENDED TO READ AS
62+4 FOLLOWS [EFFECTIVE JULY 1, 2023]: Sec. 9. An out-of-state
63+5 brewer holding either a primary source of supply permit or an
64+6 out-of-state brewer's permit may:
65+7 (1) appoint a beer wholesaler to perform the services described in
66+8 IC 7.1-3-3-5(f)(1) IC 7.1-3-3-5(j)(1) through IC 7.1-3-3-5(f)(2);
67+9 IC 7.1-3-3-5(j)(2); and
68+10 (2) provide a fee to a beer wholesaler who performs the services
69+11 described in IC 7.1-3-3-5(f)(1) IC 7.1-3-3-5(j)(1) through
70+12 IC 7.1-3-3-5(f)(2). IC 7.1-3-3-5(j)(2).
71+13 SECTION 4. IC 7.1-3-3-5, AS AMENDED BY P.L.153-2015,
72+14 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
73+15 JULY 1, 2023]: Sec. 5. (a) The holder of a beer wholesaler's permit
74+16 may purchase and import from the primary source of supply, possess,
75+17 and sell at wholesale, beer, mixed beverages, and flavored malt
76+18 beverages manufactured within or without this state.
77+19 (b) A beer wholesaler permittee may possess, transport, sell, and
78+20 deliver beer to:
79+21 (1) another beer wholesaler authorized by the brewer to sell the
80+22 brand purchased;
81+23 (2) an employee;
82+24 (3) a holder of a beer retailer's permit, beer dealer's permit,
83+25 temporary beer permit, dining car permit, boat permit, airplane
84+26 permit, or supplemental caterer's permit; and
85+27 (4) a qualified organization for:
86+28 (A) an allowable event to which IC 7.1-3-6.1 applies; or
87+29 (B) a charity auction to which IC 7.1-3-6.2 applies;
88+30 located within this state. The sale, donation to a qualified organization,
89+31 transportation, and delivery of beer shall be made only from inventory
90+32 that has been located on the wholesaler's premises before the time of
91+33 invoicing and delivery.
92+34 (c) A beer wholesaler permittee may possess, transport, sell, and
93+35 deliver mixed beverages only to a person who holds one (1) of the
94+36 following:
95+37 (1) A liquor retailer's permit under IC 7.1-3-9.
96+38 (2) A supplemental caterer's permit under IC 7.1-3-9.5.
97+39 (3) A liquor dealer's permit under IC 7.1-3-10.
98+40 (4) A beer wholesaler's permit under this chapter.
99+41 (5) A liquor wholesaler's permit under IC 7.1-3-8.
100+42 (d) A beer wholesaler permittee may sell, donate, transport, and
101+2023 IN 1544—LS 7103/DI 107 3
102+1 deliver mixed beverages to a qualified organization for:
103+2 (1) an allowable event to which IC 7.1-3-6.1 applies; or
104+3 (2) a charity auction to which IC 7.1-3-6.2 applies;
105+4 located within this state. The sale or donation under this subsection
106+5 may only be made from inventory that was located on the
107+6 wholesaler's premises before the time of invoicing and delivery.
108+7 (e) The commission shall adopt rules under IC 4-22-2 to:
109+8 (1) regulate the types of containers that mixed beverages may
110+9 be distributed or sold in; and
111+10 (2) limit the quantity of mixed beverages that may be sold or
112+11 donated under subsection (d).
113+12 (c) (f) The beer wholesaler's bona fide regular employees may
114+13 purchase beer from the wholesaler in:
115+14 (1) bottles, cans, or any other type of permissible containers in an
116+15 amount not to exceed forty-eight (48) pints; or
117+16 (2) one (1) keg;
118+17 at any one (1) time.
119+18 (g) The beer wholesaler's bona fide regular employees may
120+19 purchase mixed beverages from the wholesaler in an amount not
121+20 to exceed eighteen (18) liters at any one (1) time.
122+21 (d) (h) The importation, transportation, possession, sale, and
123+22 delivery of beer shall be subject to the rules of the commission and
124+23 subject to the same restrictions provided in this title for a person
125+24 holding a brewer's permit.
126+25 (e) (i) The holder of a beer wholesaler's permit may purchase,
127+26 import, possess, transport, sell, and deliver any commodity listed in
128+27 IC 7.1-3-10-5, unless prohibited by this title. However, a beer
129+28 wholesaler may deliver flavored malt beverages only to the holder of
130+29 one (1) of the following permits:
131+30 (1) A beer wholesaler or wine wholesaler permit, if the wholesaler
132+31 is authorized by the primary source of supply to sell the brand of
133+32 flavored malt beverage purchased.
134+33 (2) A wine retailer's permit, wine dealer's permit, temporary wine
135+34 permit, dining car wine permit, boat permit, airplane permit, or
136+35 supplemental caterer's permit.
137+36 (f) (j) A beer wholesaler may:
138+37 (1) store beer for an out-of-state brewer described in IC 7.1-3-2-9
139+38 and deliver the stored beer to another beer wholesaler that the
140+39 out-of-state brewer authorizes to sell the beer;
141+40 (2) perform all necessary accounting and auditing functions
142+41 associated with the services described in subdivision (1); and
143+42 (3) receive a fee from an out-of-state brewer for the services
144+2023 IN 1544—LS 7103/DI 107 4
145+1 described in subdivisions (1) through (2).
146+2 SECTION 5. IC 7.1-3-3-5.5 IS ADDED TO THE INDIANA CODE
147+3 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
148+4 1, 2023]: Sec. 5.5. (a) A beer wholesaler that wholesales mixed
149+5 beverages under section 5 of this chapter may not:
150+6 (1) be required by the commission to:
151+7 (A) apply for or maintain a liquor wholesaler's permit; or
152+8 (B) pay a fee;
153+9 to wholesale mixed beverages under this chapter; or
154+10 (2) keep or store mixed beverages at a place other than the
155+11 premises described in the application and permit for the beer
156+12 wholesaler's permit.
157+13 (b) A beer wholesaler that wholesales mixed beverages under
158+14 section 5 of this chapter is subject to IC 7.1-3-8-3 and any other law
159+15 or rule of the commission applicable to the holder of a liquor
160+16 wholesaler's permit as to the beer wholesaler's sale of mixed
161+17 beverages to the extent the law or rule does not conflict with this
162+18 section.
163+19 SECTION 6. IC 7.1-5-5-11, AS AMENDED BY P.L.270-2017,
164+20 SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
165+21 JULY 1, 2023]: Sec. 11. (a) Except as provided in subsections (c), (d),
166+22 and (e), it is unlawful for a manufacturer of alcoholic beverages or a
167+23 permittee authorized to sell and deliver alcoholic beverages to:
168+24 (1) give to another permittee who purchases alcoholic beverages
169+25 from the manufacturer or permittee a gift; or
170+26 (2) except as provided in IC 7.1-3-2-9 and IC 7.1-3-3-5(f),
171+27 IC 7.1-3-3-5(j), have a business dealing with the other permittee.
172+28 (b) This section does not apply to the sale and delivery and
173+29 collection of the sale price of an alcoholic beverage in the ordinary
174+30 course of business.
175+31 (c) If the promotional program is approved under the rules adopted
176+32 by the commission and is conducted in all wholesaler establishments
177+33 through which the manufacturer distributes alcoholic beverages in
178+34 Indiana, a manufacturer of alcoholic beverages may award bona fide
179+35 promotional prizes and awards to any of the following:
180+36 (1) A person with a wholesaler's permit issued under IC 7.1-3.
181+37 (2) An employee of a person with a wholesaler's permit issued
182+38 under IC 7.1-3.
183+39 (d) A manufacturer may offer on a nondiscriminatory basis bona
184+40 fide incentives to wholesalers when the incentives are determined
185+41 based on sales to retailers or dealers occurring during specified times
186+42 for specified products. The incentive may be conditioned on the
187+2023 IN 1544—LS 7103/DI 107 5
188+1 wholesaler selling a:
189+2 (1) specified product at a specified price or less than a specified
190+3 price; or
191+4 (2) minimum quantity of a specified product to a single customer
192+5 in a single transaction.
193+6 The incentive may not be conditioned on a wholesaler having total
194+7 sales of a minimum quantity of a specified product during the
195+8 applicable period.
196+9 (e) A manufacturer or a permittee authorized to sell and deliver
197+10 alcoholic beverages may provide entertainment and professional and
198+11 educational expenses to another permittee, unless the entertainment or
199+12 professional and educational expenses are provided in exchange for an
200+13 agreement to directly or indirectly purchase alcoholic beverages from
201+14 a:
202+15 (1) manufacturer; or
203+16 (2) permittee authorized to sell and deliver alcoholic beverages;
204+17 to the exclusion, in whole or in part, of alcoholic beverages sold or
205+18 delivered by another manufacturer or a permittee authorized to sell and
206+19 deliver alcoholic beverages.
207+20 (f) A person who knowingly or intentionally violates this section
208+21 commits a Class A misdemeanor.
209+22 SECTION 7. IC 7.1-5-9-3, AS AMENDED BY P.L.79-2015,
210+23 SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
211+24 JULY 1, 2023]: Sec. 3. (a) This section applies to a brewer that
212+25 manufactures, in aggregate, more than ninety thousand (90,000) barrels
213+26 of beer in a calendar year for sale or distribution within Indiana.
214+27 (b) It is unlawful for the holder of a brewer's or beer wholesaler's
215+28 permit to have an interest in a liquor permit of any type under this title.
216+29 However, this section does not prohibit the holder of a beer
217+30 wholesaler's permit from wholesaling mixed beverages under
218+31 IC 7.1-3-3-5.5.
219+32 (c) A person who knowingly or intentionally violates this section
220+33 commits a Class B misdemeanor.
221+34 SECTION 8. IC 7.1-5-9-4, AS AMENDED BY P.L.159-2014,
222+35 SECTION 59, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
223+36 JULY 1, 2023]: Sec. 4. (a) Except as provided in IC 7.1-3-3-4 and
224+37 subsection (c), an applicant for a beer wholesaler's permit shall have
225+38 no interest in the following:
226+39 (1) A permit to manufacture or to sell at retail alcoholic beverages
227+40 of any kind.
228+41 (2) Any other permit to wholesale alcoholic beverages.
229+42 (3) Through stock ownership or otherwise, a partnership, limited
230+2023 IN 1544—LS 7103/DI 107 6
231+1 liability company, or corporation that holds:
232+2 (A) a permit to manufacture or to sell at retail alcoholic
233+3 beverages of any kind; or
234+4 (B) any other permit to wholesale alcoholic beverages of any
235+5 kind.
236+6 (b) A person who knowingly or intentionally violates this section
237+7 commits a Class B misdemeanor.
238+8 (c) This section does not prohibit the holder of a beer
239+9 wholesaler's permit from wholesaling mixed beverages under
240+10 IC 7.1-3-3-5.5.
241+11 SECTION 9. IC 7.1-5-9-6, AS AMENDED BY P.L.279-2019,
242+12 SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
243+13 JULY 1, 2023]: Sec. 6. (a) This section does not apply to the holder
244+14 of a beer wholesaler's permit that wholesales mixed beverages
245+15 under IC 7.1-3-3-5.5.
246+16 (a) (b) It is unlawful for the holder of a liquor wholesaler's permit
247+17 to have an interest in a beer permit of any type under this title.
248+18 (b) (c) A person who knowingly or intentionally violates this section
249+19 commits a Class B misdemeanor.
250+20 SECTION 10. IC 7.1-5-10-12, AS AMENDED BY P.L.194-2021,
251+21 SECTION 65, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
252+22 JULY 1, 2023]: Sec. 12. (a) Except as provided in subsections (b) (c)
253+23 through (d) (e) and subsection (g), (h), it is unlawful for a permittee to
254+24 sell, offer to sell, purchase or receive, an alcoholic beverage for
255+25 anything other than cash. A permittee who extends credit in violation
256+26 of this section shall have no right of action on the claim.
257+27 (b) A beer wholesaler permittee may not extend credit for the
258+28 sale of mixed beverages.
259+29 (b) (c) A permittee may credit to a purchaser the actual price
260+30 charged for a package or an original container returned by the original
261+31 purchaser as a credit on a sale and refund to a purchaser the amount
262+32 paid by the purchaser for a container, or as a deposit on a container, if
263+33 it is returned to the permittee.
264+34 (c) (d) A manufacturer may extend usual and customary credit for
265+35 alcoholic beverages sold to a customer who maintains a place of
266+36 business outside this state when the alcoholic beverages are actually
267+37 shipped to a point outside this state.
268+38 (d) (e) An artisan distiller, a distiller, a farm winery, or a liquor or
269+39 wine wholesaler may extend credit on liquor, flavored malt beverages,
270+40 and wine sold to a permittee for a period of fifteen (15) days from the
271+41 date of invoice, date of invoice included. However, if the fifteen (15)
272+42 day period passes without payment in full, the:
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274+1 (1) wholesaler;
275+2 (2) farm winery that sells and delivers under IC 7.1-3-12-5(a)(14);
276+3 or
277+4 (3) artisan distillery that sells and delivers under
278+5 IC 7.1-3-27-8(a)(11);
279+6 shall sell to that permittee on a cash on delivery basis only.
280+7 (e) (f) A person who knowingly or intentionally violates this section
281+8 commits a Class B misdemeanor.
282+9 (f) (g) Nothing in this section may be construed to prohibit a hotel,
283+10 restaurant, caterer, or a club that is not open to the general public from
284+11 extending credit to a consumer purchasing alcohol for personal use at
285+12 any time.
286+13 (g) (h) Nothing in this section may be construed to prohibit a retailer
287+14 or dealer from accepting a:
288+15 (1) credit card;
289+16 (2) debit card;
290+17 (3) charge card; or
291+18 (4) stored value card;
292+19 from a consumer purchasing alcohol for personal use.
293+2023 IN 1544—LS 7103/DI 107