Second Regular Session of the 123rd General Assembly (2024)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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a new provision to the Indiana Code or the Indiana Constitution.
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between statutes enacted by the 2023 Regular Session of the General Assembly.
HOUSE ENROLLED ACT No. 1025
AN ACT to amend the Indiana Code concerning alcohol and
tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 7.1-1-3-26.2 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2024]: Sec. 26.2. "Mixed beverage" means a
prepared cordial, cocktail, or highball that is in a can or container
that holds not more than twenty-four (24) ounces of the beverage
and is a mixture of:
(1) whiskey, neutral spirits, brandy, gin, or another distilled
spirit; and
(2) carbonated or plain water, pure juice from a flower or
plant, or other flavoring materials;
that is suitable for immediate consumption and contains not less
than five-tenths percent (0.5%) of alcohol by volume and not more
than fifteen percent (15%) of alcohol by volume.
SECTION 2. IC 7.1-3-13-3, AS AMENDED BY P.L.153-2015,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2024]: Sec. 3. (a) The holder of a wine wholesaler's permit
may purchase, import, and transport wine, brandy, mixed beverages,
or flavored malt beverage from the primary source of supply. A wine
wholesaler may export and transport wine, brandy, or flavored malt
beverage by the bottle, barrel, cask, or other container, to points outside
Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine
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or flavored malt beverage from inventory that has been located on the
wholesaler's premises before the time of invoicing and delivery to a
wine wholesaler, a wine retailer, a supplemental caterer, a temporary
wine permittee, and a wine dealer, but not at retail. A wine wholesaler
may sell, furnish, and deliver brandy or mixed beverages from
inventory that has been located on the wholesaler's premises before the
time of invoicing and delivery, but not at retail, only to a person who
holds a liquor retailer's permit, a supplemental caterer's permit, or a
liquor dealer's permit. A holder of a wine wholesaler's permit may sell
wine, mixed beverages, or flavored malt beverages to the wine
wholesaler's bona fide regular employees. A wine wholesaler may sell,
donate, and deliver wine, mixed beverages, or flavored malt beverage
from inventory that has been located on the wholesaler's premises
before the time of invoicing and delivery to a qualified organization
that is conducting an allowable event to which IC 7.1-3-6.1 applies or
a charity auction to which IC 7.1-3-6.2 applies.
(b) As used in this section, "brandy" means:
(1) any alcoholic distillate described in 27 CFR 5.22(d) as in
effect on January 1, 1983; or
(2) a beverage product that:
(A) is prepared from a liquid described in subdivision (1);
(B) is classified as a cordial or liqueur as defined in 27 CFR
5.22(h) as in effect on January 1, 1997; and
(C) meets the following requirements:
(i) At least sixty-six and two-thirds percent (66 2/3%) of the
product's alcohol content is composed of a substance
described in subdivision (1).
(ii) The product's label makes no reference to any distilled
spirit other than brandy.
(iii) The product's alcohol content is not less than sixteen
percent (16%) by volume or thirty-two (32) degrees proof.
(iv) The product contains dairy cream.
(v) The product's sugar, dextrose, or levulose content is at
least twenty percent (20%) of the product's weight.
(vi) The product contains caramel coloring.
(c) Nothing in this section allows a wine wholesaler to sell, give,
purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
the wine wholesaler also holds a beer wholesaler's permit under
IC 7.1-3-3-1.
(d) A wine wholesaler that also holds a liquor wholesaler's permit
under IC 7.1-3-8 may not:
(1) hold a beer wholesaler's permit under IC 7.1-3-3;
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(2) possess, sell, or transport beer; or
(3) sell more than one million (1,000,000) gallons of flavored
malt beverage during a calendar year.
(d) The holder of a wine wholesaler's permit may possess,
transport, sell, and deliver mixed beverages only to a person who
holds one (1) of the following:
(1) A liquor retailer's permit under IC 7.1-3-9.
(2) A supplemental caterer's permit under IC 7.1-3-9.5.
(3) A liquor dealer's permit under IC 7.1-3-10.
(4) A liquor wholesaler's permit under IC 7.1-3-8.
(5) A wine wholesaler's permit issued under this chapter.
HEA 1025 Speaker of the House of Representatives
President of the Senate
President Pro Tempore
Governor of the State of Indiana
Date: Time:
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