Indiana 2024 Regular Session

Indiana Senate Bill SB0204 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	Introduced Version
3	3	SENATE BILL No. 204
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-3; IC 7.1-4; IC 35-52-7.
7	7	Synopsis: Direct beer seller's permits. Establishes a direct beer seller's
8	8	permit that allows a brewer to sell and ship beer directly to a consumer.
9	9	Effective: July 1, 2024.
10	10	Alting, Walker K
11	11	January 9, 2024, read first time and referred to Committee on Public Policy.
12	12	2024 IN 204—LS 6921/DI 137 Introduced
13	13	Second Regular Session of the 123rd General Assembly (2024)
14	14	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
15	15	Constitution) is being amended, the text of the existing provision will appear in this style type,
16	16	additions will appear in this style type, and deletions will appear in this style type.
17	17	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
18	18	provision adopted), the text of the new provision will appear in this style type. Also, the
19	19	word NEW will appear in that style type in the introductory clause of each SECTION that adds
20	20	a new provision to the Indiana Code or the Indiana Constitution.
21	21	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
22	22	between statutes enacted by the 2023 Regular Session of the General Assembly.
23	23	SENATE BILL No. 204
24	24	A BILL FOR AN ACT to amend the Indiana Code concerning
25	25	alcohol and tobacco.
26	26	Be it enacted by the General Assembly of the State of Indiana:
27	27	1 SECTION 1. IC 7.1-3-2-7, AS AMENDED BY P.L.220-2023,
28	28	2 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
29	29	3 JULY 1, 2024]: Sec. 7. The holder of a brewer's permit or an
30	30	4 out-of-state brewer holding either a primary source of supply permit or
31	31	5 an out-of-state brewer's permit may do the following:
32	32	6 (1) Manufacture beer.
33	33	7 (2) Place beer in containers or bottles.
34	34	8 (3) Transport beer.
35	35	9 (4) Sell and deliver beer to a person holding a beer wholesaler's
36	36	10 permit issued under IC 7.1-3-3.
37	37	11 (5) If the brewer manufactures, at all of the brewer's breweries, an
38	38	12 aggregate of not more than ninety thousand (90,000) barrels of
39	39	13 beer in a calendar year for sale or distribution within Indiana, the
40	40	14 permit holder may do the following:
41	41	15 (A) Sell and deliver a total of not more than thirty thousand
42	42	16 (30,000) barrels of beer in a calendar year to the following:
43	43	17 (i) A person holding a retailer or a dealer permit under this
44	44	2024 IN 204—LS 6921/DI 137 2
45	45	1 title.
46	46	2 (ii) A consumer who purchases beer for direct shipment
47	47	3 under IC 7.1-3-26, if the permit holder holds a direct
48	48	4 beer seller's permit.
49	49	5 The total number of barrels of beer that the permit holder may
50	50	6 sell and deliver under this clause in a calendar year may not
51	51	7 exceed thirty thousand (30,000) barrels of beer.
52	52	8 (B) Be the proprietor of a restaurant that is not subject to the
53	53	9 minimum gross food sales or the minimum projected food
54	54	10 sales set forth in 905 IAC 1-41-2.
55	55	11 (C) Hold a beer retailer's permit, a wine retailer's permit, or a
56	56	12 liquor retailer's permit for a restaurant established under clause
57	57	13 (B).
58	58	14 (D) Transfer beer directly from the brewery to the restaurant
59	59	15 by means of:
60	60	16 (i) bulk containers; or
61	61	17 (ii) a continuous flow system.
62	62	18 (E) Install a window between the brewery and an adjacent
63	63	19 restaurant that allows the public and the permittee to view both
64	64	20 premises.
65	65	21 (F) Install a doorway or other opening between the brewery
66	66	22 and an adjacent restaurant that provides the public and the
67	67	23 permittee with access to both premises.
68	68	24 (G) Sell the brewery's beer by the glass for consumption on the
69	69	25 premises. Brewers permitted to sell beer by the glass under
70	70	26 this clause must make food available for consumption on the
71	71	27 premises. A brewer may comply with the requirements of this
72	72	28 clause by doing any of the following:
73	73	29 (i) Allowing a vehicle of transportation that is a food
74	74	30 establishment (as defined in IC 16-18-2-137) to serve food
75	75	31 near the brewer's licensed premises.
76	76	32 (ii) Placing menus in the brewer's premises of restaurants
77	77	33 that will deliver food to the brewery.
78	78	34 (iii) Providing food prepared at the brewery.
79	79	35 (H) Sell and deliver beer to a consumer at the licensed
80	80	36 premises of the brewer or at the residence of the consumer.
81	81	37 Notwithstanding IC 7.1-1-3-20, the licensed premises may
82	82	38 include the brewery parking lot or an area adjacent to the
83	83	39 brewery that may only be used for the purpose of conveying
84	84	40 alcoholic beverages and other nonalcoholic items to a
85	85	41 customer subject to section 10 of this chapter, and may not be
86	86	42 used for point of sale purposes or any other purpose. The
87	87	2024 IN 204—LS 6921/DI 137 3
88	88	1 delivery to a consumer may be made only in a quantity at any
89	89	2 one (1) time of not more than one-half (1/2) barrel, but the
90	90	3 beer may be contained in bottles or other permissible
91	91	4 containers.
92	92	5 (I) Sell the brewery's beer as authorized by this section for
93	93	6 carryout on Sunday in a quantity at any one (1) time of not
94	94	7 more than five hundred seventy-six (576) ounces. A brewer's
95	95	8 beer may be sold under this clause at any address for which the
96	96	9 brewer holds a brewer's permit issued under this chapter if the
97	97	10 address is located within the same city boundaries in which the
98	98	11 beer was manufactured.
99	99	12 (J) With the approval of the commission, participate:
100	100	13 (i) individually; or
101	101	14 (ii) with other permit holders under this chapter, holders of
102	102	15 artisan distiller's permits, holders of farm winery permits, or
103	103	16 any combination of holders described in this item;
104	104	17 in a trade show or an exposition at which products of each
105	105	18 permit holder participant are displayed, promoted, and sold.
106	106	19 All of the permit holders may occupy the same tent, structure,
107	107	20 or building. The commission may not grant to a holder of a
108	108	21 permit under this chapter approval under this clause to
109	109	22 participate in a trade show or exposition for more than
110	110	23 forty-five (45) days in a calendar year.
111	111	24 (K) Store or condition beer in a secure building that is:
112	112	25 (i) separate from the brewery; and
113	113	26 (ii) owned or leased by the permit holder.
114	114	27 (L) Transfer beer from a building described in clause (K) back
115	115	28 to the brewery.
116	116	29 (M) Sell or transfer beer directly to a beer wholesaler from a
117	117	30 building described in clause (K), but may not sell or transfer
118	118	31 beer from the building to any other permittee or a consumer.
119	119	32 The brewer shall maintain an adequate written record of the
120	120	33 beer transferred:
121	121	34 (i) between the brewery and the separate building; and
122	122	35 (ii) from the separate building to the wholesaler.
123	123	36 (N) Sell the brewery's beer to the holder of a supplemental
124	124	37 caterer's permit issued under IC 7.1-3-9.5 for on-premises
125	125	38 consumption only at an event that is held outdoors on property
126	126	39 that is contiguous to the brewery as approved by the
127	127	40 commission.
128	128	41 (O) Receive liquor from the holder of a distiller's permit issued
129	129	42 under IC 7.1-3-7 or the holder of an artisan distiller's permit
130	130	2024 IN 204—LS 6921/DI 137 4
131	131	1 under IC 7.1-3-27 that is located in the same county as the
132	132	2 brewery for the purpose of carbonating and canning the liquor.
133	133	3 Upon the completion of canning of the liquor, the product
134	134	4 must be returned to the original production facility within
135	135	5 forty-eight (48) hours. The activity under this clause is not an
136	136	6 interest under IC 7.1-5-9.
137	137	7 (P) Receive beer from another permit holder under this
138	138	8 subdivision for the purpose of bottling and packaging the beer.
139	139	9 Upon completion of bottling and packaging the beer, the
140	140	10 product must be returned to the original permit holder who
141	141	11 manufactured the beer. The number of barrels of beer that a
142	142	12 permit holder receives, bottles, and packages under this clause
143	143	13 may not exceed the number of barrels of beer that the permit
144	144	14 holder produced from raw materials at the licensed premises
145	145	15 of the permit holder in the same calendar year. The activity
146	146	16 under this clause is not an interest under IC 7.1-5-9.
147	147	17 (Q) Sell or transfer beer directly to a food manufacturer
148	148	18 located in Indiana that is registered with the federal Food and
149	149	19 Drug Administration for the purpose of adding or integrating
150	150	20 the beer into a product or recipe.
151	151	21 (6) If the brewer's brewery manufactures more than ninety
152	152	22 thousand (90,000) barrels of beer in a calendar year for sale or
153	153	23 distribution within Indiana, the permit holder may own a portion
154	154	24 of the corporate stock of another brewery that:
155	155	25 (A) is located in the same county as the brewer's brewery;
156	156	26 (B) manufactures less than ninety thousand (90,000) barrels of
157	157	27 beer in a calendar year; and
158	158	28 (C) is the proprietor of a restaurant that operates under
159	159	29 subdivision (5).
160	160	30 (7) Provide complimentary samples of beer that are:
161	161	31 (A) produced by the brewer; and
162	162	32 (B) offered to consumers for consumption on the brewer's
163	163	33 premises.
164	164	34 (8) Own a portion of the corporate stock of a sports corporation
165	165	35 that:
166	166	36 (A) manages a minor league baseball stadium located in the
167	167	37 same county as the brewer's brewery; and
168	168	38 (B) holds a beer retailer's permit, a wine retailer's permit, or a
169	169	39 liquor retailer's permit for a restaurant located in that stadium.
170	170	40 (9) For beer described in IC 7.1-1-2-3(a)(4):
171	171	41 (A) may allow transportation to and consumption of the beer
172	172	42 on the licensed premises; and
173	173	2024 IN 204—LS 6921/DI 137 5
174	174	1 (B) may not sell, offer to sell, or allow sale of the beer on the
175	175	2 licensed premises.
176	176	3 SECTION 2. IC 7.1-3-26-1, AS ADDED BY P.L.165-2006,
177	177	4 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
178	178	5 JULY 1, 2024]: Sec. 1. This chapter does not apply to the serving or
179	179	6 selling of:
180	180	7 (1) wine in accordance with IC 7.1-3-12; or
181	181	8 (2) brandy in accordance with IC 7.1-3-7.5; or
182	182	9 (3) beer in accordance with IC 7.1-3-2.
183	183	10 SECTION 3. IC 7.1-3-26-2, AS ADDED BY P.L.165-2006,
184	184	11 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
185	185	12 JULY 1, 2024]: Sec. 2. As used in this chapter, "applicant" means a
186	186	13 person that applies to the commission for a:
187	187	14 (1) direct wine seller's permit; or
188	188	15 (2) direct beer seller's permit.
189	189	16 SECTION 4. IC 7.1-3-26-3, AS ADDED BY P.L.165-2006,
190	190	17 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
191	191	18 JULY 1, 2024]: Sec. 3. As used in this chapter, "consumer" means an
192	192	19 individual with an Indiana address who purchases wine product from
193	193	20 a seller.
194	194	21 SECTION 5. IC 7.1-3-26-3.5 IS ADDED TO THE INDIANA
195	195	22 CODE AS A NEW SECTION TO READ AS FOLLOWS
196	196	23 [EFFECTIVE JULY 1, 2024]: Sec. 3.5. As used in this chapter,
197	197	24 "product" means the alcoholic beverage that a seller's permit
198	198	25 authorizes the seller to sell and ship directly to a consumer as
199	199	26 follows:
200	200	27 (1) If the seller holds a direct wine seller's permit, "product"
201	201	28 means wine.
202	202	29 (2) If the seller holds a direct beer seller's permit, "product"
203	203	30 means beer.
204	204	31 SECTION 6. IC 7.1-3-26-4, AS ADDED BY P.L.165-2006,
205	205	32 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
206	206	33 JULY 1, 2024]: Sec. 4. As used in this chapter, "seller" means the
207	207	34 holder of:
208	208	35 (1) a direct wine seller's permit; or
209	209	36 (2) a direct beer seller's permit;
210	210	37 issued under this chapter.
211	211	38 SECTION 7. IC 7.1-3-26-5, AS AMENDED BY P.L.159-2014,
212	212	39 SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
213	213	40 JULY 1, 2024]: Sec. 5. (a) A person located within Indiana or outside
214	214	41 Indiana that wants to sell and ship product to a consumer must
215	215	42 comply with the following:
216	216	2024 IN 204—LS 6921/DI 137 6
217	217	1 (1) A person that wants to sell and ship wine directly to a
218	218	2 consumer must:
219	219	3 (A) be the holder of a valid direct wine seller's permit; and
220	220	4 (B) comply with this chapter.
221	221	5 (2) A person that wants to sell and ship beer directly to a
222	222	6 consumer must:
223	223	7 (A) be the holder of a valid direct beer seller's permit; and
224	224	8 (B) comply with this chapter.
225	225	9 A person that sells and ships wine product directly to a consumer
226	226	10 without holding a valid direct wine seller's the appropriate permit as
227	227	11 set forth in this subsection commits a Class A infraction.
228	228	12 (b) The offense described in subsection (a) is:
229	229	13 (1) a Class A misdemeanor if the seller:
230	230	14 (A) knowingly or intentionally violates this section; and
231	231	15 (B) has one (1) prior unrelated conviction or judgment for an
232	232	16 infraction under this chapter for an act or omission that
233	233	17 occurred not more than ten (10) years before the act or
234	234	18 omission that is the basis for the most recent conviction or
235	235	19 judgment for an infraction; and
236	236	20 (2) a Level 6 felony if the seller:
237	237	21 (A) knowingly or intentionally violates this section; and
238	238	22 (B) has at least two (2) prior unrelated convictions or
239	239	23 judgments for infractions under this chapter for acts or
240	240	24 omissions that occurred not more than ten (10) years before
241	241	25 the act or omission that is the basis for the most recent
242	242	26 conviction or judgment for an infraction.
243	243	27 SECTION 8. IC 7.1-3-26-6, AS AMENDED BY P.L.107-2015,
244	244	28 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
245	245	29 JULY 1, 2024]: Sec. 6. (a) A seller may sell and ship wine product
246	246	30 directly only to a consumer who meets all of the following
247	247	31 requirements:
248	248	32 (1) The consumer is at least twenty-one (21) years of age.
249	249	33 (2) The consumer has an Indiana address.
250	250	34 (3) The consumer intends to use wine product purchased under
251	251	35 this chapter for personal use only and not for resale or other
252	252	36 commercial purposes.
253	253	37 (b) A seller who violates this section commits a Class A infraction.
254	254	38 However, the offense is:
255	255	39 (1) a Class A misdemeanor if the seller:
256	256	40 (A) knowingly or intentionally violates this section; and
257	257	41 (B) has one (1) prior unrelated conviction or judgment for an
258	258	42 infraction under this chapter for an act or omission that
259	259	2024 IN 204—LS 6921/DI 137 7
260	260	1 occurred not more than ten (10) years before the act or
261	261	2 omission that is the basis for the most recent conviction or
262	262	3 judgment for an infraction; and
263	263	4 (2) a Level 6 felony if the seller:
264	264	5 (A) knowingly or intentionally violates this section; and
265	265	6 (B) has at least two (2) prior unrelated convictions or
266	266	7 judgments for infractions under this chapter for acts or
267	267	8 omissions that occurred not more than ten (10) years before
268	268	9 the act or omission that is the basis for the most recent
269	269	10 conviction or judgment for an infraction.
270	270	11 SECTION 9. IC 7.1-3-26-7.1 IS ADDED TO THE INDIANA
271	271	12 CODE AS A NEW SECTION TO READ AS FOLLOWS
272	272	13 [EFFECTIVE JULY 1, 2024]: Sec. 7.1. (a) The commission may issue
273	273	14 a direct beer seller's permit to an applicant who meets all of the
274	274	15 following requirements:
275	275	16 (1) The applicant is domiciled and has its principal place of
276	276	17 business in the United States.
277	277	18 (2) The applicant is engaged in the manufacture of beer.
278	278	19 (3) The applicant holds and acts within the scope of authority
279	279	20 of an alcoholic beverage license or permit to manufacture
280	280	21 beer that is required:
281	281	22 (A) in Indiana or the state where the applicant is
282	282	23 domiciled; and
283	283	24 (B) by the Tax and Trade Bureau of the United States
284	284	25 Department of the Treasury.
285	285	26 (4) The applicant qualifies with the secretary of state to do
286	286	27 business in Indiana and consents to the personal jurisdiction
287	287	28 of the commission and the courts of Indiana.
288	288	29 (5) The applicant completes documentation regarding the
289	289	30 applicant's application required by the commission.
290	290	31 (b) The commission may issue a direct beer seller's permit to an
291	291	32 applicant who:
292	292	33 (1) meets the requirements under subsection (a); and
293	293	34 (2) holds a permit issued under this title that allows the sale of
294	294	35 an alcoholic beverage at retail.
295	295	36 (c) Nothing in this chapter:
296	296	37 (1) prohibits a holder of a direct beer seller's permit from also
297	297	38 distributing beer through a wholesaler; or
298	298	39 (2) affects any agreement that a holder of a direct beer seller's
299	299	40 permit enters into with a wholesaler.
300	300	41 SECTION 10. IC 7.1-3-26-8, AS AMENDED BY P.L.107-2015,
301	301	42 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
302	302	2024 IN 204—LS 6921/DI 137 8
303	303	1 JULY 1, 2024]: Sec. 8. (a) The term of a direct wine seller's permit or
304	304	2 a direct beer seller's permit begins:
305	305	3 (1) on the date approved by the commission for an initial
306	306	4 application; and
307	307	5 (2) on July 1 to renew a permit;
308	308	6 and expires on June 30 of the following year. A direct wine seller's
309	309	7 permit or direct beer seller's permit may be renewed in accordance
310	310	8 with rules adopted by the commission.
311	311	9 (b) The annual direct wine seller's permit fee is as follows:
312	312	10 (1) One hundred dollars ($100) for a direct wine seller's permit
313	313	11 applicant who:
314	314	12 (A) has never previously held a direct wine seller's permit and
315	315	13 anticipates direct shipping in Indiana not more than nine
316	316	14 thousand (9,000) liters of wine in a permit year; or
317	317	15 (B) previously held a direct wine seller's permit and certifies
318	318	16 to the commission that the permit applicant direct shipped in
319	319	17 Indiana not more than nine thousand (9,000) liters of wine in
320	320	18 the previous permit year.
321	321	19 (2) Two hundred dollars ($200) for a direct wine seller's permit
322	322	20 applicant who:
323	323	21 (A) has never previously held a direct wine seller's permit and
324	324	22 anticipates direct shipping in Indiana not more than eighteen
325	325	23 thousand (18,000) liters of wine in a permit year; or
326	326	24 (B) previously held a direct wine seller's permit and certifies
327	327	25 to the commission that the permit applicant direct shipped in
328	328	26 Indiana not more than eighteen thousand (18,000) liters of
329	329	27 wine in the previous permit year.
330	330	28 (3) Three hundred dollars ($300) for a direct wine seller's permit
331	331	29 applicant who:
332	332	30 (A) has never previously held a direct wine seller's permit and
333	333	31 anticipates direct shipping in Indiana not more than
334	334	32 twenty-seven thousand (27,000) liters of wine in a permit year;
335	335	33 or
336	336	34 (B) previously held a direct wine seller's permit and certifies
337	337	35 to the commission that the permit applicant direct shipped in
338	338	36 Indiana not more than twenty-seven thousand (27,000) liters
339	339	37 of wine in the previous permit year.
340	340	38 (4) Four hundred dollars ($400) for a direct wine seller's permit
341	341	39 applicant who:
342	342	40 (A) has never previously held a direct wine seller's permit and
343	343	41 anticipates direct shipping in Indiana not more than thirty-six
344	344	42 thousand (36,000) liters of wine in a permit year; or
345	345	2024 IN 204—LS 6921/DI 137 9
346	346	1 (B) previously held a direct wine seller's permit and certifies
347	347	2 to the commission that the permit applicant direct shipped in
348	348	3 Indiana not more than thirty-six thousand (36,000) liters of
349	349	4 wine in the previous permit year.
350	350	5 (5) Five hundred dollars ($500) for a direct wine seller's permit
351	351	6 applicant who:
352	352	7 (A) has never previously held a direct wine seller's permit and
353	353	8 anticipates direct shipping in Indiana not more than forty-five
354	354	9 thousand (45,000) liters of wine in a permit year; or
355	355	10 (B) previously held a direct wine seller's permit and certifies
356	356	11 to the commission that the permit applicant direct shipped in
357	357	12 Indiana not more than forty-five thousand (45,000) liters of
358	358	13 wine in the previous permit year.
359	359	14 (c) The annual direct beer seller's permit fee is one hundred fifty
360	360	15 dollars ($150).
361	361	16 SECTION 11. IC 7.1-3-26-9, AS AMENDED BY P.L.107-2015,
362	362	17 SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
363	363	18 JULY 1, 2024]: Sec. 9. A direct wine seller's permit or direct beer
364	364	19 seller's permit entitles a seller to sell and ship wine product to a
365	365	20 consumer by receiving and filling orders that the consumer transmits
366	366	21 by electronic or other means if all of the following conditions are
367	367	22 satisfied before the sale or by the times set forth as follows:
368	368	23 (1) The consumer provides the direct wine seller with the
369	369	24 following:
370	370	25 (A) The consumer's name.
371	371	26 (B) A valid delivery address and telephone number.
372	372	27 (C) Proof of age by a state government issued or federal
373	373	28 government issued identification card showing the consumer
374	374	29 to be at least twenty-one (21) years of age. The proof under
375	375	30 this clause may be evidenced:
376	376	31 (i) in person;
377	377	32 (ii) by a photocopy or facsimile copy that is mailed or
378	378	33 electronically transmitted;
379	379	34 (iii) by a computer scanned, electronically transmitted copy;
380	380	35 or
381	381	36 (iv) through an age verification service used by the direct
382	382	37 wine seller.
383	383	38 (2) The direct wine seller meets the following requirements:
384	384	39 (A) Maintains for two (2) years all records of wine product
385	385	40 sales made under this chapter. If the records are requested by
386	386	41 the commission, a direct wine seller shall:
387	387	42 (i) make the records available to the commission during the
388	388	2024 IN 204—LS 6921/DI 137 10
389	389	1 direct wine seller's regular business hours; or
390	390	2 (ii) at the direction of the commission, deliver copies to the
391	391	3 commission.
392	392	4 (B) A direct wine seller stamps, prints, or labels on the
393	393	5 outside of the shipping container the following: "CONTAINS
394	394	6 WINE. SIGNATURE OF PERSON AGE 21 OR OLDER
395	395	7 REQUIRED FOR DELIVERY.".
396	396	8 (C) A direct beer seller stamps, prints, or labels on the
397	397	9 outside of the shipping container the following:
398	398	10 "CONTAINS BEER. SIGNATURE OF PERSON AGE 21
399	399	11 OR OLDER REQUIRED FOR DELIVERY.".
400	400	12 (C) (D) Causes the wine product to be delivered by the holder
401	401	13 of a valid carrier's alcoholic beverage permit under
402	402	14 IC 7.1-3-18.
403	403	15 (D) (E) Directs the carrier to verify that the individual
404	404	16 personally receiving the wine product shipment is at least
405	405	17 twenty-one (21) years of age.
406	406	18 (E) (F) A direct wine seller does not ship to any consumer
407	407	19 more than two hundred sixteen (216) liters of wine in any
408	408	20 calendar year.
409	409	21 (G) A direct beer seller does not ship to any consumer
410	410	22 more than twenty-seven (27) gallons of beer in any
411	411	23 calendar year.
412	412	24 (F) (H) Remits to the department of state revenue monthly all
413	413	25 Indiana excise, sales, and use taxes on the shipments made
414	414	26 into Indiana by the direct wine seller during the previous
415	415	27 month.
416	416	28 (G) (I) Ships to a consumer in Indiana only wine product
417	417	29 manufactured, produced, or bottled by the applicant.
418	418	30 SECTION 12. IC 7.1-3-26-12, AS AMENDED BY P.L.107-2015,
419	419	31 SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
420	420	32 JULY 1, 2024]: Sec. 12. (a) During a permit year, a direct wine seller
421	421	33 may not direct ship in within or into Indiana more than forty-five
422	422	34 thousand (45,000) liters of wine.
423	423	35 (b) During a calendar year, a direct beer seller may not direct
424	424	36 ship within or into Indiana more than thirty thousand (30,000)
425	425	37 barrels of beer. If a direct beer seller holds a brewery permit under
426	426	38 IC 7.1-3-2-7(5), all beer shipped by the direct beer seller to a
427	427	39 consumer in a calendar year counts toward the seller's thirty
428	428	40 thousand (30,000) barrel limit for the calendar year under
429	429	41 IC 7.1-3-2-7(5)(A).
430	430	42 SECTION 13. IC 7.1-3-26-13, AS ADDED BY P.L.165-2006,
431	431	2024 IN 204—LS 6921/DI 137 11
432	432	1 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
433	433	2 JULY 1, 2024]: Sec. 13. A wine product shipment purchased under
434	434	3 this chapter must be delivered to:
435	435	4 (1) the consumer, who shall take personal delivery of the
436	436	5 shipment at the:
437	437	6 (A) consumer's residence;
438	438	7 (B) consumer's business address;
439	439	8 (C) carrier's business address; or
440	440	9 (D) address displayed on the shipping container; or
441	441	10 (2) an individual who is at least twenty-one (21) years of age, who
442	442	11 shall take personal delivery of the shipment at the:
443	443	12 (A) consumer's residence;
444	444	13 (B) consumer's business address;
445	445	14 (C) carrier's business address; or
446	446	15 (D) address designated by the consumer and displayed on the
447	447	16 shipping container.
448	448	17 SECTION 14. IC 7.1-3-26-14, AS ADDED BY P.L.165-2006,
449	449	18 SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
450	450	19 JULY 1, 2024]: Sec. 14. (a) A consumer may not receive more than
451	451	20 two hundred sixteen (216) liters of wine in total from one (1) or more
452	452	21 direct wine sellers in a calendar year.
453	453	22 (b) A consumer may not receive more than twenty-seven (27)
454	454	23 gallons of beer in total from one (1) or more direct beer sellers in
455	455	24 a calendar year.
456	456	25 SECTION 15. IC 7.1-4-4.1-22 IS ADDED TO THE INDIANA
457	457	26 CODE AS A NEW SECTION TO READ AS FOLLOWS
458	458	27 [EFFECTIVE JULY 1, 2024]: Sec. 22. The annual direct beer seller's
459	459	28 permit fee is one hundred fifty dollars ($150).
460	460	29 SECTION 16. IC 7.1-4-6-1, AS AMENDED BY P.L.165-2006,
461	461	30 SECTION 36, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
462	462	31 JULY 1, 2024]: Sec. 1. The chairman and the department shall have the
463	463	32 power to examine the books, papers, records, and premises of a
464	464	33 manufacturer, wholesaler, retailer, dealer, or direct wine seller's permit
465	465	34 holder, or direct beer seller's permit holder under this title for the
466	466	35 purpose of determining whether the excise taxes imposed by this title
467	467	36 have been paid fully and whether the provisions of the title are being
468	468	37 complied with.
469	469	38 SECTION 17. IC 7.1-4-7-1, AS AMENDED BY P.L.109-2013,
470	470	39 SECTION 8, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
471	471	40 JULY 1, 2024]: Sec. 1. The chairman shall collect the required annual
472	472	41 license fee paid in connection with the issuance of a brewer's permit,
473	473	42 a beer wholesaler's permit, a temporary beer permit, a dining car permit
474	474	2024 IN 204—LS 6921/DI 137 12
475	475	1 of any type, a boat permit of any type, an artisan distiller's permit, a
476	476	2 distiller's permit, a rectifier's permit, a liquor wholesaler's permit, a
477	477	3 vintner's permit, a farm winery permit, a farm winery brandy distiller's
478	478	4 permit, a wine wholesaler's permit, a wine bottler's permit, a temporary
479	479	5 wine permit, a direct wine seller's permit, a direct beer seller's
480	480	6 permit, a salesman's permit, and a carrier's alcoholic permit.
481	481	7 SECTION 18. IC 35-52-7-2, AS ADDED BY P.L.169-2014,
482	482	8 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
483	483	9 JULY 1, 2024]: Sec. 2. IC 7.1-3-26-5 defines a crime concerning direct
484	484	10 wine seller's permits or direct beer seller's permits.
485	485	11 SECTION 19. IC 35-52-7-3, AS ADDED BY P.L.169-2014,
486	486	12 SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
487	487	13 JULY 1, 2024]: Sec. 3. IC 7.1-3-26-6 defines a crime concerning direct
488	488	14 wine seller's permits or direct beer seller's permits.
489	489	2024 IN 204—LS 6921/DI 137