Indiana 2025 Regular Session

Indiana Senate Bill SB0381 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. 381
4	4	_____
5	5	DIGEST OF INTRODUCED BILL
6	6	Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-4-4.1; IC 7.1-5-6-3.
7	7	Synopsis: Delivery of alcoholic beverages. Permits a beer, liquor, or
8	8	wine dealer that is the proprietor of a drug store (which includes a
9	9	pharmacy within a grocery or big box store) to sell certain alcoholic
10	10	beverages for curbside pickup. Allows all wine dealers to deliver wine
11	11	under certain circumstances. Allows alcoholic beverage dealers to
12	12	make deliveries to customers using a common carrier. Creates a
13	13	delivery service permit to allow an operator of a third party delivery
14	14	service to arrange for delivery of alcoholic beverages ordered by
15	15	consumers: (1) from retailers; and (2) through the operator's computer
16	16	platform. Creates a delivery agent permit to allow an employee or
17	17	independent contractor of a third party delivery service to deliver
18	18	alcoholic beverages picked up from a retailer to the consumer's
19	19	residence. Requires a delivery agent to complete alcohol server
20	20	training. Exempts delivery agent permittees from permit restrictions
21	21	imposed due to tax delinquency. Establishes a fee of: (1) $500 for a
22	22	delivery service permit; and (2) $45 for a delivery agent permit.
23	23	Effective: July 1, 2025.
24	24	Goode
25	25	January 13, 2025, read first time and referred to Committee on Public Policy.
26	26	2025 IN 381—LS 7202/DI 87 Introduced
27	27	First Regular Session of the 124th General Assembly (2025)
28	28	PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
29	29	Constitution) is being amended, the text of the existing provision will appear in this style type,
30	30	additions will appear in this style type, and deletions will appear in this style type.
31	31	Additions: Whenever a new statutory provision is being enacted (or a new constitutional
32	32	provision adopted), the text of the new provision will appear in this style type. Also, the
33	33	word NEW will appear in that style type in the introductory clause of each SECTION that adds
34	34	a new provision to the Indiana Code or the Indiana Constitution.
35	35	Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
36	36	between statutes enacted by the 2024 Regular Session of the General Assembly.
37	37	SENATE BILL No. 381
38	38	A BILL FOR AN ACT to amend the Indiana Code concerning
39	39	alcohol and tobacco.
40	40	Be it enacted by the General Assembly of the State of Indiana:
41	41	1 SECTION 1. IC 7.1-1-3-13.9 IS ADDED TO THE INDIANA
42	42	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
43	43	3 [EFFECTIVE JULY 1, 2025]: Sec. 13.9. "Delivery agent" has the
44	44	4 meaning set forth in IC 7.1-3-32-1.
45	45	5 SECTION 2. IC 7.1-1-3-20 IS AMENDED TO READ AS
46	46	6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. Licensed Premises.
47	47	7 The term "licensed premises" means:
48	48	8 (1) a building, or part of a building, in which alcoholic beverages
49	49	9 are authorized by a permit to be kept, manufactured, or sold; or
50	50	10 (2) an adjacent parking area in which alcoholic beverages are
51	51	11 authorized by a permit to be conveyed to a customer's vehicle.
52	52	12 The term does not mean the residential portion of a building in which
53	53	13 alcoholic beverages are not kept, manufactured, sold, furnished, or
54	54	14 given away under the permit, nor does it mean a separate room
55	55	15 furnished a guest as sleeping quarters in a club or hotel.
56	56	16 SECTION 3. IC 7.1-1-3-46.5 IS ADDED TO THE INDIANA
57	57	17 CODE AS A NEW SECTION TO READ AS FOLLOWS
58	58	2025 IN 381—LS 7202/DI 87 2
59	59	1 [EFFECTIVE JULY 1, 2025]: Sec. 46.5. "Third party delivery
60	60	2 service" has the meaning set forth in IC 7.1-3-32-3.
61	61	3 SECTION 4. IC 7.1-3-1.5-1, AS AMENDED BY P.L.285-2019,
62	62	4 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
63	63	5 JULY 1, 2025]: Sec. 1. As used in this chapter, "alcohol server" means
64	64	6 the following:
65	65	7 (1) A person who works on the licensed premises of a retailer
66	66	8 permittee as a:
67	67	9 (A) manager;
68	68	10 (B) bartender; or
69	69	11 (C) waiter or a waitress.
70	70	12 (2) A person who works on the licensed premises of a dealer
71	71	13 permittee as a:
72	72	14 (A) manager; or
73	73	15 (B) sales clerk.
74	74	16 (3) A person who is the proprietor of or is employed by an art
75	75	17 instruction studio under IC 7.1-5-8-4.6 that serves wine brought
76	76	18 into the studio by patrons.
77	77	19 (4) A person who is a delivery agent for a third party delivery
78	78	20 service.
79	79	21 SECTION 5. IC 7.1-3-4-6, AS AMENDED BY P.L.167-2024,
80	80	22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
81	81	23 JULY 1, 2025]: Sec. 6. (a) The holder of a beer retailer's permit shall
82	82	24 be entitled to purchase beer for sale under the permit only from a
83	83	25 permittee entitled to sell to the beer retailer under this title. A beer
84	84	26 retailer shall be entitled to possess beer and sell beer at retail to a
85	85	27 customer for consumption on the licensed premises. A beer retailer also
86	86	28 shall be entitled to sell beer to a customer and deliver beer in
87	87	29 permissible containers to the customer on the licensed premises, or to
88	88	30 the customer's house. This delivery may only be performed by:
89	89	31 (1) the permit holder or an employee who holds an employee
90	90	32 permit; or
91	91	33 (2) a delivery agent, if the permit holder has entered into a
92	92	34 written agreement with a third party delivery service under
93	93	35 IC 7.1-3-32.
94	94	36 The permit holder shall maintain a written record of each delivery for
95	95	37 at least one (1) year that shows the customer's name, location of
96	96	38 delivery, and quantity sold. Subject to subsection (g), a beer retailer
97	97	39 also may prepare and package beer in qualified containers for sale and
98	98	40 delivery to a customer on the licensed premises for consumption off the
99	99	41 licensed premises.
100	100	42 (b) A beer retailer shall not be entitled to sell beer at wholesale. A
101	101	2025 IN 381—LS 7202/DI 87 3
102	102	1 beer retailer shall not be entitled to sell and deliver beer on the street
103	103	2 or at the curb outside the licensed premises, nor shall a beer retailer be
104	104	3 entitled to sell beer at a place other than the licensed premises.
105	105	4 However, a beer retailer may offer food service (excluding alcoholic
106	106	5 beverages) to a patron who is outside the licensed premises by
107	107	6 transacting business through a window in the licensed premises.
108	108	7 (c) A beer retailer shall be entitled to sell and deliver warm or cold
109	109	8 beer for carry out, or for at-home delivery in barrels or other
110	110	9 commercial containers in a quantity that does not exceed fifteen and
111	111	10 one-half (15 1/2) gallons at any one (1) time. A beer retailer or
112	112	11 delivery agent that delivers beer to a customer's residence must require
113	113	12 the customer to provide proof of age in accordance with
114	114	13 IC 7.1-5-10-23. If the delivery is performed by a delivery agent, the
115	115	14 delivery is also subject to the restrictions set forth in IC 7.1-3-32.
116	116	15 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the beer
117	117	16 retailer may include the beer retailer parking lot or an area adjacent to
118	118	17 the beer retailer that may only be used for the purpose of conveying
119	119	18 alcoholic beverages and other nonalcoholic items to a customer, and
120	120	19 may not be used for point of sale purposes or any other purpose. Any
121	121	20 alcoholic beverages conveyed to the customer must satisfy the
122	122	21 following:
123	123	22 (1) Alcoholic beverages that are in the sealed original containers
124	124	23 must be placed in a bag that is stamped, printed, or labeled on the
125	125	24 outside: "CONTAINS ALCOHOLIC BEVERAGES".
126	126	25 (2) Alcoholic beverages that are prepared by the beer retailer
127	127	26 must be packaged by the beer retailer in qualified containers that
128	128	27 are:
129	129	28 (A) stamped, printed, or labeled on the outside: "CONTAINS
130	130	29 ALCOHOLIC BEVERAGES"; or
131	131	30 (B) placed in a bag stamped, printed, or labeled on the outside:
132	132	31 "CONTAINS ALCOHOLIC BEVERAGES".
133	133	32 (3) Placed by an employee of the permittee who is at least
134	134	33 twenty-one (21) years of age:
135	135	34 (A) in the trunk of the motor vehicle; or
136	136	35 (B) behind the last upright seat of the motor vehicle, if the
137	137	36 motor vehicle is not equipped with a trunk.
138	138	37 A retailer permittee may only convey a customer's order of alcoholic
139	139	38 beverages to the customer, if the customer has also purchased a meal
140	140	39 from the retailer permittee that is conveyed to the customer at the same
141	141	40 time as the alcoholic beverages.
142	142	41 (e) The employee of the permittee that conveys the alcoholic
143	143	42 beverages to the customer must require the customer to provide proof
144	144	2025 IN 381—LS 7202/DI 87 4
145	145	1 of age in accordance with IC 7.1-5-10-23.
146	146	2 (f) The parking lot or area where the alcoholic beverages are
147	147	3 conveyed to the customer must be:
148	148	4 (1) well lit; and
149	149	5 (2) within clear view of the main entrance to the building of the
150	150	6 retailer premises.
151	151	7 (g) If a beer retailer prepares and packages beer:
152	152	8 (1) for sale and delivery to a customer on the licensed premises
153	153	9 for consumption off the licensed premises; and
154	154	10 (2) in a container that is not in a qualified container;
155	155	11 the commission may revoke the beer retailer's privilege under this
156	156	12 section of preparing and packaging beer for sale and delivery to a
157	157	13 customer in a qualified container.
158	158	14 SECTION 6. IC 7.1-3-5-3, AS AMENDED BY P.L.194-2021,
159	159	15 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
160	160	16 JULY 1, 2025]: Sec. 3. (a) The holder of a beer dealer's permit shall be
161	161	17 entitled to purchase beer for sale under the permit only from a
162	162	18 permittee entitled to sell to a beer dealer under this title.
163	163	19 (b) A beer dealer shall be entitled to possess beer and sell it at retail
164	164	20 to a customer in permissible containers only.
165	165	21 (c) A beer dealer may not sell beer by the drink nor for consumption
166	166	22 on the licensed premises nor shall a beer dealer allow it to be consumed
167	167	23 on the licensed premises.
168	168	24 (d) Except as provided in subsection (e), a beer dealer shall be
169	169	25 entitled to sell beer to a customer and deliver it in permissible
170	170	26 containers to the customer on the licensed premises, or to the
171	171	27 customer's residence or office. A beer dealer shall not be entitled to sell
172	172	28 and deliver beer on the street or at the curb outside the licensed
173	173	29 premises, nor shall a beer dealer be entitled to sell beer at a place other
174	174	30 than the licensed premises. A beer dealer shall not be entitled to sell
175	175	31 beer and deliver beer for carry-out, or for delivery to a customer's
176	176	32 residence or office, in a quantity that exceeds eight hundred sixty-four
177	177	33 (864) ounces in a single transaction. This delivery may only be
178	178	34 performed by the permit holder, or an employee who holds an
179	179	35 employee permit, or the holder of a carrier's permit under
180	180	36 IC 7.1-3-18-2. However, notwithstanding IC 7.1-5-10-11, a beer dealer
181	181	37 who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell and
182	182	38 deliver warm or cold beer for carry-out, or for delivery to a customer's
183	183	39 residence, office, or a designated location in barrels or other
184	184	40 commercial containers that do not exceed two thousand sixteen (2,016)
185	185	41 ounces per container. The permit holder shall maintain a written record
186	186	42 of each delivery for at least one (1) year that shows the customer's
187	187	2025 IN 381—LS 7202/DI 87 5
188	188	1 name, location of delivery, and quantity sold.
189	189	2 (e) Unless a beer dealer is a grocery store or drug store, a beer
190	190	3 dealer may not sell or deliver alcoholic beverages or any other item
191	191	4 through a window in the licensed premises to a patron who is outside
192	192	5 the licensed premises. A beer dealer that is a grocery store or drug store
193	193	6 may sell any item except alcoholic beverages through a window in the
194	194	7 licensed premises to a patron who is outside the licensed premises.
195	195	8 SECTION 7. IC 7.1-3-5-3.5 IS ADDED TO THE INDIANA CODE
196	196	9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
197	197	10 1, 2025]: Sec. 3.5. (a) This section applies only to a beer dealer who:
198	198	11 (1) is the proprietor of a drug store; and
199	199	12 (2) holds a license issued by the Indiana board of pharmacy.
200	200	13 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
201	201	14 beer dealer described in subsection (a) may include the beer
202	202	15 dealer's parking lot or an area adjacent to the beer dealer's
203	203	16 premises that may be used for the purpose of conveying alcoholic
204	204	17 beverages if the beer dealer:
205	205	18 (1) requires a customer to provide a valid government issued
206	206	19 identification at the time of pickup;
207	207	20 (2) prohibits the use of curbside delivery or pickup service by
208	208	21 an intoxicated person or a person less than twenty-one (21)
209	209	22 years of age; and
210	210	23 (3) requires the employee delivering containers of beer to a
211	211	24 customer's vehicle to be at least eighteen (18) years of age.
212	212	25 (c) A beer dealer may not convey beer under subsection (b):
213	213	26 (1) if the container of beer is open; or
214	214	27 (2) through a drive-through window.
215	215	28 SECTION 8. IC 7.1-3-9-9, AS AMENDED BY P.L.167-2024,
216	216	29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
217	217	30 JULY 1, 2025]: Sec. 9. (a) The holder of a liquor retailer's permit shall
218	218	31 be entitled to purchase liquor only from a permittee entitled to sell to
219	219	32 the liquor retailer under this title. A liquor retailer shall be entitled to
220	220	33 possess liquor and sell liquor at retail to a customer for consumption on
221	221	34 the licensed premises. A liquor retailer also shall be entitled to sell
222	222	35 liquor to a customer and deliver liquor in permissible containers to the
223	223	36 customer on the licensed premises, or to the customer's house. This
224	224	37 delivery may only be performed by:
225	225	38 (1) the permit holder or an employee who holds an employee
226	226	39 permit; or
227	227	40 (2) a delivery agent, if the permit holder has entered into a
228	228	41 written agreement with a third party delivery service under
229	229	42 IC 7.1-3-32.
230	230	2025 IN 381—LS 7202/DI 87 6
231	231	1 The permit holder shall maintain a written record of each delivery for
232	232	2 at least one (1) year that shows the customer's name, location of
233	233	3 delivery, and quantity sold. Subject to subsection (g), a liquor retailer
234	234	4 also may prepare and package liquor in qualified containers for sale
235	235	5 and delivery to a customer on the licensed premises for consumption
236	236	6 off the licensed premises.
237	237	7 (b) A liquor retailer shall not be entitled to sell liquor at wholesale.
238	238	8 A liquor retailer shall not be entitled to sell and deliver liquor on the
239	239	9 street or at the curb outside the licensed premises, nor shall a liquor
240	240	10 retailer be entitled to sell liquor at a place other than the licensed
241	241	11 premises. However, a liquor retailer may offer food service (excluding
242	242	12 alcoholic beverages) to a patron who is outside the licensed premises
243	243	13 by transacting business through a window in the licensed premises.
244	244	14 (c) A liquor retailer shall not be entitled to sell and deliver liquor for
245	245	15 carry out or for at-home delivery, in a quantity that exceeds four (4)
246	246	16 quarts at any one (1) time. A liquor retailer or delivery agent that
247	247	17 delivers liquor to a customer's residence must require the customer to
248	248	18 provide proof of age in accordance with IC 7.1-5-10-23. If liquor is
249	249	19 delivered to a customer's residence by a delivery agent, the
250	250	20 delivery is also subject to the restrictions set forth in IC 7.1-3-32.
251	251	21 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the
252	252	22 liquor retailer may include the liquor retailer parking lot or an area
253	253	23 adjacent to the liquor retailer that may only be used for the purpose of
254	254	24 conveying alcoholic beverages and other nonalcoholic items to a
255	255	25 customer, and may not be used for point of sale purposes or any other
256	256	26 purpose. Any alcoholic beverages conveyed to the customer must
257	257	27 satisfy the following:
258	258	28 (1) Alcoholic beverages that are in the sealed original containers
259	259	29 must be placed in a bag that is stamped, printed, or labeled on the
260	260	30 outside: "CONTAINS ALCOHOLIC BEVERAGES".
261	261	31 (2) Alcoholic beverages that are prepared by the liquor retailer
262	262	32 must be packaged by the liquor retailer in qualified containers
263	263	33 that are:
264	264	34 (A) stamped, printed, or labeled on the outside: "CONTAINS
265	265	35 ALCOHOLIC BEVERAGES"; or
266	266	36 (B) placed in a bag stamped, printed, or labeled on the outside:
267	267	37 "CONTAINS ALCOHOLIC BEVERAGES".
268	268	38 (3) Placed by an employee of the permittee who is at least
269	269	39 twenty-one (21) years of age:
270	270	40 (A) in the trunk of the motor vehicle; or
271	271	41 (B) behind the last upright seat of the motor vehicle, if the
272	272	42 motor vehicle is not equipped with a trunk.
273	273	2025 IN 381—LS 7202/DI 87 7
274	274	1 A retailer permittee may only convey a customer's order of alcoholic
275	275	2 beverages to the customer, if the customer has also purchased a meal
276	276	3 from the retailer permittee that is conveyed to the customer at the same
277	277	4 time as the alcoholic beverages.
278	278	5 (e) The employee of the permittee that conveys the alcoholic
279	279	6 beverages to the customer must require the customer to provide proof
280	280	7 of age in accordance with IC 7.1-5-10-23.
281	281	8 (f) The parking lot or area where the alcoholic beverages are
282	282	9 conveyed to the customer must be:
283	283	10 (1) well lit; and
284	284	11 (2) within clear view of the main entrance to the building of the
285	285	12 retailer premises.
286	286	13 (g) If a liquor retailer prepares and packages liquor:
287	287	14 (1) for sale and delivery to a customer on the licensed premises
288	288	15 for consumption off the licensed premises; and
289	289	16 (2) in a container that is not in a qualified container;
290	290	17 the commission may revoke the liquor retailer's privilege under this
291	291	18 section of preparing and packaging liquor for sale and delivery to a
292	292	19 customer in a qualified container.
293	293	20 SECTION 9. IC 7.1-3-10-7, AS AMENDED BY P.L.194-2021,
294	294	21 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
295	295	22 JULY 1, 2025]: Sec. 7. (a) The holder of a liquor dealer's permit shall
296	296	23 be entitled to purchase liquor only from a permittee entitled to sell to
297	297	24 a liquor dealer under this title.
298	298	25 (b) A liquor dealer shall be entitled to possess liquor and sell it at
299	299	26 retail in its original package to a customer only for consumption off the
300	300	27 licensed premises.
301	301	28 (c) A liquor dealer may deliver liquor only in permissible containers
302	302	29 to a customer's residence or office in a quantity that does not exceed
303	303	30 twelve (12) quarts at any one (1) time. This delivery may only be
304	304	31 performed by the permit holder, or an employee who holds an
305	305	32 employee permit, or the holder of a carrier's permit under
306	306	33 IC 7.1-3-18-2. However, a liquor dealer who is licensed under
307	307	34 IC 7.1-3-10-4 may deliver liquor in permissible containers to a
308	308	35 customer's residence, office, or designated location. The permit holder
309	309	36 shall maintain a written record of each delivery for at least one (1) year
310	310	37 that shows the customer's name, location of delivery, and quantity sold.
311	311	38 (d) A liquor dealer may not sell or deliver alcoholic beverages or
312	312	39 any other item through a window in the licensed premises to a patron
313	313	40 who is outside the licensed premises. However, a liquor dealer that is
314	314	41 a drug store may sell prescription drugs and health and beauty aids
315	315	42 through a window in the licensed premises to a patron who is outside
316	316	2025 IN 381—LS 7202/DI 87 8
317	317	1 the licensed premises.
318	318	2 SECTION 10. IC 7.1-3-10-7.5 IS ADDED TO THE INDIANA
319	319	3 CODE AS A NEW SECTION TO READ AS FOLLOWS
320	320	4 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) This section applies only
321	321	5 to a liquor dealer who:
322	322	6 (1) is the proprietor of a drug store; and
323	323	7 (2) holds a license issued by the Indiana board of pharmacy.
324	324	8 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
325	325	9 liquor dealer described in subsection (a) may include the liquor
326	326	10 dealer's parking lot or an area adjacent to the liquor dealer's
327	327	11 premises that may be used for the purpose of conveying liquor or
328	328	12 mixed beverages if the liquor dealer:
329	329	13 (1) requires a customer to provide a valid government issued
330	330	14 identification at the time of pickup;
331	331	15 (2) prohibits the use of curbside delivery or pickup service by
332	332	16 an intoxicated person or a person less than twenty-one (21)
333	333	17 years of age; and
334	334	18 (3) requires the employee delivering containers of liquor or
335	335	19 mixed beverages to a customer's vehicle to be at least eighteen
336	336	20 (18) years of age.
337	337	21 (c) A liquor dealer may not convey liquor or mixed beverages
338	338	22 under subsection (b):
339	339	23 (1) if the container of liquor or mixed beverages is open; or
340	340	24 (2) through a drive-through window.
341	341	25 SECTION 11. IC 7.1-3-14-4, AS AMENDED BY P.L.167-2024,
342	342	26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
343	343	27 JULY 1, 2025]: Sec. 4. (a) The holder of a wine retailer's permit is
344	344	28 entitled to purchase wine only from a permittee entitled to sell to the
345	345	29 wine retailer under this title. A wine retailer is entitled to possess wine
346	346	30 and sell wine at retail to a customer for consumption on the licensed
347	347	31 premises. A wine retailer is also entitled to sell wine to a customer and
348	348	32 deliver wine in permissible containers to the customer on the licensed
349	349	33 premises or to the customer's house. This delivery may only be
350	350	34 performed by:
351	351	35 (1) the permit holder or an employee who holds an employee
352	352	36 permit; or
353	353	37 (2) a delivery agent, if the permit holder has entered into a
354	354	38 written agreement with a third party delivery service under
355	355	39 IC 7.1-3-32.
356	356	40 If wine is delivered to a customer's residence by a delivery agent,
357	357	41 the delivery is also subject to the restrictions set forth in
358	358	42 IC 7.1-3-32. The permit holder shall maintain a written record of each
359	359	2025 IN 381—LS 7202/DI 87 9
360	360	1 delivery for at least one (1) year that shows the customer's name,
361	361	location of delivery, and quantity sold. Subject to subsection (g), 2 a wine
362	362	3 retailer also may prepare and package wine in qualified containers for
363	363	4 sale and delivery to a customer on the licensed premises for
364	364	5 consumption off the licensed premises.
365	365	6 (b) A wine retailer is not entitled to sell wine at wholesale. A wine
366	366	7 retailer is not entitled to sell and deliver wine on the street or at the
367	367	8 curb outside the licensed premises, nor is the wine retailer entitled to
368	368	9 sell wine at a place other than the licensed premises. However, a wine
369	369	10 retailer may offer food service (excluding alcoholic beverages) to a
370	370	11 patron who is outside the licensed premises by transacting business
371	371	12 through a window in the licensed premises.
372	372	13 (c) A wine retailer is entitled to sell and deliver wine for carry out,
373	373	14 or for at-home delivery. A wine retailer that delivers wine to a
374	374	15 customer's residence must require the customer to provide proof of age
375	375	16 in accordance with IC 7.1-5-10-23.
376	376	17 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the
377	377	18 wine retailer may include the wine retailer parking lot or an area
378	378	19 adjacent to the wine retailer that may only be used for the purpose of
379	379	20 conveying alcoholic beverages and other nonalcoholic items to a
380	380	21 customer, and may not be used for point of sale purposes or any other
381	381	22 purpose. Any alcoholic beverages conveyed to the customer must
382	382	23 satisfy the following:
383	383	24 (1) Alcoholic beverages that are in the sealed original containers
384	384	25 must be placed in a bag that is stamped, printed, or labeled on the
385	385	26 outside: "CONTAINS ALCOHOLIC BEVERAGES".
386	386	27 (2) Alcoholic beverages that are prepared by the wine retailer
387	387	28 must be packaged by the wine retailer in qualified containers that
388	388	29 are:
389	389	30 (A) stamped, printed, or labeled on the outside: "CONTAINS
390	390	31 ALCOHOLIC BEVERAGES"; or
391	391	32 (B) placed in a bag stamped, printed, or labeled on the outside:
392	392	33 "CONTAINS ALCOHOLIC BEVERAGES".
393	393	34 (3) Placed by an employee of the permittee who is at least
394	394	35 twenty-one (21) years of age:
395	395	36 (A) in the trunk of the motor vehicle; or
396	396	37 (B) behind the last upright seat of the motor vehicle, if the
397	397	38 motor vehicle is not equipped with a trunk.
398	398	39 A retailer permittee may only convey a customer's order of alcoholic
399	399	40 beverages to the customer, if the customer has also purchased a meal
400	400	41 from the retailer permittee that is conveyed to the customer at the same
401	401	42 time as the alcoholic beverages.
402	402	2025 IN 381—LS 7202/DI 87 10
403	403	1 (e) The employee of the permittee that conveys the alcoholic
404	404	2 beverages to the customer must require the customer to provide proof
405	405	3 of age in accordance with IC 7.1-5-10-23.
406	406	4 (f) The parking lot or area where the alcoholic beverages are
407	407	5 conveyed to the customer must be:
408	408	6 (1) well lit; and
409	409	7 (2) within clear view of the main entrance to the building of the
410	410	8 retailer premises.
411	411	9 (g) If a wine retailer prepares and packages wine:
412	412	10 (1) for sale and delivery to a customer on the licensed premises
413	413	11 for consumption off the licensed premises; and
414	414	12 (2) in a container that is not in a qualified container;
415	415	13 the commission may revoke the wine retailer's privilege under this
416	416	14 section of preparing and packaging wine for sale and delivery to a
417	417	15 customer in a qualified container.
418	418	16 SECTION 12. IC 7.1-3-15-3 IS AMENDED TO READ AS
419	419	17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The holder of a
420	420	18 wine dealer's permit shall be entitled to purchase wine only from a
421	421	19 permittee who is authorized to sell to a wine dealer under this title. A
422	422	20 wine dealer shall be entitled to sell wine for consumption off the
423	423	21 licensed premises only and not by the drink.
424	424	22 (b) A wine dealer shall be entitled to sell wine in permissible
425	425	23 containers in a quantity of not more than three (3) standard cases, as
426	426	24 determined under the rules of the commission, in a single transaction.
427	427	25 However, a wine dealer who is licensed under IC 7.1-3-10-4 may
428	428	26 possess wine and sell it at retail in its original package to a customer
429	429	27 only for consumption off the licensed premises.
430	430	28 (c) Unless a wine dealer is a grocery store or drug store, a wine
431	431	29 dealer may not sell or deliver alcoholic beverages or any other item
432	432	30 through a window in the licensed premises to a patron who is outside
433	433	31 the licensed premises. A wine dealer that is a grocery store or drug
434	434	32 store may sell any item except alcoholic beverages through a window
435	435	33 in the licensed premises to a person who is outside the licensed
436	436	34 premises.
437	437	35 (d) However, A wine dealer who is licensed under IC 7.1-3-10-4
438	438	36 may deliver wine only in permissible containers to a customer's
439	439	37 residence, office, or designated location. This delivery may only be
440	440	38 performed by the permit holder, or an employee who holds an
441	441	39 employee permit, or the holder of a carrier's permit under
442	442	40 IC 7.1-3-18-2. The permit holder shall maintain a written record of
443	443	41 each delivery for at least one (1) year that shows the customer's name,
444	444	42 location of delivery, and quantity sold.
445	445	2025 IN 381—LS 7202/DI 87 11
446	446	1 SECTION 13. IC 7.1-3-15-3.5 IS ADDED TO THE INDIANA
447	447	2 CODE AS A NEW SECTION TO READ AS FOLLOWS
448	448	3 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) This section applies only
449	449	4 to a wine dealer who:
450	450	5 (1) is the proprietor of a drug store; and
451	451	6 (2) holds a license issued by the Indiana board of pharmacy.
452	452	7 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
453	453	8 wine dealer described in subsection (a) may include a wine dealer's
454	454	9 parking lot or an area adjacent to the wine dealer's premises that
455	455	10 may be used for the purpose of conveying wine if the wine dealer:
456	456	11 (1) requires a customer to provide a valid government issued
457	457	12 identification at the time of pickup;
458	458	13 (2) prohibits the use of curbside delivery or pickup service by
459	459	14 an intoxicated person or a person less than twenty-one (21)
460	460	15 years of age; and
461	461	16 (3) requires the employee delivering containers of wine to a
462	462	17 customer's vehicle to be at least eighteen (18) years of age.
463	463	18 (c) A wine dealer may not convey wine under subsection (b):
464	464	19 (1) if the container of wine is open; or
465	465	20 (2) through a drive-through window.
466	466	21 SECTION 14. IC 7.1-3-21-15, AS AMENDED BY P.L.145-2024,
467	467	22 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
468	468	23 JULY 1, 2025]: Sec. 15. (a) This section does not apply to:
469	469	24 (1) an employee's permit under IC 7.1-3-18-9; or
470	470	25 (2) a delivery agent permit under IC 7.1-3-33.
471	471	26 (b) The commission shall not renew or transfer a wholesaler,
472	472	27 retailer, dealer, or other permit of any type if the applicant:
473	473	28 (1) is seeking a renewal and the applicant has not paid all the
474	474	29 property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
475	475	30 that are due currently;
476	476	31 (2) is seeking a transfer and the applicant has not paid all the
477	477	32 property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
478	478	33 the assessment periods during which the transferor held the
479	479	34 permit;
480	480	35 (3) is seeking a renewal or transfer and is at least thirty (30) days
481	481	36 delinquent in remitting state gross retail taxes under IC 6-2.5 or
482	482	37 withholding taxes required to be remitted under IC 6-3-4;
483	483	38 (4) is on the most recent tax warrant list supplied to the
484	484	39 commission by the department of state revenue; or
485	485	40 (5) does not provide the commission with property tax clearance
486	486	41 Form 1.
487	487	42 (c) The commission shall renew or transfer a permit that the
488	488	2025 IN 381—LS 7202/DI 87 12
489	489	1 commission denied under subsection (b) when the appropriate one (1)
490	490	2 of the following occurs:
491	491	3 (1) The person, if seeking a renewal, provides to the commission
492	492	4 a statement from the county treasurer of the county in which the
493	493	5 property of the applicant was assessed indicating that all the
494	494	6 property taxes under IC 6-1.1 and, in a county where the county
495	495	7 treasurer collects the innkeeper's tax, the innkeeper's tax under
496	496	8 IC 6-9 that were delinquent have been paid.
497	497	9 (2) The person, if seeking a transfer of ownership, provides to the
498	498	10 commission a statement from the county treasurer of the county
499	499	11 in which the property of the transferor was assessed indicating
500	500	12 that all the property taxes under IC 6-1.1 and, in a county where
501	501	13 the county treasurer collects the innkeeper's tax, the innkeeper's
502	502	14 tax under IC 6-9 have been paid for the assessment periods during
503	503	15 which the transferor held the permit.
504	504	16 (3) The person provides to the commission a statement from the
505	505	17 commissioner of the department of state revenue indicating that
506	506	18 the person's tax warrant has been satisfied, including any
507	507	19 delinquency in innkeeper's tax if the state collects the innkeeper's
508	508	20 tax for the county in which the person seeks the permit.
509	509	21 (4) The commission receives a notice from the commissioner of
510	510	22 the department of state revenue under IC 6-8.1-8-2(k).
511	511	23 (5) The commission receives a notice from the commissioner of
512	512	24 the department of state revenue stating that the state gross retail
513	513	25 and withholding taxes described in subsection (b)(3) have been
514	514	26 remitted to the department.
515	515	27 (d) The commission shall not issue a new wholesaler, retailer,
516	516	28 dealer, or other permit of any type if the applicant:
517	517	29 (1) has not paid all the applicant's property taxes under IC 6-1.1
518	518	30 and innkeeper's tax under IC 6-9 that are due;
519	519	31 (2) is at least thirty (30) days delinquent in remitting state gross
520	520	32 retail taxes under IC 6-2.5 or withholding taxes required to be
521	521	33 remitted under IC 6-3-4;
522	522	34 (3) is on the most recent tax warrant list supplied to the
523	523	35 commission by the department of state revenue; or
524	524	36 (4) does not provide the commission with property tax clearance
525	525	37 Form 1.
526	526	38 (e) The commission shall issue a new permit that the commission
527	527	39 denied under subsection (d) when one (1) of the following occurs:
528	528	40 (1) The applicant provides to the commission a statement from
529	529	41 the commissioner of the department of state revenue indicating
530	530	42 that the applicant's tax warrant has been satisfied, including any
531	531	2025 IN 381—LS 7202/DI 87 13
532	532	1 delinquency in innkeeper's tax if the state collects the innkeeper's
533	533	2 tax for the county in which the applicant seeks the permit.
534	534	3 (2) The commission receives a notice of release from the
535	535	4 commissioner of the department of state revenue under
536	536	5 IC 6-8.1-8-2(k).
537	537	6 (3) The commission receives a notice from the commissioner of
538	538	7 the department of state revenue stating that the state gross retail
539	539	8 and withholding taxes described in subsection (d)(2) have been
540	540	9 remitted to the department.
541	541	10 (f) An applicant for issuance of a new permit, renewal, or transfer
542	542	11 may not be considered delinquent in the payment of a listed tax (as
543	543	12 defined by IC 6-8.1-1-1) if the applicant has filed a proper protest
544	544	13 under IC 6-8.1-5-1 contesting the remittance of those taxes. The
545	545	14 applicant shall be considered delinquent in the payment of those taxes
546	546	15 if the applicant does not remit the taxes owed to the state department
547	547	16 of revenue after the later of the following:
548	548	17 (1) The expiration of the period in which the applicant may appeal
549	549	18 the listed tax to the tax court, in the case of an applicant who does
550	550	19 not file a timely appeal of the listed tax.
551	551	20 (2) When a decision of the tax court concerning the applicant's
552	552	21 appeal of the listed tax becomes final, in the case of an applicant
553	553	22 who files a timely appeal of the listed tax.
554	554	23 (g) The commission may require that an applicant for the issuance
555	555	24 of a new permit, renewal, or transfer of a wholesaler's, retailer's, or
556	556	25 dealer's, or other permit of any type furnish proof of the payment of a
557	557	26 listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by
558	558	27 IC 6-1.1 or receipt of property tax clearance Form 1.
559	559	28 (h) The commission may issue to any applicant for renewal of a
560	560	29 permit that is delinquent in the payment of a listed tax (as defined in
561	561	30 IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the
562	562	31 term of the permit.
563	563	32 SECTION 15. IC 7.1-3-32 IS ADDED TO THE INDIANA CODE
564	564	33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
565	565	34 JULY 1, 2025]:
566	566	35 Chapter 32. Delivery Service Permit
567	567	36 Sec. 1. "Delivery agent" means an individual who:
568	568	37 (1) delivers alcoholic beverages to consumers as an employee
569	569	38 or independent contractor of a third party delivery service;
570	570	39 and
571	571	40 (2) holds a delivery agent permit under IC 7.1-3-33.
572	572	41 Sec. 2. "Seller" means a person who holds any of the following:
573	573	42 (1) A three-way permit.
574	574	2025 IN 381—LS 7202/DI 87 14
575	575	1 (2) A two-way permit.
576	576	2 (3) A one-way permit.
577	577	3 Sec. 3. "Third party delivery service" means a person that:
578	578	4 (1) operates an online platform that is:
579	579	5 (A) used by sellers to market alcoholic beverages to
580	580	6 consumers for personal use and not for resale; and
581	581	7 (B) accessed by consumers via website or mobile
582	582	8 application to order alcoholic beverages from sellers for
583	583	9 delivery; and
584	584	10 (2) arranges for a delivery agent to deliver the alcoholic
585	585	11 beverages ordered under subdivision (1)(B).
586	586	12 The term does not include a common carrier or an entity that
587	587	13 deals, handles, sells, offers for sale, or possesses for sale alcoholic
588	588	14 beverages or processes payments for the sale of alcoholic
589	589	15 beverages.
590	590	16 Sec. 4. (a) A third party delivery service may not arrange
591	591	17 delivery of alcoholic beverages from a seller to a consumer, unless
592	592	18 the third party delivery service:
593	593	19 (1) holds a delivery service permit;
594	594	20 (2) has a written agreement with the seller; and
595	595	21 (3) arranges for delivery of the order by a delivery agent with
596	596	22 whom the third party delivery service has a written
597	597	23 agreement.
598	598	24 (b) A third party delivery service or delivery agent may not
599	599	25 impose a delivery charge that is:
600	600	26 (1) a commission for; or
601	601	27 (2) a percentage of;
602	602	28 an alcoholic beverage sale.
603	603	29 Sec. 5. All deliveries of alcoholic beverages must meet the
604	604	30 following requirements:
605	605	31 (1) Alcoholic beverages must be:
606	606	32 (A) in sealed, original containers;
607	607	33 (B) placed in a bag by the seller that is stamped, printed, or
608	608	34 labeled on the outside: "CONTAINS ALCOHOLIC
609	609	35 BEVERAGES";
610	610	36 (C) picked up by the delivery agent from a location inside
611	611	37 the licensed premises of the seller and not in the seller's
612	612	38 parking lot or an area adjacent to the seller; and
613	613	39 (D) delivered from the seller's licensed premises to the
614	614	40 consumer at the consumer's residence.
615	615	41 (2) For each order, the seller must obtain the consumer's
616	616	42 name, residence address, telephone number, and proof that
617	617	2025 IN 381—LS 7202/DI 87 15
618	618	1 the consumer is at least twenty-one (21) years of age. The
619	619	2 seller may:
620	620	3 (A) use an age verification service; or
621	621	4 (B) require a consumer to electronically transmit a copy of
622	622	5 the consumer's state government issued or federal
623	623	6 government issued identification card.
624	624	7 (3) A delivery agent must:
625	625	8 (A) deliver the alcoholic beverages to the consumer's
626	626	9 residence; and
627	627	10 (B) obtain the consumer's:
628	628	11 (i) proof of age in accordance with IC 7.1-5-10-23; and
629	629	12 (ii) signature.
630	630	13 (4) A delivery order of alcoholic beverages from a retailer
631	631	14 must also include a meal purchased from the retailer.
632	632	15 Sec. 6. To be eligible for a delivery service permit, a person must
633	633	16 satisfy the following requirements:
634	634	17 (1) The person must qualify with the secretary of state to do
635	635	18 business in Indiana and consent to the personal jurisdiction of
636	636	19 the commission and the courts of Indiana.
637	637	20 (2) The person must have general liability insurance coverage
638	638	21 with an alcoholic beverage liability endorsement:
639	639	22 (A) in an amount of at least one million dollars
640	640	23 ($1,000,000) per occurrence; and
641	641	24 (B) that provides coverage for delivery agents of the third
642	642	25 party delivery service.
643	643	26 (3) The person may not hold any other permit under this title.
644	644	27 (4) Any individual who delivers orders that contain alcoholic
645	645	28 beverages for the third party delivery service must have a
646	646	29 delivery agent permit.
647	647	30 (5) The person must pay the permit fee under IC 7.1-4-4.1-22.
648	648	31 Sec. 7. (a) The term of a delivery service permit begins on:
649	649	32 (1) the date approved by the commission for an initial
650	650	33 application; and
651	651	34 (2) July 1 to renew a permit;
652	652	35 and expires on June 30 of the second year following the year in
653	653	36 which the application was initially approved under subdivision (1)
654	654	37 or the permit was renewed under subdivision (2).
655	655	38 (b) A delivery service permit may be renewed in accordance
656	656	39 with rules adopted by the commission.
657	657	40 Sec. 8. A third party delivery service shall maintain records
658	658	41 containing the following information for two (2) years after the
659	659	42 date of a delivery of alcoholic beverages:
660	660	2025 IN 381—LS 7202/DI 87 16
661	661	1 (1) The name and address of the seller.
662	662	2 (2) The delivery date.
663	663	3 (3) The name and address of the consumer.
664	664	4 (4) The name of the delivery agent.
665	665	5 (5) The quantity delivered.
666	666	6 The third party delivery service shall make these records available
667	667	7 to the commission upon receiving a written request from the
668	668	8 commission.
669	669	9 SECTION 16. IC 7.1-3-33 IS ADDED TO THE INDIANA CODE
670	670	10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
671	671	11 JULY 1, 2025]:
672	672	12 Chapter 33. Delivery Agent Permit
673	673	13 Sec. 1. The commission may issue a delivery agent permit to an
674	674	14 individual who wants to deliver alcoholic beverages to consumers
675	675	15 as an employee or independent contractor of a third party delivery
676	676	16 service under IC 7.1-3-32.
677	677	17 Sec. 2. To be eligible for or to continue to hold a delivery agent
678	678	18 permit, an individual must:
679	679	19 (1) be at least twenty-one (21) years of age;
680	680	20 (2) have a valid driver's license and adequate vehicle
681	681	21 coverage;
682	682	22 (3) not be a common carrier;
683	683	23 (4) not hold any permit under this title to manufacture, sell,
684	684	24 or wholesale alcoholic beverages;
685	685	25 (5) successfully complete an alcohol server training program
686	686	26 under IC 7.1-3-1.5;
687	687	27 (6) pay the permit fee under IC 7.1-4-4.1-23; and
688	688	28 (7) satisfy any other requirements of the commission.
689	689	29 Sec. 3. The following provisions regarding the issuance and
690	690	30 revocation of an employee's permit also apply to the issuance and
691	691	31 revocation of a delivery agent permit:
692	692	32 (1) IC 7.1-3-18-9(f) through IC 7.1-3-18-9(i).
693	693	33 (2) IC 7.1-3-18-9.5.
694	694	34 Sec. 4. The holder of a delivery agent permit, regardless of
695	695	35 whether the holder is an employee or independent contractor of a
696	696	36 third party delivery service, may only make alcoholic beverage
697	697	37 deliveries if the holder has entered into a written agreement with
698	698	38 the third party delivery service.
699	699	39 SECTION 17. IC 7.1-4-4.1-22 IS ADDED TO THE INDIANA
700	700	40 CODE AS A NEW SECTION TO READ AS FOLLOWS
701	701	41 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The fee for a delivery
702	702	42 service permit is five hundred dollars ($500). The term of a
703	703	2025 IN 381—LS 7202/DI 87 17
704	704	1 delivery service permit is two (2) years.
705	705	2 (b) The commission shall deposit all fees collected under this
706	706	3 section into the enforcement and administration fund established
707	707	4 under IC 7.1-4-10.
708	708	5 SECTION 18. IC 7.1-4-4.1-23 IS ADDED TO THE INDIANA
709	709	6 CODE AS A NEW SECTION TO READ AS FOLLOWS
710	710	7 [EFFECTIVE JULY 1, 2025]: Sec. 23. (a) The fee for a delivery
711	711	8 agent permit is forty-five dollars ($45). The term of a delivery
712	712	9 agent permit is three (3) years.
713	713	10 (b) The commission shall deposit all fees collected under this
714	714	11 section into the enforcement and administration fund established
715	715	12 under IC 7.1-4-10.
716	716	13 SECTION 19. IC 7.1-5-6-3, AS AMENDED BY P.L.32-2019,
717	717	14 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
718	718	15 JULY 1, 2025]: Sec. 3. (a) It is unlawful for a person to act as a clerk
719	719	16 in a package liquor store, or as a bartender, waiter, waitress, or
720	720	17 manager for a retailer permittee, or as a delivery agent, unless that
721	721	18 person has applied for and been issued the appropriate permit. This
722	722	19 section does not apply to dining car or boat employees, to a person
723	723	20 described in IC 7.1-3-1.7, or to a person described in IC 7.1-3-18-9(d).
724	724	21 A person who knowingly or intentionally violates this subsection
725	725	22 commits a Class C infraction. However, the violation is a Class B
726	726	23 misdemeanor if the person has a prior unrelated adjudication or
727	727	24 conviction for a violation of this section within the previous five (5)
728	728	25 years.
729	729	26 (b) It is a defense to a charge under this section if, not later than
730	730	27 thirty (30) days after being cited by the commission, the person who
731	731	28 was cited produces evidence that the appropriate permit was issued by
732	732	29 the commission on the date of the citation.
733	733	30 (c) It is a defense to a charge under this section for a new applicant
734	734	31 for a permit if, not later than thirty (30) days after being cited by the
735	735	32 commission, the new applicant who was cited produces a receipt for a
736	736	33 cashier's check or money order showing that an application for the
737	737	34 appropriate permit was applied for on the date of the citation.
738	738	2025 IN 381—LS 7202/DI 87