Introduced Version
SENATE BILL No. 381
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-4-4.1; IC 7.1-5-6-3.
Synopsis: Delivery of alcoholic beverages. Permits a beer, liquor, or
wine dealer that is the proprietor of a drug store (which includes a
pharmacy within a grocery or big box store) to sell certain alcoholic
beverages for curbside pickup. Allows all wine dealers to deliver wine
under certain circumstances. Allows alcoholic beverage dealers to
make deliveries to customers using a common carrier. Creates a
delivery service permit to allow an operator of a third party delivery
service to arrange for delivery of alcoholic beverages ordered by
consumers: (1) from retailers; and (2) through the operator's computer
platform. Creates a delivery agent permit to allow an employee or
independent contractor of a third party delivery service to deliver
alcoholic beverages picked up from a retailer to the consumer's
residence. Requires a delivery agent to complete alcohol server
training. Exempts delivery agent permittees from permit restrictions
imposed due to tax delinquency. Establishes a fee of: (1) $500 for a
delivery service permit; and (2) $45 for a delivery agent permit.
Effective: July 1, 2025.
Goode
January 13, 2025, read first time and referred to Committee on Public Policy.
2025 IN 381—LS 7202/DI 87 Introduced
First Regular Session of the 124th General Assembly (2025)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2024 Regular Session of the General Assembly.
SENATE BILL No. 381
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
1 SECTION 1. IC 7.1-1-3-13.9 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 13.9. "Delivery agent" has the
4 meaning set forth in IC 7.1-3-32-1.
5 SECTION 2. IC 7.1-1-3-20 IS AMENDED TO READ AS
6 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 20. Licensed Premises.
7 The term "licensed premises" means:
8 (1) a building, or part of a building, in which alcoholic beverages
9 are authorized by a permit to be kept, manufactured, or sold; or
10 (2) an adjacent parking area in which alcoholic beverages are
11 authorized by a permit to be conveyed to a customer's vehicle.
12 The term does not mean the residential portion of a building in which
13 alcoholic beverages are not kept, manufactured, sold, furnished, or
14 given away under the permit, nor does it mean a separate room
15 furnished a guest as sleeping quarters in a club or hotel.
16 SECTION 3. IC 7.1-1-3-46.5 IS ADDED TO THE INDIANA
17 CODE AS A NEW SECTION TO READ AS FOLLOWS
2025 IN 381—LS 7202/DI 87 2
1 [EFFECTIVE JULY 1, 2025]: Sec. 46.5. "Third party delivery
2 service" has the meaning set forth in IC 7.1-3-32-3.
3 SECTION 4. IC 7.1-3-1.5-1, AS AMENDED BY P.L.285-2019,
4 SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
5 JULY 1, 2025]: Sec. 1. As used in this chapter, "alcohol server" means
6 the following:
7 (1) A person who works on the licensed premises of a retailer
8 permittee as a:
9 (A) manager;
10 (B) bartender; or
11 (C) waiter or a waitress.
12 (2) A person who works on the licensed premises of a dealer
13 permittee as a:
14 (A) manager; or
15 (B) sales clerk.
16 (3) A person who is the proprietor of or is employed by an art
17 instruction studio under IC 7.1-5-8-4.6 that serves wine brought
18 into the studio by patrons.
19 (4) A person who is a delivery agent for a third party delivery
20 service.
21 SECTION 5. IC 7.1-3-4-6, AS AMENDED BY P.L.167-2024,
22 SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 6. (a) The holder of a beer retailer's permit shall
24 be entitled to purchase beer for sale under the permit only from a
25 permittee entitled to sell to the beer retailer under this title. A beer
26 retailer shall be entitled to possess beer and sell beer at retail to a
27 customer for consumption on the licensed premises. A beer retailer also
28 shall be entitled to sell beer to a customer and deliver beer in
29 permissible containers to the customer on the licensed premises, or to
30 the customer's house. This delivery may only be performed by:
31 (1) the permit holder or an employee who holds an employee
32 permit; or
33 (2) a delivery agent, if the permit holder has entered into a
34 written agreement with a third party delivery service under
35 IC 7.1-3-32.
36 The permit holder shall maintain a written record of each delivery for
37 at least one (1) year that shows the customer's name, location of
38 delivery, and quantity sold. Subject to subsection (g), a beer retailer
39 also may prepare and package beer in qualified containers for sale and
40 delivery to a customer on the licensed premises for consumption off the
41 licensed premises.
42 (b) A beer retailer shall not be entitled to sell beer at wholesale. A
2025 IN 381—LS 7202/DI 87 3
1 beer retailer shall not be entitled to sell and deliver beer on the street
2 or at the curb outside the licensed premises, nor shall a beer retailer be
3 entitled to sell beer at a place other than the licensed premises.
4 However, a beer retailer may offer food service (excluding alcoholic
5 beverages) to a patron who is outside the licensed premises by
6 transacting business through a window in the licensed premises.
7 (c) A beer retailer shall be entitled to sell and deliver warm or cold
8 beer for carry out, or for at-home delivery in barrels or other
9 commercial containers in a quantity that does not exceed fifteen and
10 one-half (15 1/2) gallons at any one (1) time. A beer retailer or
11 delivery agent that delivers beer to a customer's residence must require
12 the customer to provide proof of age in accordance with
13 IC 7.1-5-10-23. If the delivery is performed by a delivery agent, the
14 delivery is also subject to the restrictions set forth in IC 7.1-3-32.
15 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the beer
16 retailer may include the beer retailer parking lot or an area adjacent to
17 the beer retailer that may only be used for the purpose of conveying
18 alcoholic beverages and other nonalcoholic items to a customer, and
19 may not be used for point of sale purposes or any other purpose. Any
20 alcoholic beverages conveyed to the customer must satisfy the
21 following:
22 (1) Alcoholic beverages that are in the sealed original containers
23 must be placed in a bag that is stamped, printed, or labeled on the
24 outside: "CONTAINS ALCOHOLIC BEVERAGES".
25 (2) Alcoholic beverages that are prepared by the beer retailer
26 must be packaged by the beer retailer in qualified containers that
27 are:
28 (A) stamped, printed, or labeled on the outside: "CONTAINS
29 ALCOHOLIC BEVERAGES"; or
30 (B) placed in a bag stamped, printed, or labeled on the outside:
31 "CONTAINS ALCOHOLIC BEVERAGES".
32 (3) Placed by an employee of the permittee who is at least
33 twenty-one (21) years of age:
34 (A) in the trunk of the motor vehicle; or
35 (B) behind the last upright seat of the motor vehicle, if the
36 motor vehicle is not equipped with a trunk.
37 A retailer permittee may only convey a customer's order of alcoholic
38 beverages to the customer, if the customer has also purchased a meal
39 from the retailer permittee that is conveyed to the customer at the same
40 time as the alcoholic beverages.
41 (e) The employee of the permittee that conveys the alcoholic
42 beverages to the customer must require the customer to provide proof
2025 IN 381—LS 7202/DI 87 4
1 of age in accordance with IC 7.1-5-10-23.
2 (f) The parking lot or area where the alcoholic beverages are
3 conveyed to the customer must be:
4 (1) well lit; and
5 (2) within clear view of the main entrance to the building of the
6 retailer premises.
7 (g) If a beer retailer prepares and packages beer:
8 (1) for sale and delivery to a customer on the licensed premises
9 for consumption off the licensed premises; and
10 (2) in a container that is not in a qualified container;
11 the commission may revoke the beer retailer's privilege under this
12 section of preparing and packaging beer for sale and delivery to a
13 customer in a qualified container.
14 SECTION 6. IC 7.1-3-5-3, AS AMENDED BY P.L.194-2021,
15 SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
16 JULY 1, 2025]: Sec. 3. (a) The holder of a beer dealer's permit shall be
17 entitled to purchase beer for sale under the permit only from a
18 permittee entitled to sell to a beer dealer under this title.
19 (b) A beer dealer shall be entitled to possess beer and sell it at retail
20 to a customer in permissible containers only.
21 (c) A beer dealer may not sell beer by the drink nor for consumption
22 on the licensed premises nor shall a beer dealer allow it to be consumed
23 on the licensed premises.
24 (d) Except as provided in subsection (e), a beer dealer shall be
25 entitled to sell beer to a customer and deliver it in permissible
26 containers to the customer on the licensed premises, or to the
27 customer's residence or office. A beer dealer shall not be entitled to sell
28 and deliver beer on the street or at the curb outside the licensed
29 premises, nor shall a beer dealer be entitled to sell beer at a place other
30 than the licensed premises. A beer dealer shall not be entitled to sell
31 beer and deliver beer for carry-out, or for delivery to a customer's
32 residence or office, in a quantity that exceeds eight hundred sixty-four
33 (864) ounces in a single transaction. This delivery may only be
34 performed by the permit holder, or an employee who holds an
35 employee permit, or the holder of a carrier's permit under
36 IC 7.1-3-18-2. However, notwithstanding IC 7.1-5-10-11, a beer dealer
37 who is licensed pursuant to IC 7.1-3-10-4 shall be entitled to sell and
38 deliver warm or cold beer for carry-out, or for delivery to a customer's
39 residence, office, or a designated location in barrels or other
40 commercial containers that do not exceed two thousand sixteen (2,016)
41 ounces per container. The permit holder shall maintain a written record
42 of each delivery for at least one (1) year that shows the customer's
2025 IN 381—LS 7202/DI 87 5
1 name, location of delivery, and quantity sold.
2 (e) Unless a beer dealer is a grocery store or drug store, a beer
3 dealer may not sell or deliver alcoholic beverages or any other item
4 through a window in the licensed premises to a patron who is outside
5 the licensed premises. A beer dealer that is a grocery store or drug store
6 may sell any item except alcoholic beverages through a window in the
7 licensed premises to a patron who is outside the licensed premises.
8 SECTION 7. IC 7.1-3-5-3.5 IS ADDED TO THE INDIANA CODE
9 AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
10 1, 2025]: Sec. 3.5. (a) This section applies only to a beer dealer who:
11 (1) is the proprietor of a drug store; and
12 (2) holds a license issued by the Indiana board of pharmacy.
13 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
14 beer dealer described in subsection (a) may include the beer
15 dealer's parking lot or an area adjacent to the beer dealer's
16 premises that may be used for the purpose of conveying alcoholic
17 beverages if the beer dealer:
18 (1) requires a customer to provide a valid government issued
19 identification at the time of pickup;
20 (2) prohibits the use of curbside delivery or pickup service by
21 an intoxicated person or a person less than twenty-one (21)
22 years of age; and
23 (3) requires the employee delivering containers of beer to a
24 customer's vehicle to be at least eighteen (18) years of age.
25 (c) A beer dealer may not convey beer under subsection (b):
26 (1) if the container of beer is open; or
27 (2) through a drive-through window.
28 SECTION 8. IC 7.1-3-9-9, AS AMENDED BY P.L.167-2024,
29 SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
30 JULY 1, 2025]: Sec. 9. (a) The holder of a liquor retailer's permit shall
31 be entitled to purchase liquor only from a permittee entitled to sell to
32 the liquor retailer under this title. A liquor retailer shall be entitled to
33 possess liquor and sell liquor at retail to a customer for consumption on
34 the licensed premises. A liquor retailer also shall be entitled to sell
35 liquor to a customer and deliver liquor in permissible containers to the
36 customer on the licensed premises, or to the customer's house. This
37 delivery may only be performed by:
38 (1) the permit holder or an employee who holds an employee
39 permit; or
40 (2) a delivery agent, if the permit holder has entered into a
41 written agreement with a third party delivery service under
42 IC 7.1-3-32.
2025 IN 381—LS 7202/DI 87 6
1 The permit holder shall maintain a written record of each delivery for
2 at least one (1) year that shows the customer's name, location of
3 delivery, and quantity sold. Subject to subsection (g), a liquor retailer
4 also may prepare and package liquor in qualified containers for sale
5 and delivery to a customer on the licensed premises for consumption
6 off the licensed premises.
7 (b) A liquor retailer shall not be entitled to sell liquor at wholesale.
8 A liquor retailer shall not be entitled to sell and deliver liquor on the
9 street or at the curb outside the licensed premises, nor shall a liquor
10 retailer be entitled to sell liquor at a place other than the licensed
11 premises. However, a liquor retailer may offer food service (excluding
12 alcoholic beverages) to a patron who is outside the licensed premises
13 by transacting business through a window in the licensed premises.
14 (c) A liquor retailer shall not be entitled to sell and deliver liquor for
15 carry out or for at-home delivery, in a quantity that exceeds four (4)
16 quarts at any one (1) time. A liquor retailer or delivery agent that
17 delivers liquor to a customer's residence must require the customer to
18 provide proof of age in accordance with IC 7.1-5-10-23. If liquor is
19 delivered to a customer's residence by a delivery agent, the
20 delivery is also subject to the restrictions set forth in IC 7.1-3-32.
21 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the
22 liquor retailer may include the liquor retailer parking lot or an area
23 adjacent to the liquor retailer that may only be used for the purpose of
24 conveying alcoholic beverages and other nonalcoholic items to a
25 customer, and may not be used for point of sale purposes or any other
26 purpose. Any alcoholic beverages conveyed to the customer must
27 satisfy the following:
28 (1) Alcoholic beverages that are in the sealed original containers
29 must be placed in a bag that is stamped, printed, or labeled on the
30 outside: "CONTAINS ALCOHOLIC BEVERAGES".
31 (2) Alcoholic beverages that are prepared by the liquor retailer
32 must be packaged by the liquor retailer in qualified containers
33 that are:
34 (A) stamped, printed, or labeled on the outside: "CONTAINS
35 ALCOHOLIC BEVERAGES"; or
36 (B) placed in a bag stamped, printed, or labeled on the outside:
37 "CONTAINS ALCOHOLIC BEVERAGES".
38 (3) Placed by an employee of the permittee who is at least
39 twenty-one (21) years of age:
40 (A) in the trunk of the motor vehicle; or
41 (B) behind the last upright seat of the motor vehicle, if the
42 motor vehicle is not equipped with a trunk.
2025 IN 381—LS 7202/DI 87 7
1 A retailer permittee may only convey a customer's order of alcoholic
2 beverages to the customer, if the customer has also purchased a meal
3 from the retailer permittee that is conveyed to the customer at the same
4 time as the alcoholic beverages.
5 (e) The employee of the permittee that conveys the alcoholic
6 beverages to the customer must require the customer to provide proof
7 of age in accordance with IC 7.1-5-10-23.
8 (f) The parking lot or area where the alcoholic beverages are
9 conveyed to the customer must be:
10 (1) well lit; and
11 (2) within clear view of the main entrance to the building of the
12 retailer premises.
13 (g) If a liquor retailer prepares and packages liquor:
14 (1) for sale and delivery to a customer on the licensed premises
15 for consumption off the licensed premises; and
16 (2) in a container that is not in a qualified container;
17 the commission may revoke the liquor retailer's privilege under this
18 section of preparing and packaging liquor for sale and delivery to a
19 customer in a qualified container.
20 SECTION 9. IC 7.1-3-10-7, AS AMENDED BY P.L.194-2021,
21 SECTION 40, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
22 JULY 1, 2025]: Sec. 7. (a) The holder of a liquor dealer's permit shall
23 be entitled to purchase liquor only from a permittee entitled to sell to
24 a liquor dealer under this title.
25 (b) A liquor dealer shall be entitled to possess liquor and sell it at
26 retail in its original package to a customer only for consumption off the
27 licensed premises.
28 (c) A liquor dealer may deliver liquor only in permissible containers
29 to a customer's residence or office in a quantity that does not exceed
30 twelve (12) quarts at any one (1) time. This delivery may only be
31 performed by the permit holder, or an employee who holds an
32 employee permit, or the holder of a carrier's permit under
33 IC 7.1-3-18-2. However, a liquor dealer who is licensed under
34 IC 7.1-3-10-4 may deliver liquor in permissible containers to a
35 customer's residence, office, or designated location. The permit holder
36 shall maintain a written record of each delivery for at least one (1) year
37 that shows the customer's name, location of delivery, and quantity sold.
38 (d) A liquor dealer may not sell or deliver alcoholic beverages or
39 any other item through a window in the licensed premises to a patron
40 who is outside the licensed premises. However, a liquor dealer that is
41 a drug store may sell prescription drugs and health and beauty aids
42 through a window in the licensed premises to a patron who is outside
2025 IN 381—LS 7202/DI 87 8
1 the licensed premises.
2 SECTION 10. IC 7.1-3-10-7.5 IS ADDED TO THE INDIANA
3 CODE AS A NEW SECTION TO READ AS FOLLOWS
4 [EFFECTIVE JULY 1, 2025]: Sec. 7.5. (a) This section applies only
5 to a liquor dealer who:
6 (1) is the proprietor of a drug store; and
7 (2) holds a license issued by the Indiana board of pharmacy.
8 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
9 liquor dealer described in subsection (a) may include the liquor
10 dealer's parking lot or an area adjacent to the liquor dealer's
11 premises that may be used for the purpose of conveying liquor or
12 mixed beverages if the liquor dealer:
13 (1) requires a customer to provide a valid government issued
14 identification at the time of pickup;
15 (2) prohibits the use of curbside delivery or pickup service by
16 an intoxicated person or a person less than twenty-one (21)
17 years of age; and
18 (3) requires the employee delivering containers of liquor or
19 mixed beverages to a customer's vehicle to be at least eighteen
20 (18) years of age.
21 (c) A liquor dealer may not convey liquor or mixed beverages
22 under subsection (b):
23 (1) if the container of liquor or mixed beverages is open; or
24 (2) through a drive-through window.
25 SECTION 11. IC 7.1-3-14-4, AS AMENDED BY P.L.167-2024,
26 SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
27 JULY 1, 2025]: Sec. 4. (a) The holder of a wine retailer's permit is
28 entitled to purchase wine only from a permittee entitled to sell to the
29 wine retailer under this title. A wine retailer is entitled to possess wine
30 and sell wine at retail to a customer for consumption on the licensed
31 premises. A wine retailer is also entitled to sell wine to a customer and
32 deliver wine in permissible containers to the customer on the licensed
33 premises or to the customer's house. This delivery may only be
34 performed by:
35 (1) the permit holder or an employee who holds an employee
36 permit; or
37 (2) a delivery agent, if the permit holder has entered into a
38 written agreement with a third party delivery service under
39 IC 7.1-3-32.
40 If wine is delivered to a customer's residence by a delivery agent,
41 the delivery is also subject to the restrictions set forth in
42 IC 7.1-3-32. The permit holder shall maintain a written record of each
2025 IN 381—LS 7202/DI 87 9
1 delivery for at least one (1) year that shows the customer's name,
location of delivery, and quantity sold. Subject to subsection (g), 2 a wine
3 retailer also may prepare and package wine in qualified containers for
4 sale and delivery to a customer on the licensed premises for
5 consumption off the licensed premises.
6 (b) A wine retailer is not entitled to sell wine at wholesale. A wine
7 retailer is not entitled to sell and deliver wine on the street or at the
8 curb outside the licensed premises, nor is the wine retailer entitled to
9 sell wine at a place other than the licensed premises. However, a wine
10 retailer may offer food service (excluding alcoholic beverages) to a
11 patron who is outside the licensed premises by transacting business
12 through a window in the licensed premises.
13 (c) A wine retailer is entitled to sell and deliver wine for carry out,
14 or for at-home delivery. A wine retailer that delivers wine to a
15 customer's residence must require the customer to provide proof of age
16 in accordance with IC 7.1-5-10-23.
17 (d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the
18 wine retailer may include the wine retailer parking lot or an area
19 adjacent to the wine retailer that may only be used for the purpose of
20 conveying alcoholic beverages and other nonalcoholic items to a
21 customer, and may not be used for point of sale purposes or any other
22 purpose. Any alcoholic beverages conveyed to the customer must
23 satisfy the following:
24 (1) Alcoholic beverages that are in the sealed original containers
25 must be placed in a bag that is stamped, printed, or labeled on the
26 outside: "CONTAINS ALCOHOLIC BEVERAGES".
27 (2) Alcoholic beverages that are prepared by the wine retailer
28 must be packaged by the wine retailer in qualified containers that
29 are:
30 (A) stamped, printed, or labeled on the outside: "CONTAINS
31 ALCOHOLIC BEVERAGES"; or
32 (B) placed in a bag stamped, printed, or labeled on the outside:
33 "CONTAINS ALCOHOLIC BEVERAGES".
34 (3) Placed by an employee of the permittee who is at least
35 twenty-one (21) years of age:
36 (A) in the trunk of the motor vehicle; or
37 (B) behind the last upright seat of the motor vehicle, if the
38 motor vehicle is not equipped with a trunk.
39 A retailer permittee may only convey a customer's order of alcoholic
40 beverages to the customer, if the customer has also purchased a meal
41 from the retailer permittee that is conveyed to the customer at the same
42 time as the alcoholic beverages.
2025 IN 381—LS 7202/DI 87 10
1 (e) The employee of the permittee that conveys the alcoholic
2 beverages to the customer must require the customer to provide proof
3 of age in accordance with IC 7.1-5-10-23.
4 (f) The parking lot or area where the alcoholic beverages are
5 conveyed to the customer must be:
6 (1) well lit; and
7 (2) within clear view of the main entrance to the building of the
8 retailer premises.
9 (g) If a wine retailer prepares and packages wine:
10 (1) for sale and delivery to a customer on the licensed premises
11 for consumption off the licensed premises; and
12 (2) in a container that is not in a qualified container;
13 the commission may revoke the wine retailer's privilege under this
14 section of preparing and packaging wine for sale and delivery to a
15 customer in a qualified container.
16 SECTION 12. IC 7.1-3-15-3 IS AMENDED TO READ AS
17 FOLLOWS [EFFECTIVE JULY 1, 2025]: Sec. 3. (a) The holder of a
18 wine dealer's permit shall be entitled to purchase wine only from a
19 permittee who is authorized to sell to a wine dealer under this title. A
20 wine dealer shall be entitled to sell wine for consumption off the
21 licensed premises only and not by the drink.
22 (b) A wine dealer shall be entitled to sell wine in permissible
23 containers in a quantity of not more than three (3) standard cases, as
24 determined under the rules of the commission, in a single transaction.
25 However, a wine dealer who is licensed under IC 7.1-3-10-4 may
26 possess wine and sell it at retail in its original package to a customer
27 only for consumption off the licensed premises.
28 (c) Unless a wine dealer is a grocery store or drug store, a wine
29 dealer may not sell or deliver alcoholic beverages or any other item
30 through a window in the licensed premises to a patron who is outside
31 the licensed premises. A wine dealer that is a grocery store or drug
32 store may sell any item except alcoholic beverages through a window
33 in the licensed premises to a person who is outside the licensed
34 premises.
35 (d) However, A wine dealer who is licensed under IC 7.1-3-10-4
36 may deliver wine only in permissible containers to a customer's
37 residence, office, or designated location. This delivery may only be
38 performed by the permit holder, or an employee who holds an
39 employee permit, or the holder of a carrier's permit under
40 IC 7.1-3-18-2. The permit holder shall maintain a written record of
41 each delivery for at least one (1) year that shows the customer's name,
42 location of delivery, and quantity sold.
2025 IN 381—LS 7202/DI 87 11
1 SECTION 13. IC 7.1-3-15-3.5 IS ADDED TO THE INDIANA
2 CODE AS A NEW SECTION TO READ AS FOLLOWS
3 [EFFECTIVE JULY 1, 2025]: Sec. 3.5. (a) This section applies only
4 to a wine dealer who:
5 (1) is the proprietor of a drug store; and
6 (2) holds a license issued by the Indiana board of pharmacy.
7 (b) Notwithstanding IC 7.1-1-3-20, the licensed premises of a
8 wine dealer described in subsection (a) may include a wine dealer's
9 parking lot or an area adjacent to the wine dealer's premises that
10 may be used for the purpose of conveying wine if the wine dealer:
11 (1) requires a customer to provide a valid government issued
12 identification at the time of pickup;
13 (2) prohibits the use of curbside delivery or pickup service by
14 an intoxicated person or a person less than twenty-one (21)
15 years of age; and
16 (3) requires the employee delivering containers of wine to a
17 customer's vehicle to be at least eighteen (18) years of age.
18 (c) A wine dealer may not convey wine under subsection (b):
19 (1) if the container of wine is open; or
20 (2) through a drive-through window.
21 SECTION 14. IC 7.1-3-21-15, AS AMENDED BY P.L.145-2024,
22 SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
23 JULY 1, 2025]: Sec. 15. (a) This section does not apply to:
24 (1) an employee's permit under IC 7.1-3-18-9; or
25 (2) a delivery agent permit under IC 7.1-3-33.
26 (b) The commission shall not renew or transfer a wholesaler,
27 retailer, dealer, or other permit of any type if the applicant:
28 (1) is seeking a renewal and the applicant has not paid all the
29 property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9
30 that are due currently;
31 (2) is seeking a transfer and the applicant has not paid all the
32 property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for
33 the assessment periods during which the transferor held the
34 permit;
35 (3) is seeking a renewal or transfer and is at least thirty (30) days
36 delinquent in remitting state gross retail taxes under IC 6-2.5 or
37 withholding taxes required to be remitted under IC 6-3-4;
38 (4) is on the most recent tax warrant list supplied to the
39 commission by the department of state revenue; or
40 (5) does not provide the commission with property tax clearance
41 Form 1.
42 (c) The commission shall renew or transfer a permit that the
2025 IN 381—LS 7202/DI 87 12
1 commission denied under subsection (b) when the appropriate one (1)
2 of the following occurs:
3 (1) The person, if seeking a renewal, provides to the commission
4 a statement from the county treasurer of the county in which the
5 property of the applicant was assessed indicating that all the
6 property taxes under IC 6-1.1 and, in a county where the county
7 treasurer collects the innkeeper's tax, the innkeeper's tax under
8 IC 6-9 that were delinquent have been paid.
9 (2) The person, if seeking a transfer of ownership, provides to the
10 commission a statement from the county treasurer of the county
11 in which the property of the transferor was assessed indicating
12 that all the property taxes under IC 6-1.1 and, in a county where
13 the county treasurer collects the innkeeper's tax, the innkeeper's
14 tax under IC 6-9 have been paid for the assessment periods during
15 which the transferor held the permit.
16 (3) The person provides to the commission a statement from the
17 commissioner of the department of state revenue indicating that
18 the person's tax warrant has been satisfied, including any
19 delinquency in innkeeper's tax if the state collects the innkeeper's
20 tax for the county in which the person seeks the permit.
21 (4) The commission receives a notice from the commissioner of
22 the department of state revenue under IC 6-8.1-8-2(k).
23 (5) The commission receives a notice from the commissioner of
24 the department of state revenue stating that the state gross retail
25 and withholding taxes described in subsection (b)(3) have been
26 remitted to the department.
27 (d) The commission shall not issue a new wholesaler, retailer,
28 dealer, or other permit of any type if the applicant:
29 (1) has not paid all the applicant's property taxes under IC 6-1.1
30 and innkeeper's tax under IC 6-9 that are due;
31 (2) is at least thirty (30) days delinquent in remitting state gross
32 retail taxes under IC 6-2.5 or withholding taxes required to be
33 remitted under IC 6-3-4;
34 (3) is on the most recent tax warrant list supplied to the
35 commission by the department of state revenue; or
36 (4) does not provide the commission with property tax clearance
37 Form 1.
38 (e) The commission shall issue a new permit that the commission
39 denied under subsection (d) when one (1) of the following occurs:
40 (1) The applicant provides to the commission a statement from
41 the commissioner of the department of state revenue indicating
42 that the applicant's tax warrant has been satisfied, including any
2025 IN 381—LS 7202/DI 87 13
1 delinquency in innkeeper's tax if the state collects the innkeeper's
2 tax for the county in which the applicant seeks the permit.
3 (2) The commission receives a notice of release from the
4 commissioner of the department of state revenue under
5 IC 6-8.1-8-2(k).
6 (3) The commission receives a notice from the commissioner of
7 the department of state revenue stating that the state gross retail
8 and withholding taxes described in subsection (d)(2) have been
9 remitted to the department.
10 (f) An applicant for issuance of a new permit, renewal, or transfer
11 may not be considered delinquent in the payment of a listed tax (as
12 defined by IC 6-8.1-1-1) if the applicant has filed a proper protest
13 under IC 6-8.1-5-1 contesting the remittance of those taxes. The
14 applicant shall be considered delinquent in the payment of those taxes
15 if the applicant does not remit the taxes owed to the state department
16 of revenue after the later of the following:
17 (1) The expiration of the period in which the applicant may appeal
18 the listed tax to the tax court, in the case of an applicant who does
19 not file a timely appeal of the listed tax.
20 (2) When a decision of the tax court concerning the applicant's
21 appeal of the listed tax becomes final, in the case of an applicant
22 who files a timely appeal of the listed tax.
23 (g) The commission may require that an applicant for the issuance
24 of a new permit, renewal, or transfer of a wholesaler's, retailer's, or
25 dealer's, or other permit of any type furnish proof of the payment of a
26 listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by
27 IC 6-1.1 or receipt of property tax clearance Form 1.
28 (h) The commission may issue to any applicant for renewal of a
29 permit that is delinquent in the payment of a listed tax (as defined in
30 IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the
31 term of the permit.
32 SECTION 15. IC 7.1-3-32 IS ADDED TO THE INDIANA CODE
33 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
34 JULY 1, 2025]:
35 Chapter 32. Delivery Service Permit
36 Sec. 1. "Delivery agent" means an individual who:
37 (1) delivers alcoholic beverages to consumers as an employee
38 or independent contractor of a third party delivery service;
39 and
40 (2) holds a delivery agent permit under IC 7.1-3-33.
41 Sec. 2. "Seller" means a person who holds any of the following:
42 (1) A three-way permit.
2025 IN 381—LS 7202/DI 87 14
1 (2) A two-way permit.
2 (3) A one-way permit.
3 Sec. 3. "Third party delivery service" means a person that:
4 (1) operates an online platform that is:
5 (A) used by sellers to market alcoholic beverages to
6 consumers for personal use and not for resale; and
7 (B) accessed by consumers via website or mobile
8 application to order alcoholic beverages from sellers for
9 delivery; and
10 (2) arranges for a delivery agent to deliver the alcoholic
11 beverages ordered under subdivision (1)(B).
12 The term does not include a common carrier or an entity that
13 deals, handles, sells, offers for sale, or possesses for sale alcoholic
14 beverages or processes payments for the sale of alcoholic
15 beverages.
16 Sec. 4. (a) A third party delivery service may not arrange
17 delivery of alcoholic beverages from a seller to a consumer, unless
18 the third party delivery service:
19 (1) holds a delivery service permit;
20 (2) has a written agreement with the seller; and
21 (3) arranges for delivery of the order by a delivery agent with
22 whom the third party delivery service has a written
23 agreement.
24 (b) A third party delivery service or delivery agent may not
25 impose a delivery charge that is:
26 (1) a commission for; or
27 (2) a percentage of;
28 an alcoholic beverage sale.
29 Sec. 5. All deliveries of alcoholic beverages must meet the
30 following requirements:
31 (1) Alcoholic beverages must be:
32 (A) in sealed, original containers;
33 (B) placed in a bag by the seller that is stamped, printed, or
34 labeled on the outside: "CONTAINS ALCOHOLIC
35 BEVERAGES";
36 (C) picked up by the delivery agent from a location inside
37 the licensed premises of the seller and not in the seller's
38 parking lot or an area adjacent to the seller; and
39 (D) delivered from the seller's licensed premises to the
40 consumer at the consumer's residence.
41 (2) For each order, the seller must obtain the consumer's
42 name, residence address, telephone number, and proof that
2025 IN 381—LS 7202/DI 87 15
1 the consumer is at least twenty-one (21) years of age. The
2 seller may:
3 (A) use an age verification service; or
4 (B) require a consumer to electronically transmit a copy of
5 the consumer's state government issued or federal
6 government issued identification card.
7 (3) A delivery agent must:
8 (A) deliver the alcoholic beverages to the consumer's
9 residence; and
10 (B) obtain the consumer's:
11 (i) proof of age in accordance with IC 7.1-5-10-23; and
12 (ii) signature.
13 (4) A delivery order of alcoholic beverages from a retailer
14 must also include a meal purchased from the retailer.
15 Sec. 6. To be eligible for a delivery service permit, a person must
16 satisfy the following requirements:
17 (1) The person must qualify with the secretary of state to do
18 business in Indiana and consent to the personal jurisdiction of
19 the commission and the courts of Indiana.
20 (2) The person must have general liability insurance coverage
21 with an alcoholic beverage liability endorsement:
22 (A) in an amount of at least one million dollars
23 ($1,000,000) per occurrence; and
24 (B) that provides coverage for delivery agents of the third
25 party delivery service.
26 (3) The person may not hold any other permit under this title.
27 (4) Any individual who delivers orders that contain alcoholic
28 beverages for the third party delivery service must have a
29 delivery agent permit.
30 (5) The person must pay the permit fee under IC 7.1-4-4.1-22.
31 Sec. 7. (a) The term of a delivery service permit begins on:
32 (1) the date approved by the commission for an initial
33 application; and
34 (2) July 1 to renew a permit;
35 and expires on June 30 of the second year following the year in
36 which the application was initially approved under subdivision (1)
37 or the permit was renewed under subdivision (2).
38 (b) A delivery service permit may be renewed in accordance
39 with rules adopted by the commission.
40 Sec. 8. A third party delivery service shall maintain records
41 containing the following information for two (2) years after the
42 date of a delivery of alcoholic beverages:
2025 IN 381—LS 7202/DI 87 16
1 (1) The name and address of the seller.
2 (2) The delivery date.
3 (3) The name and address of the consumer.
4 (4) The name of the delivery agent.
5 (5) The quantity delivered.
6 The third party delivery service shall make these records available
7 to the commission upon receiving a written request from the
8 commission.
9 SECTION 16. IC 7.1-3-33 IS ADDED TO THE INDIANA CODE
10 AS A NEW CHAPTER TO READ AS FOLLOWS [EFFECTIVE
11 JULY 1, 2025]:
12 Chapter 33. Delivery Agent Permit
13 Sec. 1. The commission may issue a delivery agent permit to an
14 individual who wants to deliver alcoholic beverages to consumers
15 as an employee or independent contractor of a third party delivery
16 service under IC 7.1-3-32.
17 Sec. 2. To be eligible for or to continue to hold a delivery agent
18 permit, an individual must:
19 (1) be at least twenty-one (21) years of age;
20 (2) have a valid driver's license and adequate vehicle
21 coverage;
22 (3) not be a common carrier;
23 (4) not hold any permit under this title to manufacture, sell,
24 or wholesale alcoholic beverages;
25 (5) successfully complete an alcohol server training program
26 under IC 7.1-3-1.5;
27 (6) pay the permit fee under IC 7.1-4-4.1-23; and
28 (7) satisfy any other requirements of the commission.
29 Sec. 3. The following provisions regarding the issuance and
30 revocation of an employee's permit also apply to the issuance and
31 revocation of a delivery agent permit:
32 (1) IC 7.1-3-18-9(f) through IC 7.1-3-18-9(i).
33 (2) IC 7.1-3-18-9.5.
34 Sec. 4. The holder of a delivery agent permit, regardless of
35 whether the holder is an employee or independent contractor of a
36 third party delivery service, may only make alcoholic beverage
37 deliveries if the holder has entered into a written agreement with
38 the third party delivery service.
39 SECTION 17. IC 7.1-4-4.1-22 IS ADDED TO THE INDIANA
40 CODE AS A NEW SECTION TO READ AS FOLLOWS
41 [EFFECTIVE JULY 1, 2025]: Sec. 22. (a) The fee for a delivery
42 service permit is five hundred dollars ($500). The term of a
2025 IN 381—LS 7202/DI 87 17
1 delivery service permit is two (2) years.
2 (b) The commission shall deposit all fees collected under this
3 section into the enforcement and administration fund established
4 under IC 7.1-4-10.
5 SECTION 18. IC 7.1-4-4.1-23 IS ADDED TO THE INDIANA
6 CODE AS A NEW SECTION TO READ AS FOLLOWS
7 [EFFECTIVE JULY 1, 2025]: Sec. 23. (a) The fee for a delivery
8 agent permit is forty-five dollars ($45). The term of a delivery
9 agent permit is three (3) years.
10 (b) The commission shall deposit all fees collected under this
11 section into the enforcement and administration fund established
12 under IC 7.1-4-10.
13 SECTION 19. IC 7.1-5-6-3, AS AMENDED BY P.L.32-2019,
14 SECTION 14, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
15 JULY 1, 2025]: Sec. 3. (a) It is unlawful for a person to act as a clerk
16 in a package liquor store, or as a bartender, waiter, waitress, or
17 manager for a retailer permittee, or as a delivery agent, unless that
18 person has applied for and been issued the appropriate permit. This
19 section does not apply to dining car or boat employees, to a person
20 described in IC 7.1-3-1.7, or to a person described in IC 7.1-3-18-9(d).
21 A person who knowingly or intentionally violates this subsection
22 commits a Class C infraction. However, the violation is a Class B
23 misdemeanor if the person has a prior unrelated adjudication or
24 conviction for a violation of this section within the previous five (5)
25 years.
26 (b) It is a defense to a charge under this section if, not later than
27 thirty (30) days after being cited by the commission, the person who
28 was cited produces evidence that the appropriate permit was issued by
29 the commission on the date of the citation.
30 (c) It is a defense to a charge under this section for a new applicant
31 for a permit if, not later than thirty (30) days after being cited by the
32 commission, the new applicant who was cited produces a receipt for a
33 cashier's check or money order showing that an application for the
34 appropriate permit was applied for on the date of the citation.
2025 IN 381—LS 7202/DI 87