2013 Indiana Code
TITLE 7.1. ALCOHOL AND TOBACCO
ARTICLE 5. CRIMES AND INFRACTIONS
CHAPTER 2. ADVERTISING


Download as PDF IC 7.1-5-2 Chapter 2. Advertising IC 7.1-5-2-1 Repealed (Repealed by P.L.58-1984, SEC.6.) IC 7.1-5-2-2 Advertising of proof, amount, or percentage of alcohol in beer, wine, or liquor Sec. 2. It is unlawful for a person to advertise the proof or the amount or percentage of alcohol in beer or wine. It is lawful for a person to advertise the proof or the amount or percentage of alcohol in liquor. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.78-1986, SEC.7. IC 7.1-5-2-3 Signs regulated Sec. 3. Signs Regulated. It is unlawful for the holder of a retailer's or dealer's permit of any type to display, keep, have, or maintain, a sign, advertisement, poster or design, obstruction to view, device or equipment contrary to the provisions of this title, or to a rule or regulation of the commission, in, about, or in connection with his business authorized by his permit. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-5-2-4 Gift of outside sign prohibited Sec. 4. Gift of Outside Sign Prohibited. It is unlawful for a manufacturer of alcoholic beverages or other permittee authorized to sell and deliver alcoholic beverages to give, supply, furnish, or grant, to the holder of a retailer's or dealer's permit a sign, poster, or advertisement for use, or intended to be used, outside of or on the exterior of the licensed premises or on a building situated on the licensed premises or in connection with them, or on premises adjacent to the licensed premises. It is unlawful, also, for a retail or dealer permittee to receive or accept, or to display or permit to be displayed, a sign, poster, or advertisement given in violation of this section. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-5-2-5 Repealed (Repealed by P.L.57-1984, SEC.15.) IC 7.1-5-2-6 Penalty Sec. 6. A person who violates section 4 of this chapter commits a Class C infraction. Each day during which a violation of that section continues is a separate infraction. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.707; P.L.57-1984, SEC.14. IC 7.1-5-2-7 Limitation on brand name advertising near certain premises; temporary banners permitted for sporting events, festivals, and holidays Sec. 7. (a) The term "premises" as used in this subsection does not include a facility (as defined in IC 7.1-2-3-16.5). A primary source of supply, wholesaler, or salesman of alcoholic beverages, or the agent or representative of a primary source of supply, wholesaler, or salesman of alcoholic beverages may not directly or indirectly place, display, or maintain or cause to be placed, displayed, or maintained a sign advertising alcoholic beverages by brand name within two hundred (200) feet of a premises having a retailer or dealer permit to sell alcoholic beverages. The distance must be determined by measuring between the nearest point on the licensed premises to the nearest point of the sign. (b) A sign advertising alcoholic beverages by brand name may not indicate by arrows, hands, or other similar devices a particular retailer or dealer premises. (c) Notwithstanding subsection (a), a primary source of supply, wholesaler, or salesman of alcoholic beverages, or the agent or representative of a primary source of supply, wholesaler, or salesman of alcoholic beverages may place, display, maintain or cause to be placed, displayed, or maintained temporary banners or pennants advertising alcoholic beverages by brand name on or within two hundred (200) feet of a retailer or dealer premises if the banners or pennants commemorate a sporting event, festival, or holiday held in Indiana. The banners or pennants may be displayed under this subsection beginning twenty-one (21) days before the sporting event, festival, or holiday and ending five (5) days after the close of the sporting event, festival, or holiday. As added by P.L.106-1995, SEC.17. Amended by P.L.15-2011, SEC.13.

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