2010 Indiana Code
TITLE 7.1. ALCOHOL AND TOBACCO
ARTICLE 3. PERMITS
CHAPTER 13. WINE WHOLESALERS' AND BOTTLERS' PERMITS

IC 7.1-3-13
     Chapter 13. Wine Wholesalers' and Bottlers' Permits

IC 7.1-3-13-1
Wine wholesalers' permit; issuance
     Sec. 1. (a) The commission may issue a wine wholesaler's permit to sell wine, or wine and brandy, at wholesale to a person who:
        (1) notwithstanding IC 7.1-5-9-4, holds a beer wholesaler's permit;
        (2) holds a liquor wholesaler's permit; or
        (3) does not hold an alcoholic beverage wholesaler's permit, but meets the qualifications to hold either a beer or a liquor wholesaler's permit.
    (b) The holder of a wine wholesaler's permit under subsection (a)(1) or (a)(2):
        (1) is considered the same as a person who holds a wine wholesaler's permit under subsection (a)(3) for purposes of conducting activities and operations under the wine wholesaler's permit; and
        (2) may operate the beer or liquor wholesale business independently of the wine wholesale business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.101-1983, SEC.1; P.L.112-1987, SEC.7.

IC 7.1-3-13-2
Repealed
    (Repealed by P.L.112-1987, SEC.10.)

IC 7.1-3-13-2.5
Wine wholesalers; premises description required; wine storage; wholesaler business on farm winery or brandy distiller premises; goods and services provided by farm winery or brandy distiller
     Sec. 2.5. (a) All premises to be used by an applicant for a wine wholesaler's permit must be described in the application for the permit and in the permit, if the permit is issued. A wine wholesaler may not keep or store wine at any place other than the premises described in the wine wholesaler's application and permit. A person who holds a wine wholesaler's permit and who also holds a beer wholesaler's permit is not disqualified from using multiple premises for the storage of wine because the person holds a beer wholesaler's permit. The holder of a wine wholesaler's permit issued under IC 7.1-4-4.1-13(c) may enter into an agreement to:
        (1) locate the wine wholesaler's business within the licensed premises of a farm winery or a farm winery brandy distiller; or
        (2) use goods and services provided by a farm winery or a farm winery brandy distiller;
or both.
    (b) A direct wine seller under IC 7.1-3-26 is not considered an affiliate of a wine wholesaler for purposes of IC 7.1-3-26-7(9) for an agreement under this section. As added by P.L.85-1985, SEC.8. Amended by P.L.165-2006, SEC.24.

IC 7.1-3-13-3
Scope of permit; brandy
     Sec. 3. (a) The holder of a wine wholesaler's permit may purchase, import, and transport wine, brandy, or flavored malt beverage from the primary source of supply. A wine wholesaler may export and transport wine, brandy, or flavored malt beverage by the bottle, barrel, cask, or other container, to points outside Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine or flavored malt beverage from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery to a wine wholesaler, a wine retailer, a supplemental caterer, a temporary wine permittee, and a wine dealer, but not at retail. A wine wholesaler may sell, furnish, and deliver brandy from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery, but not at retail, only to a person who holds a liquor retailer's permit, a supplemental caterer's permit, or a liquor dealer's permit. A holder of a wine wholesaler's permit may sell wine to the wine wholesaler's bona fide regular employees.
    (b) As used in this section, "brandy" means:
        (1) any alcoholic distillate described in 27 CFR 5.22(d) as in effect on January 1, 1983; or
        (2) a beverage product that:
            (A) is prepared from a liquid described in subdivision (1);
            (B) is classified as a cordial or liqueur as defined in 27 CFR 5.22(h) as in effect on January 1, 1997; and
            (C) meets the following requirements:
                (i) At least sixty-six and two-thirds percent (66 2/3%) of the product's alcohol content is composed of a substance described in subdivision (1).
                (ii) The product's label makes no reference to any distilled spirit other than brandy.
                (iii) The product's alcohol content is not less than sixteen percent (16%) by volume or thirty-two (32) degrees proof.
                (iv) The product contains dairy cream.
                (v) The product's sugar, dextrose, or levulose content is at least twenty percent (20%) of the product's weight.
                (vi) The product contains caramel coloring.
    (c) Nothing in this section allows a wine wholesaler to sell, give, purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless the wine wholesaler also holds a beer wholesaler's permit under IC 7.1-3-3-1.
    (d) A wine wholesaler that also holds a liquor wholesaler's permit under IC 7.1-3-8 may not:
        (1) hold a beer wholesaler's permit under IC 7.1-3-3;
        (2) possess, sell, or transport beer; or
        (3) sell more than one million (1,000,000) gallons of flavored malt beverage during a calendar year. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.5; Acts 1974, P.L.25, SEC.4.) As amended by P.L.101-1983, SEC.2; P.L.57-1984, SEC.10; P.L.72-1996, SEC.9; P.L.75-1997, SEC.1; P.L.224-2005, SEC.8; P.L.165-2006, SEC.25.

IC 7.1-3-13-3.5
Requirements to sell wine purchased from estate sale; immunity from product liability
     Sec. 3.5. (a) A wine wholesaler may sell wine purchased from an estate sale only if the following requirements are met:
        (1) The primary source of the wine sold at auction:
            (A) is authorized to sell wine in Indiana on the date the wine is resold by the wholesaler;
            (B) is given notice of the purchase by the wine wholesaler; and
            (C) authorizes the wine wholesaler to resell the wine purchased.
        (2) The seller of wine at auction is a bona fide estate of an Indiana decedent.
        (3) Each wine bottle is affixed with a sticker indicating that the wine was purchased from an estate.
    (b) The notice given to the primary source under subsection (a)(1) must include the following information:
        (1) The name of the seller.
        (2) The amount of the product purchased and the sale price at auction.
        (3) The vintage of the wine purchased.
    (c) A wholesaler is not liable for product liability for wine that the wholesaler sells from an estate auction purchase.
As added by P.L.94-2008, SEC.34.

IC 7.1-3-13-4
Wine bottlers' permit; application
     Sec. 4. Wine Bottlers' Permit: Application. The commission may issue a wine bottler's permit to a person who desires to commercially bottle wine.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-13-5
Persons eligible for permits
     Sec. 5. Persons Eligible for Permits. The commission shall not issue a wine bottler's permit to a person who is the holder of wine wholesaler's permit, a beer wholesaler's permit, or a liquor wholesaler's permit. A person shall be eligible to hold additional wine bottler's permits upon payment of the proper additional annual license fees.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-13-6
Scope of permit      Sec. 6. Scope of Permit. The holder of a wine bottler's permit shall be entitled to import and transport wine from another state, or country, into this state. He shall be entitled to export and transport wine, by the bottle, barrel, cask, or other container, to points outside this state. A wine bottler shall have the exclusive right to bottle, to label, or both, with his own private label, or another label authorized by its owner, or to place wine in containers different from those in which the wine was imported into this state. Within this state, the holder of a wine bottler's permit shall be entitled to sell, furnish, and deliver wine only to a wine wholesaler, and shall be specifically prohibited from selling, furnishing, and delivering wine to a wine retailer or a wine dealer. Further, he shall not be entitled to sell wine at retail.
(Formerly: Acts 1973, P.L.55, SEC.1.)