2010 Indiana Code
TITLE 7.1. ALCOHOL AND TOBACCO
ARTICLE 5. CRIMES AND INFRACTIONS
CHAPTER 10. UNLAWFUL SALES
IC 7.1-5-10
Chapter 10. Unlawful Sales
IC 7.1-5-10-1
Times when sales unlawful
Sec. 1. (a) Except as provided in subsection (c), it is unlawful to
sell alcoholic beverages at the following times:
(1) At a time other than that made lawful by the provisions of
IC 7.1-3-1-14.
(2) On Christmas Day and until 7:00 o'clock in the morning,
prevailing local time, the following day.
(b) During the time when the sale of alcoholic beverages is
unlawful, no alcoholic beverages shall be sold, dispensed, given
away, or otherwise disposed of on the licensed premises and the
licensed premises shall remain closed to the extent that the nature of
the business carried on at the premises, as at a hotel or restaurant,
permits.
(c) It is lawful for the holder of a valid beer, wine, or liquor
wholesaler's permit to sell to the holder of a valid retailer's or dealer's
permit at any time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.51, SEC.7; P.L.3-1997, SEC.423; P.L.205-1999, SEC.18;
P.L.94-2008, SEC.58; P.L.1-2009, SEC.63; P.L.10-2010, SEC.11.
IC 7.1-5-10-2
Unauthorized sales prohibited
Sec. 2. Unauthorized Sales Prohibited. It is unlawful for a
permittee to recklessly sell, keep for sale, barter, furnish, or give
away an alcoholic beverage which he is not entitled to sell, keep for
sale, barter, furnish, or give away under his permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.715.
IC 7.1-5-10-3
Unauthorized dealings prohibited
Sec. 3. Unauthorized Dealings Prohibited. It is unlawful for a
person who is not a permittee to recklessly give away or furnish, to
a person other than a guest or a member of his family, or to
recklessly sell, barter, or exchange, an alcoholic beverage unless he
is expressly authorized to do so by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.716.
IC 7.1-5-10-4
Sale of untaxed alcoholic beverages prohibited
Sec. 4. Sale of Untaxed Alcoholic Beverages Prohibited. It is
unlawful for a person to recklessly sell, give, withdraw for sale or
gift, offer for sale, display, barter, exchange, purchase, receive,
possess, transport, or store an alcoholic beverage upon which the
appropriate excise tax and applicable license fee have not been paid.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.35.)
As amended by Acts 1978, P.L.2, SEC.717.
IC 7.1-5-10-5
Sale without permit prohibited
Sec. 5. Sale Without Permit Prohibited. It is unlawful for a person,
except as otherwise permitted by this title, to purchase, receive,
manufacture, import, or transport, or cause to be imported or
transported from another state, territory, or country, into this state, or
transport, ship, barter, give away, exchange, furnish, or otherwise
handle, or dispose of an alcoholic beverage, or to possess an
alcoholic beverage for purpose of sale. It is unlawful, also, for a
person knowingly to receive or acquire an alcoholic beverage from
a person who does not hold, unrevoked, the appropriate permit under
this title to sell, deliver, furnish, or give the alcoholic beverage to
him.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-6
Sale of adulterated or misbranded beverage prohibited
Sec. 6. Sale of Adulterated or Misbranded Beverage Prohibited.
It is unlawful for a person to sell, offer or expose for sale, or have in
his possession with intent to sell, an alcoholic beverage that is
adulterated or misbranded. It is unlawful, also, for a person to alter
or change a brand, label, mark, design, device, or inscription that has
reference to the kind, brand, age, quality, quantity, or other
description of the alcoholic beverage contents of a bottle or
container. The possession of an adulterated or misbranded alcoholic
beverage by a permittee, or other person engaged in the manufacture
or traffic in alcoholic beverages, is prima facie evidence of
knowledge of the misbranding or adulteration and of an intent to
violate a provision of this section. The possession by a permittee, or
other person engaged in the alcoholic beverage traffic, of a bottle or
container used, or intended to be used, for containing an alcoholic
beverage on which a label, brand, mark, design, or device has been
altered or changed is prima facie evidence of an intent to violate a
provision of this section.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-7
Purchase from non-permittee prohibited
Sec. 7. Purchase from Non-Permittee Prohibited. It is a Class C
infraction for a person knowingly to purchase, or to agree to
purchase, an alcoholic beverage from a person who does not at the
time of the purchase hold a permit authorizing the seller to sell, or
agree to sell, the alcoholic beverage to the purchaser.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.718.
IC 7.1-5-10-8
Solicitation of certain orders prohibited
Sec. 8. Solicitation of Certain Orders Prohibited. It is unlawful for
a person to solicit or receive, or to allow his employee to solicit or
receive, an order for an alcoholic beverage from another person in
violation of a provision of this title. It is unlawful, also, for a person
to give information of how an alcoholic beverage may be obtained in
violation of a provision of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-9
Alcoholic content regulation
Sec. 9. Alcoholic Content Regulation. It is unlawful, except as
otherwise authorized in this title, for a person to sell, give away,
barter, furnish, or exchange, or to possess or keep for a prohibited
purpose, alcohol as a beverage, or a beverage or liquid likely to be
used or intended to be used as a beverage, which has a content of
alcohol that is higher than is permitted by the rules and regulation of
the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-10
Huckstering prohibited
Sec. 10. Huckstering Prohibited. It is a Class C misdemeanor for
a permittee to recklessly deliver an alcoholic beverage to a consumer
without an order for it, or to recklessly huckster or peddle an
alcoholic beverage to a person who is not a permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.719.
IC 7.1-5-10-11
Sale of cold beer prohibited
Sec. 11. Sale of Cold Beer Prohibited. It is unlawful for the holder
of a beer dealer's permit to offer or display for sale, or sell, barter,
exchange or give away a bottle, can, container, or package of beer
that was iced or cooled by the permittee before or at the time of the
sale, exchange, or gift.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-12
Credit sales prohibited
Sec. 12. Credit Sales Prohibited. It is unlawful for a permittee to
sell, offer to sell, purchase or receive, an alcoholic beverage for
anything other than cash. A permittee who extends credit in violation
of this section shall have no right of action on the claim. This section
shall not prohibit a permittee from crediting to a purchaser the actual
price charged for a package or an original container returned by the
original purchaser as a credit on a sale. This section shall not prohibit
a permittee from refunding to a purchaser the amount paid by the
purchaser for a container, or as a deposit on a container, if it is
returned to the permittee. This section shall not prohibit a
manufacturer from extending usual and customary credit for
alcoholic beverages sold to a customer who maintains a place of
business outside this state when the alcoholic beverages are actually
shipped to a point outside this state. This section shall not prohibit
a distiller or a liquor or wine wholesaler from extending credit on
liquor, flavored malt beverages, and wine sold to a permittee for a
period of fifteen (15) days from the date of invoice, date of invoice
included. However, if the fifteen (15) day period passes without
payment in full, the wholesaler shall sell to that permittee on a cash
on delivery basis only.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.72-1996,
SEC.23.
IC 7.1-5-10-13
Cashing of certain checks prohibited
Sec. 13. A permittee who holds a permit to sell at retail shall not
cash a check issued by the county office of the division of family
resources or by a charitable organization if any part of the proceeds
of the check are to be used to purchase an alcoholic beverage.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.16-1986,
SEC.5; P.L.4-1993, SEC.12; P.L.5-1993, SEC.24; P.L.146-2008,
SEC.360; P.L.44-2009, SEC.3.
IC 7.1-5-10-14
Sales to habitual drunkards prohibited
Sec. 14. Sales to Habitual Drunkards Prohibited. It is unlawful for
a permittee to sell, barter, exchange, give, provide, or furnish an
alcoholic beverage to a person whom he knows to be a habitual
drunkard.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.720.
IC 7.1-5-10-15
Sale to intoxicated person prohibited
Sec. 15. (a) It is unlawful for a person to sell, barter, deliver, or
give away an alcoholic beverage to another person who is in a state
of intoxication if the person knows that the other person is
intoxicated.
(b) In any civil proceeding in which damages are sought from a
permittee or a permittee's agent for the refusal to serve a person an
alcoholic beverage, it is a complete defense if the permittee or agent
reasonably believed that the person was intoxicated or was otherwise
not entitled to be served an alcoholic beverage.
(c) After charges have been filed against a person for a violation
of subsection (a), the prosecuting attorney shall notify the
commission of the charges filed.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.721; P.L.86-1985, SEC.1; P.L.125-2000, SEC.4.
IC 7.1-5-10-15.5
Person furnishing alcoholic beverage; civil liability for damages;
"furnish" defined
Sec. 15.5. (a) As used in this section, "furnish" includes barter,
deliver, sell, exchange, provide, or give away.
(b) A person who furnishes an alcoholic beverage to a person is
not liable in a civil action for damages caused by the impairment or
intoxication of the person who was furnished the alcoholic beverage
unless:
(1) the person furnishing the alcoholic beverage had actual
knowledge that the person to whom the alcoholic beverage was
furnished was visibly intoxicated at the time the alcoholic
beverage was furnished; and
(2) the intoxication of the person to whom the alcoholic
beverage was furnished was a proximate cause of the death,
injury, or damage alleged in the complaint.
(c) If a person who is at least twenty-one (21) years of age suffers
injury or death proximately caused by the person's voluntary
intoxication, the:
(1) person;
(2) person's dependents;
(3) person's personal representative; or
(4) person's heirs;
may not assert a claim for damages for personal injury or death
against a person who furnished an alcoholic beverage that
contributed to the person's intoxication, unless subsections (b)(1) and
(b)(2) apply.
As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.
IC 7.1-5-10-16
Sale to inmate prohibited
Sec. 16. Sale to Inmate Prohibited. It is a Class C infraction for a
person to furnish an alcoholic beverage to a person confined in a
penal facility. It is unlawful, also, for a person who has charge of a
penal facility to knowingly permit a prisoner confined within his
jurisdiction to receive an alcoholic beverage unless it has been
prescribed by a physician as medicine for the prisoner.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.722.
IC 7.1-5-10-17
Sales at fair grounds prohibited
Sec. 17. Sales at Fair Grounds Prohibited. It is unlawful to sell or
dispense an alcoholic beverage on the Indiana State Fair Grounds
during the period of the Indiana state fair.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978,
P.L.2, SEC.723.
IC 7.1-5-10-18
Taking beverage from train prohibited
Sec. 18. Taking Beverage from Train Prohibited. It is unlawful for
the holder of a dining car permit to sell an alcoholic beverage to a
person for the purpose of its being carried off the train. It also is
unlawful for a person to carry an alcoholic beverage off a train that
was purchased on it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-19
Taking beverage from boat prohibited
Sec. 19. Taking Beverage from Boat Prohibited. It is unlawful for
the holder of a boat permit to sell an alcoholic beverage to a person
for the purpose of its being carried off the boat. It also is unlawful for
a person to carry an alcoholic beverage off a boat that was purchased
on it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-5-10-20
Unlawful acts by retailers
Sec. 20. (a) It is unlawful for a holder of a retailer's permit to do
any of the following:
(1) Sell alcoholic beverages during a portion of the day at a
price that is reduced from the usual, customary, or established
price that the permittee charges during the remainder of that
day.
(2) Furnish two (2) or more servings of an alcoholic beverage
upon the placing of an order for one (1) serving to one (1)
person for that person's personal consumption.
(3) Charge a single price for the required purchase of two (2) or
more servings of an alcoholic beverage.
(b) Subsection (a) applies to private clubs but does not apply to
private functions that are not open to the public.
(c) Notwithstanding subsection (a)(1), it is lawful for a holder of
a retailer's permit to sell alcoholic beverages during a portion of the
day at a price that is increased from the usual, customary, or
established price that the permittee charges during the remainder of
that day as long as the price increase is charged when the permittee
provides paid live entertainment not incidental to the services
customarily provided.
(d) Notwithstanding subsection (a), section 12 of this chapter, and
IC 7.1-5-5-7, it is lawful for a hotel, in an area of the hotel in which
alcoholic beverages are not sold, to make available to its registered
guests and their guests alcoholic beverages at no additional charge
beyond what is to be paid by the registered guests as the room rate.
As added by P.L.86-1985, SEC.2. Amended by P.L.79-1986, SEC.5.
IC 7.1-5-10-21
Visiting or maintaining place unlawfully selling alcoholic
beverages; violation
Sec. 21. (a) A person who knowingly or intentionally visits a
building, structure, vehicle, or other place when it is being used by
any person to buy an alcoholic beverage (if the sale is in violation of
section 5 of this chapter) commits visiting a common nuisance, a
Class B misdemeanor.
(b) A person who knowingly or intentionally maintains a building,
structure, vehicle, or other place that is used for the sale of alcoholic
beverages (if the sale is in violation of section 5 of this chapter)
commits maintaining a common nuisance, a Class D felony.
As added by P.L.176-1986, SEC.3.
IC 7.1-5-10-22
Unlawful sale of flavored malt beverage
Sec. 22. It is unlawful for a retailer or dealer to sell a flavored
malt beverage except under the same conditions that a retailer or
dealer is permitted to sell beer or other alcoholic beverages obtained
by the fermentation of an infusion or decoction of barley malt or
other cereal and hops in water.
As added by P.L.72-1996, SEC.24.
IC 7.1-5-10-23
Purchases for consumption off the licensed premises; proof of age;
defense
Sec. 23. (a) It is a Class B misdemeanor for a permittee or an
employee or agent of a permittee to recklessly, knowingly, or
intentionally sell, barter, exchange, provide, or furnish another
person an alcoholic beverage for consumption off the licensed
premises without first requiring the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a similar
card issued under the laws of another state or the federal
government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the
person is at least twenty-one (21) years of age.
(b) In a criminal or administrative proceeding, it is a defense to a
charge under this section that the individual to whom the permittee
or employee or agent of the permittee sold, bartered, exchanged,
provided, or furnished alcoholic beverages for consumption off the
licensed premises was or reasonably appeared to be more than fifty
(50) years of age.
As added by P.L.10-2010, SEC.12.
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