SENATE BILL No. 106
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-3-5-3; IC 7.1-5-10-11.
Synopsis: Cold beer sales. Allows a holder of a beer dealer's permit
issued to a grocery store or drug store to sell and deliver cold beer that
was manufactured in Indiana by a microbrewery in a quantity that does
not exceed 864 ounces in a single transaction.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Public Policy.
Second Regular Session 117th General Assembly (2012)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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between statutes enacted by the 2011 Regular Session of the General Assembly.
SENATE BILL No. 106
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:
SOURCE: IC 7.1-3-5-3; (12)IN0106.1.1. -->
SECTION 1. IC 7.1-3-5-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 3. (a) The holder of a
beer dealer's permit shall be entitled to purchase beer for sale under the
permit only from a permittee entitled to sell to a beer dealer under this
(b) A beer dealer shall be entitled to possess beer and sell it at retail
to a customer in permissible containers only.
(c) A beer dealer may not sell beer by the drink nor for consumption
on the licensed premises nor shall a beer dealer allow it to be consumed
on the licensed premises.
(d) Except as provided in subsection (e), a beer dealer shall be
entitled to sell beer to a customer and deliver it in permissible
containers to the customer on the licensed premises, or to the
customer's residence or office. A beer dealer shall not be entitled to sell
and deliver beer on the street or at the curb outside the licensed
premises, nor shall a beer dealer be entitled to sell beer at a place other
than the licensed premises. A beer dealer shall not be entitled to sell
beer and deliver beer for carry-out, or for delivery to a customer's
residence or office, in a quantity that exceeds eight hundred sixty-four
(864) ounces in a single transaction. However,
IC 7.1-5-10-11, a beer dealer who is licensed pursuant to IC 7.1-3-10-4
shall be entitled to sell and deliver warm or cold beer for carry-out, or
for delivery to a customer's residence, office, or a designated location
in barrels or other commercial containers that do not exceed two
thousand sixteen (2,016) ounces per container. This delivery may only
be performed by the permit holder or an employee who holds an
employee permit. The permit holder shall maintain a written record of
each delivery for at least one (1) year that shows the customer's name,
location of delivery, and quantity sold.
(e) Unless a beer dealer is a grocery store or drug store, a beer
dealer may not sell or deliver alcoholic beverages or any other item
through a window in the licensed premises to a patron who is outside
the licensed premises. A beer dealer that is a grocery store or drug store
may sell any item except alcoholic beverages through a window in the
licensed premises to a patron who is outside the licensed premises.
(f) The holder of a beer dealer's permit issued to a grocery store
or drug store may sell and deliver cold beer that was manufactured
in Indiana by a brewery described in IC 7.1-3-2-7(5) to customers
for carry-out or for delivery to a customer's residence or office in
a quantity that does not exceed eight hundred sixty-four (864)
ounces in a single transaction.
SOURCE: IC 7.1-5-10-11; (12)IN0106.1.2. -->
SECTION 2. IC 7.1-5-10-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 11.
Sale of Cold Beer
Prohibited. Except as provided under IC 7.1-3-5-3(d) and
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.