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Ind. Code § 7.1-3-15-3

Scope of permit

Applied in 3 court decisions — leading case Lebamoff Enterprises, Inc. v. Huskey (2012)

Most recently applied in Indiana Alcohol and Tobacco Commission v. Lebamoff Enterprises, Inc. (March 2015)

Formerly: Acts 1973, P.L.55, SEC.1

How often courts cite this section

2010201510
citing decisions per year

Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.

Sec. 3. (a) The holder of a wine dealer's permit shall be entitled to purchase wine only from a permittee who is authorized to sell to a wine dealer under this title. A wine dealer shall be entitled to sell wine for consumption off the licensed premises only and not by the drink.

(b) A wine dealer shall be entitled to sell wine in permissible containers. However, a wine dealer who is licensed under IC 7.1-3-10-4 may possess wine and sell it at retail in its original package to a customer only for consumption off the licensed premises.

(c) Unless a wine dealer is a grocery store or drug store, a wine 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 wine 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 person who is outside the licensed premises.

(d) A wine dealer may deliver wine as follows:

(1) Except as provided in subdivision (2), only in permissible containers to a customer's:

(A) residence; or

(B) office.

(2) In the case of a wine dealer who is licensed under IC 7.1-3-10-4, only in permissible containers to a customer's:

(A) residence;

(B) office; or

(C) designated location.

A wine 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) The holder of a wine dealer's permit may sell, donate, transport, and deliver wine to a qualified organization for:

(1) an allowable event under IC 7.1-3-6.1;

(2) a charity auction under IC 7.1-3-6.2; or

(3) an event under IC 7.1-3-6.3.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.