Section 7.1-3-2-7 - [Effective 7/1/2024] Scope of permitThe holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do the following:
(2) Place beer in containers or bottles.(4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3.(5) If the brewer manufactures, at all of the brewer's breweries, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may do the following: (A) Sell and deliver a total of not more than thirty thousand (30,000) barrels of beer in a calendar year to a person holding a retailer or a dealer permit under this title. The total number of barrels of beer that the permit holder may sell and deliver under this clause in a calendar year may not exceed thirty thousand (30,000) barrels of beer.(B) Be the proprietor of a restaurant that is not subject to the minimum gross food sales or the minimum projected food sales set forth in 905 IAC 1-41-2.(C) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant established under clause (B).(D) Transfer beer directly from the brewery to the restaurant by means of: (ii) a continuous flow system.(E) Install a window between the brewery and an adjacent restaurant that allows the public and the permittee to view both premises.(F) Install a doorway or other opening between the brewery and an adjacent restaurant that provides the public and the permittee with access to both premises.(G) Sell the brewery's beer by the glass for consumption on the premises. Brewers permitted to sell beer by the glass under this clause must make food available for consumption on the premises. A brewer may comply with the requirements of this clause by doing any of the following: (i) Allowing a vehicle of transportation that is a food establishment (as defined in IC 16-18-2-137) to serve food near the brewer's licensed premises.(ii) Placing menus in the brewer's premises of restaurants that will deliver food to the brewery.(iii) Providing food prepared at the brewery.(H) Sell and deliver beer to a consumer at the licensed premises of the brewer or at the residence of the consumer. Notwithstanding IC 7.1-1-3-20, the licensed premises may include the brewery parking lot or an area adjacent to the brewery that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 10 of this chapter, and may not be used for point of sale purposes or any other purpose. The delivery to a consumer may be made only in a quantity at any one (1) time of not more than one-half (1/2) barrel, but the beer may be contained in bottles or other permissible containers.(I) Sell the brewery's beer as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than five hundred seventy-six (576) ounces. A brewer's beer may be sold under this clause at any address for which the brewer holds a brewer's permit issued under this chapter if the address is located within the same city boundaries in which the beer was manufactured.(J) With the approval of the commission, participate: (ii) with other permit holders under this chapter, holders of artisan distiller's permits, holders of farm winery permits, or any combination of holders described in this item; in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. All of the permit holders may occupy the same tent, structure, or building. The commission may not grant to a holder of a permit under this chapter approval under this clause to participate in a trade show or exposition for more than forty-five (45) days in a calendar year.(K) Store or condition beer in a secure building that is: (i) separate from the brewery; and(ii) owned or leased by the permit holder.(L) Transfer beer from a building described in clause (K) back to the brewery.(M) Sell or transfer beer directly to a beer wholesaler from a building described in clause (K), but may not sell or transfer beer from the building to any other permittee or a consumer. The brewer shall maintain an adequate written record of the beer transferred:(i) between the brewery and the separate building; and(ii) from the separate building to the wholesaler. (N) Sell the brewery's beer to the holder of a supplemental caterer's permit issued under IC 7.1-3-9.5 for on-premises consumption only at an event that is held outdoors on property that is contiguous to the brewery as approved by the commission.(O) Receive liquor from the holder of a distiller's permit issued under IC 7.1-3-7 or the holder of an artisan distiller's permit under IC 7.1-3-27 that is located in the same county as the brewery for the purpose of carbonating and canning the liquor. Upon the completion of canning of the liquor, the product must be returned to the original production facility within forty-eight (48) hours. The activity under this clause is not an interest under IC 7.1-5-9.(P) Receive beer from another permit holder under this subdivision for the purpose of bottling and packaging the beer. Upon completion of bottling and packaging the beer, the product must be returned to the original permit holder who manufactured the beer. The number of barrels of beer that a permit holder receives, bottles, and packages under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year. The activity under this clause is not an interest under IC 7.1-5-9.(Q) Sell or transfer beer directly to a food manufacturer located in Indiana that is registered with the federal Food and Drug Administration for the purpose of adding or integrating the beer into a product or recipe.(R) Manufacture beer for another permit holder under this subdivision. Upon completion of manufacturing the beer, the product must be transported to the permit holder for which the beer was manufactured. To qualify under this clause:(i) the permit holder for which the beer is manufactured must have manufactured not less than forty (40) barrels of beer produced from raw materials at the licensed premises of the permit holder in the previous calendar year; and(ii) the number of barrels of beer that a permit holder manufactures under this clause may not exceed the number of barrels of beer that the permit holder produced from raw materials at the licensed premises of the permit holder in the same calendar year. All records required by the federal Alcohol and Tobacco Tax and Trade Bureau regarding the number of barrels of beer produced from raw materials at the licensed premises of a permit holder must be made available to the commission upon request. The activity under this clause is not an interest under IC 7.1-5-9.
(6) If the brewer's brewery manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana, the permit holder may own a portion of the corporate stock of another brewery that: (A) is located in the same county as the brewer's brewery;(B) manufactures less than ninety thousand (90,000) barrels of beer in a calendar year; and(C) is the proprietor of a restaurant that operates under subdivision (5).(7) Provide complimentary samples of beer that are: (A) produced by the brewer; and(B) offered to consumers for consumption on the brewer's premises.(8) Own a portion of the corporate stock of a sports corporation that: (A) manages a minor league baseball stadium located in the same county as the brewer's brewery; and(B) holds a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant located in that stadium.(9) For beer described in IC 7.1-1-2-3(a)(4): (A) may allow transportation to and consumption of the beer on the licensed premises; and(B) may not sell, offer to sell, or allow sale of the beer on the licensed premises.Pre-1973 Recodification Citation: 7-1-1-9.
Amended by P.L. 26-2024,SEC. 1, eff. 7/1/2024.Amended by P.L. 220-2023,SEC. 4, eff. 7/1/2023.Amended by P.L. 194-2021,SEC. 29, eff. 7/1/2021.Amended by P.L. 285-2019,SEC. 17, eff. 7/1/2019.Amended by P.L. 279-2019,SEC. 3, eff. 7/1/2019.Amended by P.L. 270-2017,SEC. 7, eff. 5/2/2017.Amended by P.L. 214-2016, SEC. 2, eff. 7/1/2016.Amended by P.L. 144-2015, SEC. 1, eff. 7/1/2015.Amended by P.L. 79-2015, SEC. 2, eff. 7/1/2015.Amended by P.L. 71-2012, SEC. 2, eff. 7/1/2012.Amended by P.L. 186-2011, SEC. 3, eff. 7/1/2011.(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by P.L. 52-1992, SEC.3; P.L. 88-1993, SEC.1; P.L. 15-1994, SEC.3; P.L. 107-1995, SEC.1; P.L. 177-1999, SEC.6; P.L. 72-2004, SEC.6; P.L. 94-2008, SEC.26; P.L. 10-2010, SEC.6.This section is set out more than once due to postponed, multiple, or conflicting amendments.