Section 7.1-5-11-1.5 - [Effective Until 7/1/2024] Shipments of alcoholic beverages to residents without valid wholesaler permits; violations(a) Except as provided in IC 7.1-3-26, it is unlawful for a person in the business of selling alcoholic beverages in Indiana or outside Indiana to ship or cause to be shipped an alcoholic beverage directly to a person in Indiana who does not hold a valid wholesaler permit under this title. This includes the ordering and selling of alcoholic beverages over a computer network (as defined by IC 35-43-2-3(a)).(b) An in-state or an out-of-state vintner, distiller, brewer, rectifier, or importer that: (1) holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives; and(2) knowingly violates subsection (a); commits a Class A misdemeanor.
(c) A person who is not an in-state or an out-of-state vintner, distiller, brewer, rectifier, or importer that holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives who knowingly violates subsection (a) commits a Level 6 felony.(d) Upon a determination by the commission that a person has violated subsection (a), a wholesaler may not accept a shipment of alcoholic beverages from the person for a period of up to one (1) year as determined by the commission.(e) If the chairman of the alcohol and tobacco commission or the attorney general determines that a vintner, distiller, brewer, rectifier, or importer that holds a basic permit from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives has made an illegal shipment of an alcoholic beverage to consumers in Indiana, the chairman shall: (1) notify the federal Bureau of Alcohol, Tobacco, Firearms and Explosives in writing and by certified mail of the official determination that state law has been violated; and(2) request the federal bureau to take appropriate action.(f) The commission shall adopt rules under IC 4-22-2 to implement this section.Amended by P.L. 159-2014, SEC. 87, eff. 7/1/2014.As added by P.L. 121-1998, SEC.2. Amended by P.L. 165-2006, SEC.38.This section is set out more than once due to postponed, multiple, or conflicting amendments.