Ind. Code § 7.1-5-10-12

Current through P.L. 171-2024
Section 7.1-5-10-12 - Credit sales prohibited; exceptions
(a) Except as provided in subsections (b) through (d) and subsection (g), 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.
(b) A permittee may credit 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 and refund 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.
(c) A manufacturer may extend 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.
(d) An artisan distiller, a distiller, a farm winery, or a liquor or wine wholesaler may extend 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:
(1) wholesaler;
(2) farm winery that sells and delivers under IC 7.1-3-12-5(a)(14); or
(3) artisan distillery that sells and delivers under IC 7.1-3-27-8(a)(11);

shall sell to that permittee on a cash on delivery basis only.

(e) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.
(f) Nothing in this section may be construed to prohibit a hotel, restaurant, caterer, or a club that is not open to the general public from extending credit to a consumer purchasing alcohol for personal use at any time.
(g) Nothing in this section may be construed to prohibit a retailer or dealer from accepting a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card;

from a consumer purchasing alcohol for personal use.

IC 7.1-5-10-12

Pre-1973 Recodification Citation: 7-1-2-1.

Amended by P.L. 194-2021,SEC. 65, eff. 7/1/2021.
Amended by P.L. 156-2020,SEC. 33, eff. 7/1/2020.
Amended by P.L. 285-2019,SEC. 64, eff. 7/1/2019.
Amended by P.L. 234-2017,SEC. 5, eff. 7/1/2017.
Amended by P.L. 159-2014, SEC. 77, eff. 7/1/2014.
Amended by P.L. 109-2013, SEC. 14, eff. 7/1/2013.
(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by P.L. 72-1996, SEC.23.