Sec. 7. (a) The commission may issue a direct wine seller‘s permit to an applicant who meets all of the following requirements:

(1) The applicant is domiciled and has its principal place of business in the United States.

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Terms Used In Indiana Code 7.1-3-26-7

  • applicant: means a person that applies to the commission for a direct wine seller's permit. See Indiana Code 7.1-3-26-2
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
  • seller: means the holder of a direct wine seller's permit issued under this chapter. See Indiana Code 7.1-3-26-4
  • United States: includes the District of Columbia and the commonwealths, possessions, states in free association with the United States, and the territories. See Indiana Code 1-1-4-5
(2) The applicant is engaged in the manufacture of wine.

(3) The applicant holds and acts within the scope of authority of an alcoholic beverage license or permit to manufacture wine that is required:

(A) in Indiana or the state where the applicant is domiciled; and

(B) by the Tax and Trade Bureau of the United States Department of the Treasury.

(4) The applicant qualifies with the secretary of state to do business in Indiana and consents to the personal jurisdiction of the commission and the courts of Indiana.

(5) The applicant:

(A) has not distributed wine through a wine wholesaler in Indiana within the one hundred twenty (120) days immediately preceding the applicant’s application for a direct wine seller’s permit and does not distribute wine through a wine wholesaler in Indiana during the term of the direct wine seller’s permit; or

(B) has operated as a farm winery under IC 7.1-3-12.

(6) The applicant completes documentation regarding the applicant’s application required by the commission.

     (b) The commission may issue a direct wine seller’s permit to an applicant who:

(1) meets the requirements under subsection (a); and

(2) holds a permit issued under this title that allows the sale of an alcoholic beverage at retail.

As added by P.L.165-2006, SEC.34. Amended by P.L.54-2008, SEC.3; P.L.186-2011, SEC.8; P.L.107-2015, SEC.7.

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