Indiana Code 7.1-3-27-8. Scope of permit
(1) Manufacture liquor, including blending liquor purchased from another manufacturer with liquor the artisan distiller manufactures under section 11 of this chapter.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $1,000 |
Terms Used In Indiana Code 7.1-3-27-8
- artisan distiller: means a person who holds an artisan distiller's permit under this title. See Indiana Code 7.1-3-27-1
- Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
(3) Insert liquor manufactured by the artisan distiller into a container.
(4) Store liquor manufactured by the artisan distiller, including at a facility located within ten (10) miles of the artisan distiller’s distillery.
(5) Transport, sell, and deliver liquor manufactured by the artisan distiller to:
(A) places outside Indiana; or
(B) the holder of a liquor wholesaler’s permit under IC 7.1-3-8.
(6) Sell liquor manufactured by the artisan distiller to consumers by the drink, bottle, container, or case from the licensed premises of the distillery where the liquor was manufactured. Notwithstanding IC 7.1-1-3-20, the licensed premises may include the distillery parking lot or an area adjacent to the artisan distillery. The parking lot or adjacent area may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 8.1 of this chapter and may not be used for point of sale purposes or any other purpose.
(7) Serve complimentary samples of the liquor manufactured by the artisan distiller to consumers on the premises of the distillery where the liquor was manufactured.
(8) Sell liquor as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than four and five-tenths (4.5) liters.
(9) With the approval of the commission, participate:
(A) individually; or
(B) with other permit holders under this chapter, holders of farm winery permits, holders of brewer’s permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this clause;
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 subdivision to participate in a trade show or exposition for more than forty-five (45) days in a calendar year.
(10) 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 and the gross retail income requirements to sell carryout under IC 7.1-3-20-9.5. A holder is entitled to conduct the following activities:
(A) Hold a beer retailer’s permit, a wine retailer’s permit, or a liquor retailer’s permit for a restaurant.
(B) Transfer liquor directly from the artisan distillery to a restaurant that the artisan distiller has an interest in by means of:
(i) bottles;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the artisan distillery and an adjacent restaurant that allows the public and the holder of the permit to view both premises.
(D) Install a doorway or other opening between the artisan distillery and an adjacent restaurant that provides the public and the holder of the permit with access to both the artisan distillery and restaurant.
(11) A holder that does not distribute through an Indiana liquor wholesaler is entitled under the artisan distiller’s permit to sell and deliver to a person holding a liquor retailer or liquor dealer permit under this title a total of not more than one thousand (1,000) gallons of the artisan distillery’s liquor in a calendar year, if the artisan distiller has not sold in Indiana more than nine thousand (9,000) gallons the previous calendar year. A holder that sells and delivers under this subdivision shall comply with all provisions applicable to a wholesaler in 905 IAC 1-5.1, 905 IAC 1-5.2, 905 IAC 1-21, 905 IAC 1-31, and 905 IAC 1-32.1.
(12) A holder must annually submit to the commission copies of its Indiana and federal excise tax returns.
(b) The holder of an artisan distiller’s permit who provides samples or sells liquor by the glass must furnish the minimum food requirements prescribed by the commission.
(c) A storage facility used by an artisan distiller under subsection (a)(4) must conform with federal laws, rules, and regulations. An artisan distiller may transfer liquor from a separate storage facility back to the artisan distillery. An artisan distiller may sell or transfer liquor directly to a liquor wholesaler from a storage facility that is separate from the artisan distillery. An artisan distiller may not sell or transfer liquor from a storage facility to any other permittee or a consumer. The artisan distiller shall maintain an adequate written record of the liquor transferred:
(1) between the artisan distillery and the storage facility; and
(2) from the storage facility to the liquor wholesaler.
(d) The holder of an artisan distiller’s permit may transport liquor to and from a brewery located within the same county for the purposes of carbonating and canning by the brewery. The activity under this subsection is not an interest under IC 7.1-5-9.
(e) An artisan distiller who knowingly or intentionally violates this section commits a Class B misdemeanor.
As added by P.L.109-2013, SEC.6. Amended by P.L.159-2014, SEC.10; P.L.214-2016, SEC.28; P.L.270-2017, SEC.16; P.L.279-2019, SEC.8; P.L.285-2019, SEC.48; P.L.194-2021, SEC.59.