Sec. 2. (a) Except as provided in subsection (c), it is unlawful for the holder of a brewer’s permit or for a brewer located outside Indiana that meets the requirements of IC 7.1-3-2-4 and IC 7.1-3-2-5 to hold, acquire, possess, own, or control, or to have an interest, claim, or title, in or to an establishment, company, or corporation holding or applying for a beer wholesaler’s permit under this title, or in its business.

     (b) Except as provided in subsection (c), it is unlawful for the holder of a vintner’s permit or for a vintner located outside Indiana to hold, acquire, possess, own, or control, or to have an interest, claim, or title in or to, an establishment, company, or corporation holding or applying for a wine wholesaler’s permit under this title, or in its business.

     (c) A brewer covered by subsection (a) may provide financial assistance to the holder of a beer wholesaler’s permit. A vintner covered by subsection (b) may provide financial assistance to the holder of the wine wholesaler’s permit. The following conditions apply to the provision of financial assistance under this subsection:

(1) The brewer may not require that the holder of the beer wholesaler’s permit, and the vintner may not require that the holder of a wine wholesaler’s permit, accept the financial assistance.

(2) The financial assistance may be unsecured or secured.

(3) If the financial assistance is secured, it may be secured only by a security interest in the following property of the holder of the wholesaler’s permit:

(A) Inventory of the products of the brewer or vintner.

(B) Premises or equipment, if the premises or equipment is used in the business of the holder of the wholesaler’s permit.

(4) If the financial assistance is secured, the value of the property in which the security interest lies may not substantially exceed the debt secured.

(5) Except as provided in IC 7.1-3-2-9, the brewer or the vintner may not use financial assistance to acquire complete or partial control of the business of the holder of the wholesaler’s permit.

(6) Except as provided in IC 7.1-3-2-9, the brewer or vintner must make available to all wholesalers (of any of its products) any assistance that it offers to any one (1) wholesaler of any of its products. This assistance must be provided on substantially identical terms. The brewer or vintner may not discriminate among wholesalers of any of its products in the enforcement of any terms related to assistance under this section.

(7) The brewer or vintner must report to the commission any assistance that it offers to a wholesaler under this section. It must make this report promptly after the assistance is offered.

     (d) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

[Pre-1973 Recodification Citation: 7-1-1-10.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.112-1987, SEC.9; P.L.72-1997, SEC.4; P.L.159-2014, SEC.57.