Sec. 1.5. (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)).

Attorney's Note

Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
ClassPrisonFine
Level 6 felonybetween 6 mos. and 2 1/2 yearsup to $10,000
Class A misdemeanorup to 1 yearup to $5,000
For details, see Ind. Code § 35-50-2-7 and Ind. Code § 35-50-3-2
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Terms Used In Indiana Code 7.1-5-11-1.5

  • Attorney: includes a counselor or other person authorized to appear and represent a party in an action or special proceeding. See Indiana Code 1-1-4-5
  • Year: means a calendar year, unless otherwise expressed. See Indiana Code 1-1-4-5
     (b) An in-state or an out-of-state vintner, distiller, brewer, rectifier, or importer that:

(1) holds a basic permit from the federal Alcohol and Tobacco Tax and Trade Bureau, or its successor agency; 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 Alcohol and Tobacco Tax and Trade Bureau, or its successor agency, 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 Alcohol and Tobacco Tax and Trade Bureau, or its successor agency, has made an illegal shipment of an alcoholic beverage to consumers in Indiana, the chairman shall:

(1) notify the federal Alcohol and Tobacco Tax and Trade Bureau, or its successor agency, 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.

As added by P.L.121-1998, SEC.2. Amended by P.L.165-2006, SEC.38; P.L.159-2014, SEC.87; P.L.145-2024, SEC.20.

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