Synopsis: Mail order sale of alcoholic beverages. Reclassifies the
violation of certain alcoholic beverage laws relating to the sale,
transport, or possession of untaxed beverages as Class D felonies.
(Current law provides that such violations are Class C misdemeanors.)
Makes it unlawful for a person engaged in the business of selling
alcoholic beverages to ship an alcoholic beverage directly to an Indiana
resident who does not hold a valid wholesaler's permit. Makes it
unlawful for a common carrier to deliver an alcoholic beverage to a
Effective: July 1, 1998.
January 6, 1998, read first time and referred to Committee on Public Policy, Ethics and
A BILL FOR AN ACT to amend the Indiana Code concerning
Whereas, the direct shipment of alcoholic beverages by persons in
the business of selling alcoholic beverages in other states or countries
to residents of Indiana in violation of IC 7.1 poses a serious threat to
the public health, safety, revenue, and the economy of Indiana;
Whereas, the present penalties for illegal direct shipments of alcoholic beverages to residents of Indiana are inadequate to ensure compliance with the provisions of IC 7.1; and
Whereas, the measures provided in this act are fully consistent with the powers conferred upon the state of Indiana by the Twenty-first Amendment to the Constitution of the United States: Therefore,
SOURCE: IC 7.1-5-1-9; (98)IN1093.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 9. Felony Penalty. A
person who knowingly violates
commits a Class D
SOURCE: IC 7.1-5-4-1; (98)IN1093.1.2. --> SECTION 2. IC 7.1-5-4-1 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 1. Possession of Untaxed Beverages Prohibited. It is a Class
C misdemeanor D felony
for a person to sell, barter, give away, or possess, an alcoholic
beverage, knowing that all taxes due the state on it are not paid.
SOURCE: IC 7.1-5-11-1.5; (98)IN1093.1.3. --> SECTION 3. IC 7.1-5-11-1.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 1.5. (a) It is unlawful for a person in the business of selling alcoholic beverages in another state or country to ship or cause to be shipped an alcoholic beverage directly to an Indiana resident who does not hold a valid wholesaler permit under this title.
(b) 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 not more than one (1) year.
(c) The commission shall adopt rules under IC 4-22-2 to implement this section.
SOURCE: IC 7.1-5-11-4; (98)IN1093.1.4. --> SECTION 4. IC 7.1-5-11-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 1998]: Sec. 4. Deliveries Limited. It is unlawful for an officer, agent, or employee of a railroad company, express company, or other common carrier to recklessly deliver
(1) to a person other than the person to whom it is consigned;
it without a written order by the consignee; or
it to a person when the alcoholic beverage has been consigned
to a fictitious person or a person under a fictitious name ; or
(4) to a minor.
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