February 8, 2013
HOUSE BILL No. 1017
DIGEST OF HB 1017
(Updated February 6, 2013 12:28 pm - DI 14)
Citations Affected: IC 7.1-3; IC 7.1-5.
Synopsis: Farm wineries. Allows a farm winery permittee to sell not
more than a total of 5,000 gallons of wine during a permit year to
holders of wine dealer's permits or wine retailer's permits.
Effective: July 1, 2013.
January 7, 2013, read first time and referred to Committee on Public Policy.
February 7, 2013, amended, reported _ Do Pass.
February 8, 2013
First Regular Session 118th General Assembly (2013)
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HOUSE BILL No. 1017
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-12-5; (13)HB1017.1.1. -->
SECTION 1. IC 7.1-3-12-5, AS AMENDED BY P.L.186-2011,
SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) The holder of a farm winery permit:
(1) is entitled to manufacture wine and to bottle wine produced by
the permit holder's farm winery;
(2) is entitled to serve complimentary samples of the winery's
wine on the licensed premises or an outside area that is
contiguous to the licensed premises as approved by the
commission if each employee who serves wine on the licensed
(A) holds an employee permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the
(3) is entitled to sell the winery's wine on the licensed premises to
consumers either by the glass, or by the bottle, or both;
(4) is entitled to sell the winery's wine to consumers by the bottle
at a farmers' market that is operated on a nonprofit basis;
(5) is entitled to sell wine by the bottle or by the case to a person
who is the holder of a permit to sell wine at wholesale issued
under IC 7.1-3-13;
(6) is entitled to sell to holders of:
(A) wine retailer's permits issued under IC 7.1-3-14; or
(B) wine dealer's permits issued under IC 7.1-3-15;
not more than a total of five thousand (5,000) gallons of wine,
by the bottle or by the case, during a permit year;
(6) (7) is exempt from the provisions of IC 7.1-3-14;
(7) (8) is entitled to advertise the name and address of any retailer
or dealer who sells wine produced by the permit holder's winery;
(8) (9) for wine described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the wine
on the licensed premises; and
(B) may not sell, offer to sell, or allow the sale of the wine on
the licensed premises;
(9) (10) is entitled to purchase and sell bulk wine as set forth in
(10) (11) is entitled to sell wine as authorized by this section for
carryout on Sunday; and
(11) (12) is entitled to sell and ship the farm winery's wine to a
person located in another state in accordance with the laws of the
(b) With the approval of the commission, a holder of a permit under
this chapter may conduct business at not more than three (3) additional
locations that are separate from the winery. At the additional locations,
the holder of a permit may conduct any business that is authorized at
the first location, except for the manufacturing or bottling of wine.
(c) With the approval of the commission, a holder of a permit under
this chapter may, individually or with other permit holders under this
chapter, participate in a trade show or an exposition at which products
of each permit holder participant are displayed, promoted, and sold.
The commission may not grant approval under this subsection to a
holder of a permit under this chapter for more than forty-five (45) days
in a calendar year.
SOURCE: IC 7.1-5-11-1.5; (13)HB1017.1.2. -->
SECTION 2. IC 7.1-5-11-1.5, AS AMENDED BY P.L.165-2006,
SECTION 38, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 1.5. (a) Except as provided in IC 7.1-3-12-5 and
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)).
(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 a period of up to one (1) year
as determined by the commission.
(c) The commission shall adopt rules under IC 4-22-2 to implement