Rules & Laws
The Excise Police would like you to know...
- Indiana law requires permittees and their employees to check identification of any person under the age of 40 when conducting carryout sales. While there is no similar ID requirement law for on-premise consumption, the Excise Police encourage requiring identification from anyone appearing under 26 years of age when making sales for on-premise consumption. Acceptable forms of identification are picture ID's, including but not limited to, a driver's license, state-issued ID card, US Government identification. REMEMBER: If you still question the age of the person you should refuse to serve them.
- Sunday through Saturday, the legal hours for the dispensing of alcoholic beverages are 7:00AM to 3:00AM (IC 7.1-3-1-14).
Retailer permittees may allow the consumption of alcoholic beverages for a period of thirty minutes after the legal dispensing hours only if the alcoholic beverages to be consumed were purchased and received by the consumer before the applicable times (see above hours) to stop the dispensing of alcoholic beverages. After this thirty minute period, all containers that have previously had alcoholic beverages in them must be cleared from the tables, counters, bars, etc. (905 IAC 1-10-1)
- Alcoholic beverage vs. non-alcoholic beverage: These beverages, e.g. Cutter's, Sharp's, etc., are not regulated as an alcoholic beverage in Indiana They are not classified as alcoholic beverages by Indiana law. The term alcoholic beverage means a liquid or solid that:
- Is, or contains, one-half percent (0.5%) or more alcohol by volume
- Is fit for human consumption
- Is reasonably likely, or intended, to be used as a beverage. (IC 7.1-1-3-5)
- It is a criminal offense to sell or furnish alcoholic beverages to an intoxicated person. In addition, the provider may experience civil liabilities if death or injury, even to a third party, occurs as a result of the act. (IC 7.1-5-10-15)
- Permit premises where alcoholic beverages are consumed by the "drink" are required to have food service available, at all times, for at least 25 persons. Minimum food service required consists of hot soups, hot sandwiches, coffee, milk, and soft drinks (see attached rule). (IC 7.1-3-20-9 & 905 IAC 1-20-1)
- An applicant for an employee permit (bartender/waitress/clerk, etc.) may "work on" the receipt (receipt must contain the name of the actual applicant) of a cashier's check or money order made payable to the Indiana ATC. An applicant may "work on" this receipt for a period of ninety (90) days from the date of issuance of the cashier's check or money order. The actual application and payment must be forwarded to the Indiana ATC before the receipt may be "worked on." (IC 7.1-3-18-9(c))
- Those persons under 21 years old may be employed at a permit premise provided they do not handle, serve, or sell alcoholic beverages. (IC 7.1-5-7-13) Individuals who are at least 19 years of age can "ring-up" the sale of alcoholic beverages in the course of their employment at a drug or grocery store if there is at least one other employee on the licensed premise who is twenty-one (21) years of age or older, and responsible for supervising the minor. (905 IAC 1-15.3-1)
- It is unlawful for a permittee to discriminate between purchasers by granting a price discount, allowance, or service charge (a cover charge is not included in this) which is not available to all. For example, "drinks half-price to females", or "prices reduced between 5:00PM and 7:00PM." (IC 7.1-5-5-7 & IC 7.1-5-10-20)
- Minors (those under 21 years of age) need to know that, in accordance with Indiana Code 7.1-5-7-7, it is illegal to knowingly:
- Possess alcohol
- Consume alcohol
- Transport alcohol on a public highway when not accompanied by at least one of his/her parents or guardians.
Note: This list contains only a few of the laws and regulations that a server or permittee should be familiar with before serving alcoholic beverages. It is not intended as a substitute for a server training program given by an Excise Police Officer. When in doubt, about any law, check it out beforehand so problems may be avoided.