Section 905 IAC 1-5.1-1 - GeneralAuthority: IC 7.1-2-3-7; IC 7.1-2-3-8; IC 7.1-2-3-22
Affected: IC 7.1-5
Sec. 1.
(a) Except as provided in 905 IAC 1-5.2, it is unlawful for any primary source of supply or wholesaler to induce, directly or indirectly, any retailer or dealer to purchase any alcoholic beverages from a primary source of supply or wholesaler to the exclusion, in whole or in part, of alcoholic beverages sold or offered for sale by another primary source of supply or wholesaler by doing any of the acts in this section. Except as provided in 905 IAC 1-5.2, it is also unlawful for any retailer or dealer to purchase, or offer to purchase, any alcoholic beverages from a primary source of supply or wholesaler to the exclusion, in whole or in part, of alcoholic beverages sold or offered for sale by another primary source of supply or wholesaler, if the selling primary source of supply or wholesaler has done, or is requested by the retailer or dealer to do, any of the following:(1) Acquiring or holding any interest in any retailer or dealer permit except as permitted by IC 7.1-3-10-12.(2) Acquiring any interest in real or personal property owned, occupied, or used by the retailer or dealer in the conduct of its alcoholic beverage business, except to the extent a lien or other security interest is acquired to secure payment of goods sold on credit if such credit is permissible under IC 7.1.(3) Furnishing, giving, renting, lending, or selling to the retailer or dealer, any equipment, fixtures, supplies, money, services, or other things of value subject to the exceptions contained in 905 IAC 1-5.2.(4) Paying or crediting the retailer or dealer for any advertising, display, or distribution service.(5) Guaranteeing any loan or the repayment of any financial obligation of the retailer or dealer.(6) Requiring the retailer or dealer to take and dispose of a certain quota of any alcoholic beverages.(b) The element of exclusion set forth in this rule is required only for violations of this section and shall not be required to prove violations under sections 2 through 12 of this rule. Alcohol and Tobacco Commission; 905 IAC 1-5.1-1; filed Jul 12, 1994, 3:30 p.m.: 17 IR 2879; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFAReadopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA