Section 7.1-3-9-9 - [Effective 7/1/2024] Scope of permit(a) The holder of a liquor retailer's permit shall be entitled to purchase liquor only from a permittee entitled to sell to the liquor retailer under this title. A liquor retailer shall be entitled to possess liquor and sell liquor at retail to a customer for consumption on the licensed premises. A liquor retailer also shall be entitled to sell liquor to a customer and deliver liquor in permissible containers to the customer on the licensed premises, or to the customer's house. This delivery may only be performed by the permit holder or an employee who holds an employee permit. The permit holder shall maintain a written record of each delivery for at least one (1) year that shows the customer's name, location of delivery, and quantity sold. Subject to subsection (g), a liquor retailer also may prepare and package liquor in qualified containers for sale and delivery to a customer on the licensed premises for consumption off the licensed premises.(b) A liquor retailer shall not be entitled to sell liquor at wholesale. A liquor retailer shall not be entitled to sell and deliver liquor on the street or at the curb outside the licensed premises, nor shall a liquor retailer be entitled to sell liquor at a place other than the licensed premises. However, a liquor retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.(c) A liquor retailer shall not be entitled to sell and deliver liquor for carry out or for at-home delivery, in a quantity that exceeds four (4) quarts at any one (1) time. A liquor retailer that delivers liquor to a customer's residence must require the customer to provide proof of age in accordance with IC 7.1-5-10-23.(d) Notwithstanding IC 7.1-1-3-20, the licensed premises of the liquor retailer may include the liquor retailer parking lot or an area adjacent to the liquor retailer that may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer, and may not be used for point of sale purposes or any other purpose. Any alcoholic beverages conveyed to the customer must satisfy the following:(1) Alcoholic beverages that are in the sealed original containers must be placed in a bag that is stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES". (2) Alcoholic beverages that are prepared by the liquor retailer must be packaged by the liquor retailer in qualified containers that are:(A) stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES"; or(B) placed in a bag stamped, printed, or labeled on the outside: "CONTAINS ALCOHOLIC BEVERAGES".(3) Placed by an employee of the permittee who is at least twenty-one (21) years of age: (A) in the trunk of the motor vehicle; or(B) behind the last upright seat of the motor vehicle, if the motor vehicle is not equipped with a trunk. A retailer permittee may only convey a customer's order of alcoholic beverages to the customer, if the customer has also purchased a meal from the retailer permittee that is conveyed to the customer at the same time as the alcoholic beverages.
(e) The employee of the permittee that conveys the alcoholic beverages to the customer must require the customer to provide proof of age in accordance with IC 7.1-5-10-23.(f) The parking lot or area where the alcoholic beverages are conveyed to the customer must be:(2) within clear view of the main entrance to the building of the retailer premises.(g) If a liquor retailer prepares and packages liquor:(1) for sale and delivery to a customer on the licensed premises for consumption off the licensed premises; and(2) in a container that is not in a qualified container; the commission may revoke the liquor retailer's privilege under this section of preparing and packaging liquor for sale and delivery to a customer in a qualified container.
Pre-1973 Recodification Citation: 7-1-1-19.
Amended by P.L. 167-2024,SEC. 6, eff. 7/1/2024.Amended by P.L. 194-2021,SEC. 37, eff. 7/1/2021.(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by P.L. 112-1987, SEC.6.This section is set out more than once due to postponed, multiple, or conflicting amendments.