Industry member conduct — Donation of intoxicating liquor

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  1. (a) As used in this section:

    1. (1) “Industry member” means any one (1) or more of the following:

      1. (A) A distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor that holds a valid and appropriate permit issued by the Alcoholic Beverage Control Division;

      2. (B) An agent of a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor, including without limitation an employee, shareholder, owner, partner, corporate officer, or director; or

      3. (C) A business paid by a distiller, manufacturer, importer, producer, wholesaler, or distributor of intoxicating liquor to assist in targeting and promoting the sale of intoxicating liquor, including without limitation an advertising agency or marketing firm; and

    2. (2) “Retailer” means a person or business that:

      1. (A) Is devoted wholly or partially to the sale of intoxicating liquor at retail; and

      2. (B) Holds a valid retailer's permit issued by the division.

  2. (b) An industry member or retailer may donate intoxicating liquor for on-premises consumption at a function to a charitable or nonprofit organization that does not have a permit to dispense intoxicating liquors if the premises used by the nonprofit organization has a permit for on-premises consumption of alcoholic beverages issued by the Director of the Alcoholic Beverage Control Division, if a permit is required by applicable law.

  3. (c) An industry member may provide keg-tapping equipment and hook-up service to a charitable or nonprofit organization at a function.


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