Sec. 5. (a) The following apply to the holder of a farm winery permit:
(1) A holder is entitled to manufacture wine and to place wine produced by the permit holder's farm winery in bottles or other permissible containers.
(2) A holder 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 premises:
(A) holds an employee's permit under IC 7.1-3-18-9; and
(B) completes a server training program approved by the commission.
(3) A holder is entitled to sell the winery's wine on the licensed premises to consumers either by:
(A) the glass;
(B) the bottle;
(C) a box that contains a bag designed for storing and dispensing wine;
(D) any combination of receptacles listed in clauses (A) through (C); or
(E) any other container permissible under federal law.
Notwithstanding IC 7.1-1-3-20, the licensed premises may include the farm winery parking lot or an area adjacent to the farm winery. The parking lot or an adjacent area may only be used for the purpose of conveying alcoholic beverages and other nonalcoholic items to a customer subject to section 5.5 of this chapter, and may not be used for point of sale purposes or any other purpose.
(4) A holder 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) A holder is entitled to sell wine by:
(A) the bottle;
(B) the can;
(C) a box that contains a bag designed for storing and dispensing wine;
(D) bulk container;
(E) the case; or
(F) any combination of receptacles listed in clauses (A) through (E);
to a person who is the holder of a permit to sell wine at wholesale.
(6) A holder is exempt from the provisions of IC 7.1-3-14.
(7) A holder is entitled to advertise the name and address of any retailer or dealer who sells wine produced by the permit holder's winery.
(8) A holder 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) A holder is entitled to purchase and sell bulk wine as set forth in this chapter.
(10) A holder is entitled to sell wine as authorized by this section for carryout on Sunday.
(11) A holder 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 other state.
(12) A holder is entitled to sell the farm winery's wine to the holder of a supplemental caterer's permit issued under IC 7.1-3-9.5 for on-premises consumption only at an event that is held outdoors on property that is contiguous to the farm winery as approved by the commission.
(13) A holder is entitled to be the proprietor of a restaurant that is not subject to the minimum gross food sales or the minimum projected food sales set forth in 905 IAC 1-41-2 and the gross retail income requirements to sell carryout under IC 7.1-3-20-9.5. A holder is entitled to conduct the following activities:
(A) Hold a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant.
(B) Transfer wine directly from the farm winery to a restaurant that the farm winery has an interest in by means of:
(i) bottles or cans;
(ii) bulk containers; or
(iii) a continuous flow system.
(C) Install a window between the farm winery and an adjacent restaurant that allows the public and the holder of the permit to view both premises.
(D) Install a doorway or other opening between the farm winery and an adjacent restaurant that provides the public and the holder of the permit with access to both the farm winery and restaurant.
(14) A holder that does not distribute through an Indiana wine wholesaler is entitled under the farm winery permit to sell and deliver to a person holding a wine retailer or wine dealer permit under this title a total of not more than three thousand (3,000) gallons of the farm winery's wine in a calendar year, if the farm winery has not sold in Indiana more than fifteen thousand (15,000) gallons the previous calendar year. A holder that sells and delivers under this subdivision shall comply with all provisions applicable to a wholesaler in 905 IAC 1-5.1, 905 IAC 1-5.2, 905 IAC 1-21, 905 IAC 1-31, and 905 IAC 1-32.1.
(15) A holder must annually submit to the commission copies of its Indiana and federal excise tax returns.
(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 manufacturing wine or placing wine in bottles or containers.
(c) A farm winery may transfer wine from a storage facility or an additional location described in subsection (b). A farm winery may sell or transfer wine directly to a wine wholesaler from a storage facility separate from the farm winery or an additional location described in subsection (b). A farm winery may not sell or transfer wine from a storage facility to any other permittee or a consumer. The farm winery shall maintain an adequate written record of wine transferred:
(1) between the farm winery and the storage facility; and
(2) from the storage facility to the wholesaler.
(d) With the approval of the commission, a holder of a permit under this chapter may:
(1) individually; or
(2) with other permit holders under this chapter, holders of artisan distiller's permits, holders of brewer's permits issued under IC 7.1-3-2-2(b), or any combination of holders described in this subdivision;
participate in a trade show or an exposition at which products of each permit holder participant are displayed, promoted, and sold. All of the permit holders may occupy the same tent, structure, or building. 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.
[Pre-1973 Recodification Citation: 7-1-1-22.5.]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.71, SEC.2. As amended by P.L.85-1985, SEC.7; P.L.74-1996, SEC.1; P.L.201-1999, SEC.4; P.L.177-1999, SEC.7; P.L.235-2001, SEC.2; P.L.41-2002, SEC.2; P.L.224-2005, SEC.7; P.L.165-2006, SEC.23; P.L.186-2011, SEC.4; P.L.214-2016, SEC.8; P.L.85-2017, SEC.33; P.L.270-2017, SEC.9; P.L.279-2019, SEC.5; P.L.285-2019, SEC.29; P.L.194-2021, SEC.42.