Sec. 3. (a) The holder of a wine wholesaler’s permit may purchase, import, and transport wine, brandy, or flavored malt beverage from the primary source of supply. A wine wholesaler may export and transport wine, brandy, or flavored malt beverage by the bottle, barrel, cask, or other container, to points outside Indiana. A wine wholesaler is entitled to sell, furnish, and deliver wine or flavored malt beverage from inventory that has been located on the wholesaler’s premises before the time of invoicing and delivery to a wine wholesaler, a wine retailer, a supplemental caterer, a temporary wine permittee, and a wine dealer, but not at retail. A wine wholesaler may sell, furnish, and deliver brandy from inventory that has been located on the wholesaler’s premises before the time of invoicing and delivery, but not at retail, only to a person who holds a liquor retailer’s permit, a supplemental caterer’s permit, or a liquor dealer’s permit. A holder of a wine wholesaler’s permit may sell wine to the wine wholesaler’s bona fide regular employees. A wine wholesaler may sell, donate, and deliver wine or flavored malt beverage from inventory that has been located on the wholesaler’s premises before the time of invoicing and delivery to a qualified organization that is conducting an allowable event to which IC 7.1-3-6.1 applies or a charity auction to which IC 7.1-3-6.2 applies.

     (b) As used in this section, “brandy” means:

(1) any alcoholic distillate described in 27 C.F.R. § 5.22(d) as in effect on January 1, 1983; or

(2) a beverage product that:

(A) is prepared from a liquid described in subdivision (1);

(B) is classified as a cordial or liqueur as defined in 27 C.F.R. § 5.22(h) as in effect on January 1, 1997; and

(C) meets the following requirements:

(i) At least sixty-six and two-thirds percent (66 2/3%) of the product’s alcohol content is composed of a substance described in subdivision (1).

(ii) The product’s label makes no reference to any distilled spirit other than brandy.

(iii) The product’s alcohol content is not less than sixteen percent (16%) by volume or thirty-two (32) degrees proof.

(iv) The product contains dairy cream.

(v) The product’s sugar, dextrose, or levulose content is at least twenty percent (20%) of the product’s weight.

(vi) The product contains caramel coloring.

     (c) Nothing in this section allows a wine wholesaler to sell, give, purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless the wine wholesaler also holds a beer wholesaler’s permit under IC 7.1-3-3-1.

     (d) A wine wholesaler that also holds a liquor wholesaler’s permit under IC 7.1-3-8 may not:

(1) hold a beer wholesaler’s permit under IC 7.1-3-3;

(2) possess, sell, or transport beer; or

(3) sell more than one million (1,000,000) gallons of flavored malt beverage during a calendar year.

[Pre-1973 Recodification Citation: 7-1-1-23.]

Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.5; Acts 1974, P.L.25, SEC.4. As amended by P.L.101-1983, SEC.2; P.L.57-1984, SEC.10; P.L.72-1996, SEC.9; P.L.75-1997, SEC.1; P.L.224-2005, SEC.8; P.L.165-2006, SEC.25; P.L.153-2015, SEC.10.