Sec. 5. (a) The following apply to the holder of a farm winery permit:

(1) A holder is entitled to manufacture wine and to bottle wine produced by the permit holder's farm winery.

(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; or

(D) any combination of receptacles listed in clauses (A) through (C).

(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) a box that contains a bag designed for storing and dispensing wine;

(C) bulk container;

(D) the case; or

(E) any combination of receptacles listed in clauses (A) through (D);

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;

(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.

(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 the manufacturing or bottling of wine.

(c) 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.