Sec. 2. (a) The commission may issue a brewer's permit for a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a brewer's permit under this subsection for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana if the brewer holds more than one (1) brewer's permit and manufactures, at all of the brewer's breweries located in Indiana, an aggregate of more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:

(1) an individual;

(2) a partnership, all the partners of which are bona fide residents of Indiana;

(3) a limited liability company, all the members of which are bona fide residents of Indiana; or

(4) a corporation organized and existing under the laws of Indiana and having authority under its charter to manufacture or sell beer.

The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.

(b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue more than one (1) permit under this subsection to a brewer if the brewer manufactures, at all of the brewer's breweries located in Indiana, an aggregate of not more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. The commission may issue a permit under this subsection only to:

(1) an individual;

(2) a partnership organized and existing under the laws of Indiana;

(3) a limited liability company organized and existing under the laws of Indiana; or

(4) a corporation organized and existing under the laws of Indiana.

The permit does not limit the number of barrels of beer in a calendar year that the brewer may manufacture for sale or distribution outside Indiana.

[Pre-1973 Recodification Citation: 7-1-1-9.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.3; P.L.72-2004, SEC.5; P.L.186-2011, SEC.2; P.L.71-2012, SEC.1; P.L.79-2015, SEC.1.