Sec. 3. (a) The holder of a wine dealer's permit shall
be entitled to purchase wine only from a permittee who is authorized
to sell to a wine dealer under this title. A wine dealer shall be entitled
to sell wine for consumption off the licensed premises only and not by
the drink.
(b) A wine dealer shall be entitled to sell wine in permissible
containers. However, a wine dealer who is licensed under IC 7.1-3-10-4 may possess wine and sell it at retail in its original package
to a customer only for consumption off the licensed premises.
(c) Unless a wine dealer is a grocery store or drug store, a wine
dealer may not sell or deliver alcoholic beverages or any other item
through a window in the licensed premises to a patron who is outside
the licensed premises. A wine dealer that is a grocery store or drug
store may sell any item except alcoholic beverages through a window
in the licensed premises to a person who is outside the licensed
premises.
(d) A wine dealer may deliver wine as follows:
(1) Except as provided in subdivision (2), only in permissible
containers to a customer's:
(A) residence; or
(B) office.
(2) In the case of a wine dealer who is licensed under IC 7.1-3-10-4, only in permissible containers to a customer's:
(A) residence;
(B) office; or
(C) designated location.
A wine delivery may only be performed by the permit holder or an
employee who holds an employee permit. The permit holder shall
maintain a written record of each delivery for at least one (1) year that
shows the customer's name, location of delivery, and quantity sold.
(e) The holder of a wine dealer's permit may sell, donate, transport,
and deliver wine to a qualified organization for:
(1) an allowable event under IC 7.1-3-6.1;
(2) a charity auction under IC 7.1-3-6.2; or
(3) an event under IC 7.1-3-6.3.
[Pre-1973 Recodification Citation: 7-1-1-25.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.65-1990, SEC.3; P.L.106-1995, SEC.11; P.L.204-2001, SEC.29;
P.L.41-2002, SEC.4; P.L.152-2025, SEC.18; P.L.163-2025, SEC.37;
P.L.164-2025, SEC.8; P.L.186-2025, SEC.284.
IC 7.1-3-16Chapter 16. Dining Car, Boat, and Temporary Wine Permits
Notes of Decisions
Indiana Alcohol & Tobacco Comm'n v. Lebamoff Enter., Inc., 27 N.E.3d 802 (Ind. Ct. App. 2015).
· cites it 14× “” Ind.Code § 7.1-3-15-3(a). [16] “A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as determined under the rules of the commission, in a single transaction.”
Lebamoff Enter., Inc. v. Snow, 757 F. Supp. 2d 811 (S.D. Ind. 2010).
· cites it 27× “Ind.Code § 7.1-3-15-3(d). Plaintiffs Lebamoff Enterprises, Inc.”
Lebamoff Enter., Inc. v. Huskey, 666 F.3d 455 (7th Cir. 2012).
· cites it 2× “Ind.Code § 7.1-3-15-3(d). With an exception, explained below, that is inapplicable to Cap N’ Cork, the statute forbids deliveries other than by the seller of the wine or an employee of the seller— and Indianapolis is a 130-mile drive from Fort Wayne, well beyond Cap N’ Cork’s…”
Chicago Wine Co. v. Holcomb (S.D. Ind. 2021).
· cites it 32× “Indiana wine retailers may obtain a wine dealer permit under Section 7.1-3-15-3 and a package store permit under Section 7.”
Chicago Wine Co. v. Mike Braun (7th Cir. 2025).
“2012) (Leba- moff Indiana) (concluding that Indiana Code § 7.1-3-15-3(d) forbids in-state retailers from shipping wine to consumers via 30 No.”
— Ind. Code § 7.1-3-15-3(a) — 1 case
Indiana Alcohol & Tobacco Comm'n v. Lebamoff Enter., Inc., 27 N.E.3d 802 (Ind. Ct. App. 2015).
“” Ind.Code § 7.1-3-15-3(a). [16] “A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as determined under the rules of the commission, in a single transaction.”
— Ind. Code § 7.1-3-15-3(b) — 1 case
Indiana Alcohol & Tobacco Comm'n v. Lebamoff Enter., Inc., 27 N.E.3d 802 (Ind. Ct. App. 2015).
“” Ind.Code § 7.1-3-15-3(a). [16] “A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as determined under the rules of the commission, in a single transaction.”
— Ind. Code § 7.1-3-15-3(c) — 1 case
Indiana Alcohol & Tobacco Comm'n v. Lebamoff Enter., Inc., 27 N.E.3d 802 (Ind. Ct. App. 2015).
“” Ind.Code § 7.1-3-15-3(a). [16] “A wine dealer shall be entitled to sell wine in permissible containers in a quantity of not more than three (3) standard cases, as determined under the rules of the commission, in a single transaction.”
— Ind. Code § 7.1-3-15-3(d) — 4 cases
Lebamoff Enter., Inc. v. Huskey, 666 F.3d 455 (7th Cir. 2012).
“Ind.Code § 7.1-3-15-3(d). With an exception, explained below, that is inapplicable to Cap N’ Cork, the statute forbids deliveries other than by the seller of the wine or an employee of the seller— and Indianapolis is a 130-mile drive from Fort Wayne, well beyond Cap N’ Cork’s…”
Chicago Wine Co. v. Holcomb (S.D. Ind. 2021).
“Indiana wine retailers may obtain a wine dealer permit under Section 7.1-3-15-3 and a package store permit under Section 7.”
Chicago Wine Co. v. Mike Braun (7th Cir. 2025).
“2012) (Leba- moff Indiana) (concluding that Indiana Code § 7.1-3-15-3(d) forbids in-state retailers from shipping wine to consumers via 30 No.”
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