Indiana

The Indiana Alcoholic Beverage Commission was created by an Act of the Indiana General Assembly in 1933, following the repeal of Prohibition. Effective July 1, 2001, the name was changed to the Alcohol and Tobacco Commission (ATC).

The Commission is composed of four (4) members appointed by the Governor of the State of Indiana. There are also local alcoholic beverages boards in each of the state’s 92 counties who consider and review all applications for alcoholic beverage permits in their particular area. The State Excise Police enforce the laws of the State of Indiana related to alcoholic beverages as well as the rules of the Commission.

Laws & Rules:

• Alcohol Beverage Laws (Title 7.1)
• ATC Regulations (Title 905)
• Alcoholic Beverage Excise Tax Regulations (Title 45 Article 7)
• ATC Rulemaking Docket

Required: Yes

Name: Primary Source Registration

Fee: No Fee

Expiration: 2 years from issue date

A winery that is licensed as a Primary Source in Indiana may not also hold a Direct Wine Seller Permit or a Farm Winery Permit.

Resources:

• Primary Source Registration

Required: No

All producers (brewers, distillers, rectifiers, vintners and small wineries) and importers, before shipping or causing to be shipped alcoholic beverages in Indiana, shall make available to the ATC upon request all brands, labels, and trademarks used or proposed to be used by said producer or importer in selling or advertising for sale alcoholic beverage in Indiana.

Labels will be approved by the ATC if they have been approved by the Federal Bureau of Alcohol, Tobacco, and Firearms (905 IAC 1-23-1).

Franchise Law: No

Exclusive Territories: Not Required

Indiana does not have a franchise law for wine.

Required: Yes

Name: Primary Source Suppliers Monthly Report

Due Date: Monthly, by the 10th

A Primary Source Supplier’s Monthly Report for Wine & Liquor must be filed with the Indiana Department of Revenue by the 10th of each month, even if there is no activity to report.

Resources:

• Monthly Report for Primary Source Suppliers
• Electronic Filing for Alcohol Taxpayers

Available: Yes

Fee: $20

Expiration: 1 year from issue date

A Salesman permit is required for any person who procures, or seeks to procure an order or contract for the sale, or for the delivery, or for the transportation of alcoholic beverages; and, also means a person who is engaged in promoting the sale of alcoholic beverages, or in promoting the business of a person engaged in the alcoholic beverage trade in any manner, whether the seller resides within this state and sells to buyers either within or without this state, or whether the seller resides without this state and sells for delivery to buyers within this state. (IC 7.1-1-3-41).

Permits are eligible to renew 90 days prior to expiration and can be renewed until they have been expired for 120 days.

Resources:

• Salesman Permit Application (paper)
• First Time Salesman Permit Application (online)
• Renewal – renew an existing salesman permit online
• Instructions for online salesman applications

License: Not Allowed

Interstate self-distribution is not permitted.

• Trade Practice Laws and Regulations Manual
• Advisory Opinion 24-02: Advertising of Primary Source of Supply & Retailer Permit Premises
• Advisory Opinions
• ATC FAQs
• Policy on Renewals
• ATC Adopted Nonrule Policies
• ATC Trainings & Webinars