Sec. 5. (a) A person located within Indiana or outside Indiana that wants to sell and ship wine directly to a consumer must be the holder of a direct wine seller's permit and comply with this chapter. A person that sells and ships wine directly to a consumer without holding a valid direct wine seller's permit commits a Class A infraction.
(b) The offense described in subsection (a) is:
(1) a Class A misdemeanor if the seller:
(A) knowingly or intentionally violates this section; and
(B) has one (1) prior unrelated conviction or judgment for an infraction under this chapter for an act or omission that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction; and
(2) a Level 6 felony if the seller:
(A) knowingly or intentionally violates this section; and
(B) has at least two (2) prior unrelated convictions or judgments for infractions under this chapter for acts or omissions that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction.
As added by P.L.165-2006, SEC.34. Amended by P.L.159-2014, SEC.4.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 26. Direct Wine Seller's Permit
7.1-3-26-5. Direct Wine Seller Requirements
7.1-3-26-6. Consumer Qualifications; Seller Violation
7.1-3-26-7. Qualifications of Applicant for Direct Wine Seller Permit
7.1-3-26-8. Permit Expiration, Renewal, and Fees
7.1-3-26-9. Direct Wine Seller; Conditions and Requirements
7.1-3-26-10. Direct Sales of Brandy Prohibited
7.1-3-26-12. Annual Limit on Seller's Direct Wine Sales in Indiana
7.1-3-26-13. Delivery to Consumer or Individual at Least 21 Years of Age