Current through March 20, 2024
Authority: IC
7.1-2-3-7
Affected: IC
7.1-2-3-32
Sec. 2.
(a) For
purposes of this rule, commonly owned retailer and dealer permits, who are not
otherwise a party to a group purchasing agreement shall, by virtue of the
commonality of ownership, be construed to have entered into a group purchasing
agreement with the following requirements:
(1)
The commonly owned permit holder shall maintain a written list of all permit
numbers and the expiration dates thereof on each permit premises owned or
leased by the common permit holder.
(2) The commonly owned permit holder shall
furnish a copy of the list required in subdivision (1) to each wholesale
permittee making sales to any retailer and dealer permittee on such
list.
(3) The commonly owned permit
holder shall furnish to the wholesaler the name and permit premises address of
the designated agent with the authority to contract for the purchase and
delivery of alcoholic beverages on behalf of the commonly owned
permits.
(4) The commonly owned
group purchasing agreement shall submit to the commission the group purchasing
agreement on a form approved by the commission and a group purchasing agreement
premises floor plan for approval under section 4(c) of this rule if the
commonly owned group purchasing agreement intends to utilize an extended floor
plan.
(b) Two (2) or more
independently owned or commonly owned retailer or dealer permittees may enter
into a group purchasing agreement for the purpose of purchasing alcoholic
beverages from wholesalers authorized to sell to them; provided, however, that
the retailer and dealer permittees are not a party to any other group
purchasing agreement.
(c) If a
service interruption or other emergency is caused by events beyond the control
of a retailer or dealer permittee, and if such interruption of service or other
emergency left unremedied would cause a shortage in the permittee's inventory
of alcoholic beverages likely to result in a substantial loss of business to
the permittee, such permittee may purchase and transport alcoholic beverages
from any wholesaler's licensed premises from whom such permittee is legally
authorized to purchase alcoholic beverages to such permittee's licensed
premises if all the following conditions are met:
(1) The wholesaler's invoice records show:
(A) the retailer's or dealer's permit number
and expiration date; and
(B) that
that [sic] the sale was made during the term of the
permit.
(2) The
wholesaler's invoice records show the purchase price paid was identical to the
price that would have been charged for the same quantity of the same alcoholic
beverages if the wholesaler had delivered such beverages.
(3) The alcoholic beverages, accompanied by a
copy of the wholesaler's invoice and a copy of the retailer's or dealer's
permit, are transported directly from the wholesaler's licensed premises to the
retailer's or dealer's licensed premises.
(d) The quantity of alcoholic beverages that
may be purchased and transported by any retailer or dealer on any one (1) day
under this rule may not exceed:
(1)
seventy-five (75) cases of alcoholic malt beverages;
(2) five (5) cases of alcoholic spirituous
beverages containing more than fifteen percent (15%) absolute alcohol reckoned
by volume; and
(3) ten (10) cases
of alcoholic vinous or spirituous beverages containing fifteen percent (15%) or
less of absolute alcohol reckoned by volume.
