Section 905 IAC 1-8-1 - Permit required; qualifications; application for permit; fee; violationsAuthority: IC 7.1-2-3-7; IC 7.1-3-18-7
Affected: IC 7.1-3-12-5; IC 7.1-3-18-8
Sec. 1.
(a) No person shall act as the agent or salesman for the sale of or taking or soliciting of orders for, the sale of alcoholic beverages, irrespective of whether such sale is to be made by a seller within Indiana, or by a seller without Indiana, for delivery to a buyer within Indiana unless such person has a salesman's permit.(b) No salesman's or agent's permit shall be issued to any person unless he is of good moral character. To receive a salesman's permit, an applicant: (1) shall be a bona fide employee of an alcohol and tobacco commission (commission) wholesale, primary source, distiller, rectifier, vintner, or brewery permit holder; or(2) if his employer is an Internet company and the Internet company provides the commission with the names of each permittee for whom the Internet company is a salesman in conformity with the rules adopted by the commission. Any person may make application to the commission for a salesman's permit, which application shall be in such form and shall include such terms as the commission may, from time to time, prescribe, and shall include a provision that the holder will comply with the rules and orders of the commission. The application and the permit issued pursuant thereto shall set forth the names and addresses of the person whom said salesman represents and also the name and address of the applicant. If such salesman is acting for himself as principal, the application and the permit shall so state. Additional permits may be granted the same salesman for additional principals, and a salesman may hold more than one (1) salesman's permit at any one (1) time. However, no salesman or agent of a producer permittee shall solicit or negotiate sales in any manner whatsoever at the retail level, except sales as permitted by IC 7.1-3-12-5 and 905 IAC 1-24-1.
(c) If the application is approved by the commission, it shall issue a permit for one (1) year upon payment of an annual permit fee of five dollars ($5) for each permit.(d) Any permit authorized by this section shall be revocable by the commission on account of any violation of any law concerning alcoholic beverages or any rule of the commission made pursuant to law.(e) "Salesman" means either of the following:(1) Any person who procures or seeks to procure an order, bargain, contract, or agreement for the sale, for the delivery, or for the transportation of alcoholic beverages, or who is engaged in promoting the sale of alcoholic beverages, or in promoting the business of any person engaged in the manufacturing, selling, delivery or transportation of alcoholic beverages for sale or delivery, whether the seller resides within Indiana and sells to buyers either within or without Indiana.(2) If the permittee's employer is an Internet company and the Internet company provides the commission with the names of each permittee for whom the Internet company is a salesman in conformity with the rules adopted by the commission.Alcohol and Tobacco Commission; Reg 18,Sec 1; filed Mar 5, 1946, 10:30 a.m.: Rules and Regs. 1947, p. 636; filed Nov 10, 1978, 4:15 p.m.: 1 IR 1067; readopted filed Dec 2, 2001, 12:23 p.m.: 25 IR 1349; readopted filed Nov 13, 2008, 1:29 p.m.: 20081203-IR-905080739RFA; readopted filed 8/19/2014, 11:46 a.m.: 20140917-IR-905140200RFAReadopted filed 10/7/2020, 3:51 p.m.: 20201104-IR-905200447RFA