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7.1-5-10-12. Credit sales prohibited; exceptions

IN Code § 7.1-5-10-12 (2019) (N/A)
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Sec. 12. (a) Except as provided in subsections (b) through (d) and subsection (f), it is unlawful for a permittee to sell, offer to sell, purchase or receive, an alcoholic beverage for anything other than cash. A permittee who extends credit in violation of this section shall have no right of action on the claim.

(b) A permittee may credit to a purchaser the actual price charged for a package or an original container returned by the original purchaser as a credit on a sale and refund to a purchaser the amount paid by the purchaser for a container, or as a deposit on a container, if it is returned to the permittee.

(c) A manufacturer may extend usual and customary credit for alcoholic beverages sold to a customer who maintains a place of business outside this state when the alcoholic beverages are actually shipped to a point outside this state.

(d) An artisan distiller, a distiller, or a liquor or wine wholesaler may extend credit on liquor, flavored malt beverages, and wine sold to a permittee for a period of fifteen (15) days from the date of invoice, date of invoice included. However, if the fifteen (15) day period passes without payment in full, the wholesaler shall sell to that permittee on a cash on delivery basis only.

(e) A person who knowingly or intentionally violates this section commits a Class B misdemeanor.

(f) Nothing in this section may be construed to prohibit a hotel, restaurant, caterer, or a club that is not open to the general public from extending credit to a consumer purchasing alcohol for personal use at any time.

(g) Nothing in this section may be construed to prohibit a retailer or dealer from accepting a:

(1) credit card;

(2) debit card;

(3) charge card; or

(4) stored value card;

from a consumer purchasing alcohol for personal use.

[Pre-1973 Recodification Citation: 7-1-2-1.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.23; P.L.109-2013, SEC.14; P.L.159-2014, SEC.77; P.L.234-2017, SEC.5; P.L.285-2019, SEC.64.

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