905 Ind. Admin. Code 1-32.1-1

Current through October 31, 2024

Section 905 IAC 1-32.1-1 - Definitions

Authority: IC 7.1-2-3-7

Affected: IC 7.1-1-3-20; IC 7.1-2-3-32

Sec. 1.

(a) The definitions in this section apply throughout this rule.

(b) "Commonly owned" means retailer and dealer permits owned by the same:

(1) individual or individuals;

(2) partnership;

(3) corporation;

(4) limited liability company; or

(5) limited partnership.

(c) "Designated agent" means the permit holder that has been named in the group purchasing agreement as the designated agent that will, on behalf of the group purchasing participants, order, accept delivery, and make distributions of group purchased alcohol product.

(d) "Extended floor plan" means the floor plan area outside but immediately adjacent to the designated agent's licensed premises, including a parking lot, submitted and approved pursuant to section 4(c) of this rule.

(e) "Group purchase agreement premises" means the licensed premises and the extended floor plan.

(f) "Group purchasing agreement" means a written agreement between two (2) or more retailer and dealer permit holders authorizing the purchase of alcoholic beverages from wholesalers authorized to sell to them.

(g) "Independently owned" means retailer and dealer permits that are not commonly owned as defined in subsection (b).

(h) "Licensed premises" has the meaning set forth in IC 7.1-1-3-20.

(i) "Other emergency" means:

(1) a state of pressing necessity and urgent need; and

(2) an unexpected and difficult situation that requires prompt action.

(j) "Service interruption" means the discontinuance of delivery service by a wholesaler or wholesalers that prevents a retailer or dealer permittee from maintaining a normal inventory of alcoholic beverages, taking into account:

(1) the normal business of the retailer or dealer;

(2) the normal established delivery schedules of wholesalers servicing the retailer's or dealer's account; and

(3) the normal wholesale sources of supply of such retailer or dealer.

905 IAC 1-32.1-1

Alcohol and Tobacco Commission; 905 IAC 1-32.1-1; filed Sep 27, 1996, 12:15 p.m.: 20 IR 325; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA

Readopted filed 10/29/2019, 11:50 a.m.: 20191127-IR-905190418RFA

Filed 5/15/2020, 8:36 a.m.: 20200610-IR-905190496FRA