905 Ind. Admin. Code 1-32.1-3

Current through October 31, 2024

Section 905 IAC 1-32.1-3 - Procedures

Authority: IC 7.1-2-3-7

Affected: IC 7.1-2-3-32

Sec. 3.

(a) A group purchasing agreement shall:

(1) be in writing;

(2) be on a form approved by the commission;

(3) be signed and dated by each retailer or dealer permittee that is a party to the agreement;

(4) designate one (1) of the parties to the agreement as designated agent with authority to contract for the purchase and delivery of alcoholic beverages on behalf of all parties to the agreement;

(5) set forth the current permit number and the expiration date of each party to the agreement; and

(6) provide for the joint and several liability of each party to the agreement in the event the total amount due on a master invoice (less credits, returns, and allowances) described in section 4(a) and 4(b) of this rule is not paid in full.

(b) A copy of an executed agreement, including any amendments, deletions, or additions, shall be kept on the permit premises of each party to the agreement, and on the permit premises of each wholesaler making sales to the parties under the agreement.

(c) No sale pursuant to such agreement shall be made by a wholesaler until such time as the wholesaler has received an executed copy of such agreement.

(d) No designated agent named in the agreement shall be compensated, directly or indirectly, by any other retailer or dealer, whether or not a party to the agreement, nor by any wholesaler, brewer, or primary source of supply. The designated agent may be reimbursed for all out-of-pocket costs directly attributable to the function and performance of a designated agent's duties incurred on behalf of the group.

(e) Any party to this agreement may terminate its interest for any reason by written notice given to all parties to the agreement, and to all wholesalers making sales under the agreement.

(f) The interest of any party in a group purchasing agreement shall automatically terminate:

(1) should the party's permit be suspended, revoked, sold, transferred, or not renewed; or

(2) by the death of the party.

(g) A purchasing group may increase the number of retailer and dealer permittees that may be a party to the original purchasing agreement, provided all items under this section are complied with, and so long as there is unanimous consent by the current members of the purchasing group.

905 IAC 1-32.1-3

Alcohol and Tobacco Commission; 905 IAC 1-32.1-3; filed Sep 27, 1996, 12:15 p.m.: 20 IR 326; 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