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Indiana Alcohol & Tobacco Commission

ATC > Rules & Laws > 2008 Significant Legislation 2008 Significant Legislation

A definition of a “grocery store” is established.

A “grocery store” means:

  1. A supermarket, grocery store, or delicatessen primarily engaged in the retail sale of a general food line, which may include canned and frozen foods; fresh fruits and vegetables; and fresh and prepared meats, fish, and poultry.
  2. A convenience store or food mart (“C-Store”) primarily engaged in the retail sale of goods, which may include milk, bread, soda, snacks and the sale of automotive fuels.
    The C-Store qualifies as a “grocery store” only if the sale of alcoholic beverages represents a percentage of annual gross sales of twenty-five percent (25%) or less of all items sold on the premises, excluding gasoline and automotive oil products.
  3. A warehouse club, superstore, supercenter, or general merchandise store primarily engaged in the retail sale of a general line of groceries or gourmet foods in combination with general merchandise, which may include apparel, furniture, and appliances.
  4. A specialty or gourmet food store primarily engaged in the retail sale of miscellaneous specialty foods not for immediate consumption and not made on the premises, which food items may not include meat, fish, seafood, fruits, vegetables, confections, nuts, popcorn, and baked goods.

The term “grocery store” does not include an establishment generally known as a gas station that is primarily engaged in:

  • (a) the retail sale of automotive fuels, which may include diesel fuel, gasohol, or gasoline; or
  • (b) the retail sale of automotive fuels, which may include diesel fuel, gasohol, or gasoline and activities that may include providing repair service, selling a automotive oils, replacement parts, and accessories, or providing food services.

Quota Restrictions for Beer and Liquor Dealer Permits.

Incorporated City or Town
Population Permits allotted
Less than 15,001 One (1) beer dealer permit per 2,000 persons or two (2) beer dealer permits, whichever is greater.
One (1) liquor dealer permit per 2,000 persons or two (2) liquor dealer permits, whichever is greater.
More than 15,000 and less than 80,000 1 beer One (1) beer dealer permit per 3,500 persons or eight (8) beer dealer permits, whichever is greater.
One (1) liquor dealer permit per 3,500 persons or eight (8) liquor dealer permits, whichever is greater.
At least 80,000 1 beer One (1) beer dealer permit per 6,000 persons or twenty-three (23) beer dealer permits, whichever is greater.
One (1) liquor dealer permit per 6,000 persons or twenty-three (23) liquor dealer permits, whichever is greater
Unincorporated City or Town
One (1) beer dealer permit per 2,500 persons or two (2) beer dealer permits, whichever is greater. One (1) liquor dealer permit per 2,500 persons or two (2) liquor dealer permits, whichever is greater.

The permit holder may renew or transfer his beer dealer or liquor dealer permit if the permit was issued before July 1, 2008, and if the permit holder does not qualify for a permit under the new quota restrictions.

A city or town not qualifying for any new permits under the new quota restrictions may receive two (2) new beer dealer permits and two (2) new liquor dealer permits, or 5% of the total number of beer or liquor dealer permits established under the new quota restrictions, whichever is greater.

Mandatory Server Training Program

The ATC will establish a “server program” and a “trainer program” designed to educate alcohol servers and trainers on the selling, serving and consumption of alcoholic beverages.

Tobacco Certificate

  • A tobacco certificate may be revoked if the certificate holder commits an “habitual illegal sale of tobacco” to a minor or an “habitual illegal entrance” by a minor (six consecutive offenses). The ATC cannot reinstate or renew the certificate for 180 days if revoked. The ATC may renew or reinstate the certificate only upon a reasonable showing by the certificate holder that he will exercise due diligence in tobacco sales and exercise proper training of his employees. If the certificate is reinstated or renewed, the certificate holder must pay an application fee of One Thousand Dollars ($1,000).
  • The ATC may mitigate penalties imposed against the certificate holder if the certificate holder’s employee training includes these topics: (1) laws governing the sale of tobacco products; (2) methods of recognizing and handling customers who are under eighteen (18) years of age; and (3) procedures for proper examination of identification cards to verify whether customers are under eighteen (18) years of age.
  • All tobacco certificate holders must exercise due diligence in supervision of their employees. If an employee commits at least six (6) offenses related to underage tobacco sales within 180 days, the employer is deemed as not exercising “due diligence” in the management of his employees.
  • All tobacco certificate holders must post and maintain in a conspicuous place, at the point of sale, a notice that reads as follows, “Smoking by Pregnant Women May Result in Fetal Injury, Premature Birth, and Low Birth Weight.” The notice must be printed in letters and numbers at least one-half (1/2) inch high and must display a toll free phone number for assistance to callers in quitting smoking, as determined by the Department of Health.