Mason Delacroix
Indiana has had a complicated relationship with alcohol. While it is illegal to distill alcohol without a license, Indiana offers a standard distiller's permit for $2000 and an artisan distiller's permit for $250. These permits have allowed distillers in Indiana to sell directly to consumers, creating a small industry of craft distillers. However, there are still several restrictions in place, and the process of obtaining the necessary licenses can be complex.
| Characteristics | Values |
|---|---|
| Federal law | Allows citizens to own a still for non-alcohol production |
| Allows citizens to own a still for fuel production with the correct licenses | |
| Prohibits individuals from producing distilled spirits at home | |
| Indiana law | Allows distillers to sell directly to consumers with the Indiana Artisan Distiller's Permit |
| Allows distillers to produce no more than 10,000 gallons of liquor in a calendar year with the Artisan Distiller's Permit | |
| Requires distillers to have a federal permit or one of three other permits for the prior three years | |
| Requires distillers to have a standard distiller's permit for $2000 or an artisan distiller's permit for $250 | |
| Allows distillers to sell liquor through a licensed wholesaler without it counting towards the gallonage limit | |
| Allows wineries, breweries, or distilleries to sell directly to consumers if they have been in operation for three years | |
| Allows wineries, breweries, or distilleries to sell directly to consumers if they filed applications within a six-month window between July 1, 2013, and December 31, 2013 | |
| Allows wineries, breweries, or distilleries to sell directly to consumers if they possessed a federal permit before the end of 2012 | |
| Allows distilleries to sell on-site after a three-year wait | |
| Indiana Code | IC 7.1-5-6-1: Class C misdemeanor for owning, possessing, or using a still for liquor manufacture |
| IC 7.1-5-1-1: Unlawful to manufacture, sell, bottle, import, etc. alcohol for commercial purposes without authorization | |
| IC 7.1-5-4-1: Class C misdemeanor for selling, bartering, giving away, or possessing alcoholic beverages without paying taxes | |
| IC 7.1-2-5-1: Authorizes judges to issue warrants to search for alcohol, stills, and related equipment |
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What You'll Learn
Indiana's alcohol laws
Indiana's relationship with alcohol has been described as "awkward". While prohibition ended in 1933, it wasn't until 2013 that Indiana distillers got the rights to legally launch their craft spirit businesses.
Federal law prohibits individuals from producing distilled spirits at home. However, it is legal to own a still and operate it for non-alcohol production, such as making perfume or fuel, with the correct licenses. Indiana offers a standard distiller's permit for $2000 and an artisan distiller's permit for $250. An artisan distiller may produce no more than 10,000 gallons of liquor in a calendar year. To sell directly to consumers, applicants must have been a winery, brewery, or distillery for three years prior and must have filed applications within a six-month window between July 1st and December 31st, 2013.
Indiana Code (IC) 7.1-5-6-1 states that it is a Class C misdemeanour to "own, have in his possession or under his control, or use a still or distilling apparatus for the manufacture of liquor". This means that, without the relevant permits, distilling alcohol is illegal in Indiana.
Indiana's so-called "blue laws" prohibit the sale of alcohol on Sundays.
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Distiller permits
Indiana has a unique set of laws governing the production and sale of alcohol. The state offers two types of distiller permits: a standard distiller's permit and an artisan distiller's permit.
The standard distiller's permit costs $2000 and allows for the production of alcohol without quantity restrictions. On the other hand, the artisan distiller's permit, costing $250, permits the production of no more than 10,000 gallons of liquor in a calendar year. This permit allows the holder to sell liquor directly to consumers, including by the sample, bottle, or cocktail. However, to obtain this permit, applicants must have held one of the three required permits for the previous three years. These permits include the distiller's permit itself, indicating that prospective artisans must already be established in the industry.
Indiana law prohibits the manufacture, bottling, sale, barter, import, transport, delivery, or possession of alcohol for commercial purposes without the appropriate permits. Operating without a permit is a Class C misdemeanour, and stills and related equipment may be subject to seizure.
Fuel alcohol production is legal with the proper permits, such as a Fuel Tax License, and possibly additional permits relating to environmental impacts.
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Indiana's relationship with alcohol
Federal laws prohibit individuals from producing distilled spirits at home. However, citizens are allowed to own a still and operate it for non-alcohol production, such as perfume or fuel, with the appropriate licenses. Indiana's laws reflect these federal restrictions, classifying the ownership or use of a still for liquor manufacture as a misdemeanour. The state also has stringent requirements for commercial distillers, including various permits and licenses.
Despite these challenges, Indiana's distilling industry has experienced a boom in recent years. The creation of the Indiana Artisan Distiller's Permit in 2013 allowed small-scale distillers to sell directly to consumers, fostering the growth of craft spirit businesses. This has led to the establishment of several distilleries and tasting rooms, with ambitions to attract tourists and promote local spirits.
The state's history with alcohol has been influenced by factors such as taxation, safety concerns, and the potential risks associated with the distilling process. Indiana's blue laws also impact sales by prohibiting alcohol sales on Sundays, which can be challenging for businesses aiming to maximise profits and promote their brands.
While Indiana's relationship with alcohol has had its complexities, the state's distilling industry is evolving. With a combination of large-scale production facilities and emerging craft distillers, Indiana plays a significant role in shaping the alcoholic beverage landscape, both locally and nationally.
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Indiana distillers' permits and licences
Indiana state laws prohibit the manufacture of alcoholic beverages without a permit. It is considered a Class C misdemeanour to own, possess, or use a still or distilling apparatus for liquor manufacturing without the appropriate authorisation.
To legally operate a distillery in Indiana, you must first obtain federal permits from the Alcohol and Tobacco Tax and Trade Bureau (TTB). This includes a basic permit, and possibly filing a bond, depending on your expected tax liability. You will also need to apply for an EIN from the Internal Revenue Service (IRS) if you don't already have one.
Once you have obtained the necessary federal permits, you can proceed with the state-level applications. In Indiana, you must apply for a Distiller's Permit (Type 1 permit) through the ATC, the regulatory body overseeing alcohol production and distribution in the state. This process includes background checks, zoning approvals, and facility inspections. Additionally, you must comply with any applicable local permits and regulations, including tax, environmental, and record-keeping requirements.
Indiana offers two types of distiller permits: a standard distiller's permit ($2000) and an artisan distiller's permit ($250). An artisan distiller may produce no more than 10,000 gallons of liquor in a calendar year, and at least 60% of artisan spirits must be fermented and distilled from raw materials grown on-site.
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Indiana distillers selling directly to consumers
Indiana has a rich whiskey history, with the city of Lawrenceburg, once known as Whiskey City, USA, at its heart. In 2013, Indiana lawmakers passed the Indiana Artisan Distiller's Permit, which allowed distillers to sell directly to consumers on-site. This legislation kickstarted a new era for Indiana's craft distilling industry, with dozens of new distilleries and tasting rooms popping up across the state.
Prior to 2013, distillers in Indiana were required to sell their products through distributors or retail stores. The new law enabled them to bypass these intermediaries and sell directly to customers, boosting their profit margins and allowing them to build direct relationships with their clientele. This direct-to-consumer model has been a game-changer for the state's craft spirit businesses, attracting tourists and connoisseurs alike.
To date, Indiana's Alcohol and Tobacco Commission has approved more than 70 active permits, allowing approximately three dozen distilleries to produce and sell vodka, bourbon, whiskey, and other spirits directly to the public. Notable early adopters of the Indiana Artisan Distiller's Permit include Bloomington's Cardinal Spirits, Bear Wallow in Nashville, Indiana Whiskey Company in South Bend, Huber's Starlight Distillery in Borden, and Indianapolis' Hotel Tango Artisan Distillery.
While the 2013 law has undoubtedly benefited Indiana's distillers, some in the industry are advocating for further legislative changes. These include requests for more festival permits to allow public tastings and sales outside taprooms, as well as the ability to ship spirits directly to consumers within and outside the state. Additionally, there is a desire to see spirits treated similarly to wine or beer in terms of purchasing and shipping regulations.
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Frequently asked questions
No, it is illegal to distill alcohol in Indiana without a commercial distiller's permit or a fuel alcohol permit.
There are two types of permits in Indiana: a standard distiller's permit ($2000) and an artisan distiller's permit ($250). An artisan distiller may produce up to 10,000 gallons of liquor in a calendar year.
Indiana Code (IC) 7.1-5-6-1 states that it is a Class C misdemeanour to own or use a still or distilling apparatus for the manufacture of liquor without a permit. This means that the still could be seized, and the user would have to prove that no alcohol production was taking place.
Yes, it is legal to own a still in Indiana, as long as it is not being used for the manufacture of alcohol. Federal law allows citizens to own a still for the production of non-consumable alcoholic products, such as perfume and fuel, with the correct license.
