905 IAC 1-32.1-2 Limitations

Sec. 2. (a) For purposes of this rule, commonly owned retailer and dealer permits, who are not otherwise a party to a group purchasing agreement shall, by virtue of the commonality of ownership, be construed to have entered into a group purchasing agreement with the following requirements: (1) The commonly owned permit holder shall maintain a written list of all permit numbers and the expiration dates thereof on each permit premises owned or leased by the common permit holder. (2) The commonly owned permit holder shall furnish a copy of the list required in subdivision (1) to each wholesale permittee making sales to any retailer and dealer permittee on such list. (3) The commonly owned permit holder shall furnish to the wholesaler the name and permit premises address of the designated agent with the authority to contract for the purchase and delivery of alcoholic beverages on behalf of the commonly owned permits. (4) The commonly owned group purchasing agreement shall submit to the commission the group purchasing agreement on a form approved by the commission and a group purchasing agreement premises floor plan for approval under section 4(c) of this rule if the commonly owned group purchasing agreement intends to utilize an extended floor plan. (b) Two (2) or more independently owned or commonly owned retailer or dealer permittees may enter into a group purchasing agreement for the purpose of purchasing alcoholic beverages from wholesalers authorized to sell to them; provided, however, that the retailer and dealer permittees are not a party to any other group purchasing agreement. (c) If a service interruption or other emergency is caused by events beyond the control of a retailer or dealer permittee, and if such interruption of service or other emergency left unremedied would cause a shortage in the permittee's inventory of alcoholic beverages likely to result in a substantial loss of business to the permittee, such permittee may purchase and transport alcoholic beverages from any wholesaler's licensed premises from whom such permittee is legally authorized to purchase alcoholic beverages to such permittee's licensed premises if all the following conditions are met: (1) The wholesaler's invoice records show: (A) the retailer's or dealer's permit number and expiration date; and (B) that that [sic] the sale was made during the term of the permit. (2) The wholesaler's invoice records show the purchase price paid was identical to the price that would have been charged for the same quantity of the same alcoholic beverages if the wholesaler had delivered such beverages. (3) The alcoholic beverages, accompanied by a copy of the wholesaler's invoice and a copy of the retailer's or dealer's permit, are transported directly from the wholesaler's licensed premises to the retailer's or dealer's licensed premises. (d) The quantity of alcoholic beverages that may be purchased and transported by any retailer or dealer on any one (1) day under this rule may not exceed: (1) seventy-five (75) cases of alcoholic malt beverages; (2) five (5) cases of alcoholic spirituous beverages containing more than fifteen percent (15%) absolute alcohol reckoned by volume; and (3) ten (10) cases of alcoholic vinous or spirituous beverages containing fifteen percent (15%) or less of absolute alcohol reckoned by volume.