905 IAC 1-32.1-4 Delivery, acceptance, and vesting of title of the alcoholic beverages purchased under group purchasing agreement

Sec. 4. (a) The following are requirements concerning sales to independently owned retailer and dealer permittees: (1) A wholesaler making sales to independently owned retailer and dealer permittees, pursuant to a group purchasing agreement under this rule, shall issue a master invoice to the agent designated in the agreement: (A) describing the alcoholic beverages sold, providing all other information required by 905 IAC 1-31-3; and (B) indicating the permit numbers and expiration dates of all retailer and dealer permittees who are parties to the agreement and who are to share the alcoholic beverages that are the subject of the sale. (2) The wholesaler shall also issue subinvoices containing all the information required by 905 IAC 1-31-3 reflecting each party's fractional share of the total order. A copy of all subinvoices of the master invoice shall be furnished to the designated agent, and at least one (1) copy of each party's individual subinvoice shall be furnished to that party. (3) All of the alcoholic beverages that are described on the master invoice shall be delivered by the wholesaler to the designated agent's licensed premises, unless the designated agent has on file with the commission an approved group purchase agreement premises. The licensed premises must be the licensed premises of a party to the agreement. Title vests in the alcoholic beverages so delivered at the time of delivery, according to the fractional share reflected on each subinvoice. (b) The following are requirements concerning sales to commonly owned retailer and dealer permittees: (1) A wholesaler making sales to commonly owned retailer and dealer permittees shall issue a master invoice: (A) describing the alcoholic beverage sold, providing all other information required by 905 IAC 1-31-3; and (B) indicating the permit number and expiration date thereof the permit premises to which the alcoholic beverages are to be delivered. (2) All of the alcoholic beverages that are described on the master invoice shall be delivered by the wholesaler to the premises of the designated agent. Title vests in the alcoholic beverages so delivered at the time of delivery. (c) A designated agent with an approved group purchasing agreement on file with the commission may accept and distribute group purchased product from an approved extended floor plan area that complies with the following requirements: (1) The designated agent shall submit the group purchase agreement premises floor plan to the Indiana state excise police district in which the designated agent's business is located. (2) The extended floor plan shall include the following: (A) The exact location or locations where the group purchased product will be delivered, accepted, and distributed to the group purchasing participants. (B) The exact day or days the group purchased products will be accepted and distributed. (C) The exact hours in which the group purchased products will be accepted and distributed. (D) The names and permit numbers of the wholesaler or wholesalers delivering the group purchased product. (3) The group purchase agreement premises must be approved by the Indiana state excise police officer after conducting the site inspection. (4) The original group purchase agreement premises floor plan and one (1) copy will be retained by the inspecting Indiana state excise police officer. One (1) copy of the group purchasing agreement premises floor plan shall be retained by the designated agent and made available to Indiana state excise police officers upon request. (5) The extended floor plan for the purposes of accepting, delivering, and distributing group purchased product shall apply only on those days and times approved by the commission. (d) The designated agent after having filed with the commission an approved group purchasing agreement extended floor plan may, as it relates to the delivery, acceptance and distribution of group purchased alcohol product, and subject to the rules and limitations set out in this subsection, do the following: (1) Accept delivery of and make truck to truck distributions of group purchased alcohol product from the extended floor plan area or areas. (2) The wholesaler truck or trucks may deliver and distribute group purchased product in the extended floor plan only on the days and times set out in the extended floor plan. (3) Individual group purchasing agreement participants may take delivery of their fractional division of the group purchase directly from the wholesaler's truck only during the days and times set out in the group purchase agreement premises floor plan. (4) Any cooperative purchased product that is not distributed during the specified time for distribution must either be returned to the wholesaler's storage facility that same day or stored inside the designated agent's licensed premises. (5) The designated agent's extended floor plan for group purchasing agreement products can begin as early as 6:00 a.m. but may not extend past 6:00 p.m. of the same business day. (6) Areas designated on the extended floor plan can only be used for the acceptance of and distribution of group purchased alcohol product on the dates and times filed with the commission. (7) The specifications and restrictions in subdivisions (1) through (6) on the extended floor plan area or areas to be used for the acceptance and distribution of group purchased alcohol products apply only during the specified dates and times set out in the group purchase agreement premises floor plan. (8) Any changes to the group purchase agreement premises, including location, dates, or times, must be approved by the commission. (e) In the event the total purchase price shown on the master invoice is not paid to the wholesaler within the time limits prescribed by IC 7.1-5-10-12 and 905 IAC 1-21-1, then all wholesalers shall be required to restrict or terminate their sales to all retailer and dealer permittees who received any fractional share of the alcoholic beverages described on such master invoice in accordance with the provisions of IC 7.1-5-10-2 and 905 IAC 1-21-1. (f) Nothing in this rule shall be construed to prohibit the payment of the master invoice by the agent and the subsequent repayment of fractional portions by parties to the agent. Such repayment shall not be considered retail to retail sales.