Cameron Miranda
Indiana's liquor laws have evolved over the years, with the state going dry in 1918, two years before the national prohibition of alcohol. In 1933, Prohibition was repealed, and Indiana passed a liquor control act in 1935, allowing retail whiskey to be sold only in drugstores, with beer and wine sold in drugstores and restaurants. Sunday sales were prohibited until 2018, when Senate Bill 1 was signed, allowing Sunday carryout sales from noon to 8 pm. Indiana's alcohol laws are enforced by the Indiana Alcohol and Tobacco Commission and include restrictions on cold beer sales, open container laws, and public intoxication regulations.
| Characteristics | Values |
|---|---|
| Year Indiana went dry | 1918 |
| Year national prohibition of alcohol took effect | 1920 |
| Year prohibition was repealed | 1933 |
| Year Indiana passed a liquor control act | 1935 |
| Year package liquor stores were allowed to sell warm beer | 1953 |
| Year package liquor stores were allowed to sell cold beer | 1963 |
| Year Sunday sales at wineries were allowed | 1971 |
| Year Indiana banned alcohol sales on Christmas Day | 2010 |
| Year Indiana banned alcohol sales on Election Day | 2012 |
| Year Indiana repealed the ban on Sunday sales | 2018 |
| Drinking age | 21 |
| Photo ID requirement for off-premises transactions | Anyone younger than 40 years old |
| Sale of cold beer | Allowed only in liquor stores |
| Sale of alcoholic beverages while polls are open | Banned |
| Public intoxication | Class B misdemeanor |
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What You'll Learn
Prohibition and its repeal in 1933
The Eighteenth Amendment, which enforced Prohibition in the United States, was repealed on December 5, 1933, with the ratification of the Twenty-first Amendment to the U.S. Constitution. The road to the repeal of Prohibition was accelerated by economic urgency, particularly the negative impact Prohibition was having on the agriculture business, and the loss of tax revenues from alcohol sales, which were sorely needed after the Great Depression hit in 1929.
Prohibition was a major blow to the alcoholic beverage industry, and its repeal was a step toward the improvement of this sector of the economy. For example, St. Louis, one of the most important alcohol producers before Prohibition, was ready to resume its position in the industry as soon as possible. Its major brewery had "50,000 barrels" of beer ready for distribution from March 22, 1933, and was the first alcohol producer to resupply the market. After beer production resumed, thousands of workers found jobs in the industry again.
Public sentiment was also a factor in the repeal of Prohibition. By 1929, many Americans were discouraged with the law, as they saw people openly drinking illegal alcoholic beverages that were widely available. They also read news stories of crimes committed by members of organised crime groups, who were profiting from bootlegging liquor, wine, and beer. As Prohibition became increasingly unpopular, especially in urban areas, its repeal was eagerly anticipated.
On March 22, 1933, President Franklin Roosevelt signed an amendment to the Volstead Act, known as the Cullen–Harrison Act, which allowed the manufacture and sale of 3.2% beer (3.2% alcohol by weight, approximately 4% alcohol by volume) and light wines. Celebrations for the repeal of Prohibition in bars and former speakeasies began when Roosevelt signed the Act. Full repeal of Prohibition, including higher-alcohol spirits, came several months later on December 5, 1933, when three states—Pennsylvania, Ohio, and Utah—voted to repeal Prohibition, putting the ratification of the Twenty-first Amendment into place.
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Liquor Control Act of 1935
Indiana's history of alcohol laws dates back to the early 20th century, with significant developments related to Prohibition and the subsequent regulation of alcohol sales. In 1918, Indiana became a dry state, and in 1920, the 18th Amendment established national Prohibition. However, in 1933, Prohibition was officially repealed with the passage of the 21st Amendment, leading to the establishment of the Federal Alcohol Control Administration (FACA) to manage the emerging legitimate alcohol industry.
In 1935, Indiana took further steps to regulate alcohol sales by passing the Liquor Control Act, which governed the sale of alcoholic beverages in the state. This act imposed several restrictions, including:
- Retail whiskey could only be sold in drugstores and was not permitted to be consumed on the premises.
- Beer and wine could be sold in drugstores and restaurants.
- Sales on Sundays, certain holidays, and Election Day were prohibited.
- The minimum drinking age was set at 21.
- Beer dealer's permits were introduced, allowing holders to sell beer for off-premises consumption. These permits were issued to grocery stores, drug stores, and certain other retailers.
- Liquor dealer's permits were also introduced, allowing holders to sell liquor and wine (but not beer) for off-premises consumption.
Over time, the Liquor Control Act underwent amendments. In 1941, an amendment prohibited holders of beer dealer permits from selling iced or cooled beer, while bars and taverns with beer retailer permits could still serve cold beer. It wasn't until 1963 that liquor stores were permitted to sell cold beer. In 1953, the act was amended to allow liquor stores to sell beer if they obtained a beer dealer's permit.
The restrictions on alcohol sales in Indiana gradually eased from the 1970s onwards. In 1971, wineries were permitted to sell products on Sundays, and the following year, the law was amended to allow Sunday sales at restaurants, bars, and similar establishments. It was not until 2018 that Indiana fully lifted its ban on Sunday alcohol sales outside of bars and restaurants, joining other states in updating its alcohol regulations to meet modern consumer demands.
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Sunday alcohol sales ban
Indiana's laws on liquor have evolved over the last century. In 1918, Indiana stopped the sale of alcohol in the state, two years before the Eighteenth Amendment (national prohibition of alcohol) came into effect in 1920. Prohibition was repealed in 1933 with the passage of the Twenty-first Amendment.
In 1935, Indiana passed a liquor control act that allowed retail whiskey to be sold only in drugstores, but not for consumption on the premises. Beer and wine could be sold in drugstores and restaurants, but sales on Sundays, holidays, and Election Day were prohibited. The drinking age was set at 21.
Over the years, the laws were amended to allow package liquor stores to sell warm beer in 1953, and cold beer in 1963. In 1971, Sunday sales at wineries were also allowed.
Until 2018, Indiana was one of nearly a dozen US states to ban all Sunday alcohol sales outside of bars and restaurants. The ban was in place due to opposition from the liquor store lobby, which feared losing market share and did not want to staff their stores for an additional day each week. However, growing public support for Sunday sales eventually led to the repeal of the ban.
On February 28, 2018, Governor Eric Holcomb signed Senate Bill 1, allowing Sunday carryout sales between noon and 8 p.m. by grocers, convenience stores, and liquor stores. This change took effect on March 4, 2018, marking the first official day for Sunday carryout sales at these retailers.
Today, Indiana law continues to regulate the sale and consumption of alcoholic beverages. For example, establishments that sell beverages by the "drink" must provide food services for a minimum of 25 people at all times. Additionally, it is unlawful for businesses to offer discounts on alcohol during specific times or to certain customers unless it is available to everyone. Indiana also has strict identification requirements for off-premises alcohol sales to individuals under 40 years old.
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Alcohol sales on Christmas Day
Indiana's alcohol laws have changed slowly since the Prohibition era. The state went dry in 1918, two years before the 18th Amendment (national prohibition of alcohol) came into effect in 1920. After Prohibition was repealed in 1933, Indiana passed a liquor control act in 1935 that allowed retail whiskey to be sold only in drugstores, not for in-store consumption. Beer and wine could be sold in drugstores and restaurants, but sales on Sundays, holidays, and Election Day were prohibited.
In 1953, package liquor stores were allowed to sell warm beer, and in 1963, they could sell cold beer. In 1971, Sunday sales at wineries were permitted.
In 2012, Indiana lifted the ban on liquor sales on Election Day. Then, in 2015, Indiana legalised alcohol sales on Christmas Day. The first Christmas with legal sales was in 2015. On Christmas Day, alcohol sales are allowed from 7 a.m. to 3 a.m. If Christmas falls on a Sunday, sales are permitted from noon to 8 p.m. However, many bars, restaurants, and liquor retailers remain closed on Christmas Day.
Finally, in 2018, Indiana lifted its ban on Sunday alcohol sales outside of bars and restaurants. Senate Bill 1, signed by Governor Eric Holcomb on February 28, 2018, allowed convenience stores, grocers, and liquor stores to sell alcohol from 12:00 p.m. to 8:00 p.m. on Sundays, and from 7:00 a.m. to 3:00 a.m. on weekdays.
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Public intoxication laws
Indiana's alcohol laws have evolved over the last century. In 1918, Indiana became a dry state, two years before the national prohibition of alcohol was implemented in 1920. Prohibition was officially repealed in 1933 with the passage of the 21st Amendment, and Indiana passed a liquor control act in 1935. This act stated that retail whiskey could only be sold in drugstores but not for consumption on the premises, while beer and wine could be sold in drugstores and restaurants. Sales on Sundays, holidays, and Election Day were prohibited, and the minimum drinking age was set at 21.
Over time, Indiana's alcohol laws have been amended to allow for more flexible sales and consumption practices. In 1953, package liquor stores were permitted to sell warm beer, and in 1963, they were allowed to sell cold beer. Sunday sales restrictions were gradually relaxed, with wineries permitted to sell alcohol on Sundays starting in 1971. The ban on alcohol sales while polls were open was ended, and in 2012, this change was put into practice. The ban on Christmas Day alcohol sales was also lifted, and in 2015, HB 1542 allowed sales from 3 am on Christmas Day to 7 am on December 26th.
In 2018, Indiana made significant changes to its alcohol laws. On February 28, 2018, Governor Eric Holcomb signed Senate Bill 1, which allowed Sunday carryout sales of alcohol by grocers, convenience stores, and liquor stores from noon to 8 pm. This marked the end of Indiana's ban on Sunday alcohol sales outside of bars and restaurants, which had been in place until that year. The new law also addressed cold beer sales, with liquor stores agreeing to drop their opposition to Sunday sales in exchange for grocery retailers protecting their monopoly on cold beer sales.
While Indiana has relaxed many of its alcohol sales restrictions, it maintains laws regarding public intoxication. Public intoxication is classified as a Class B misdemeanour in Indiana. To be considered a violation, an individual must be endangering their own life or the lives of others, breaching or imminently threatening to breach the peace, or harassing, annoying, or alarming another person. Merely being intoxicated in public does not constitute a violation. Indiana also has a photo identification requirement for all off-premises alcohol transactions for individuals under 40 years old.
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Frequently asked questions
Indiana banned alcohol sales on Sundays, holidays, and Election Day in 1935. The ban was lifted in 2018.
In 1935, Indiana passed a liquor control act that allowed retail whiskey to be sold only in drugstores but not for consumption on the premises. Beer and wine could be sold in drugstores and restaurants.
Indiana banned alcohol in 1918, two years before the 18th Amendment (national prohibition of alcohol) took effect in 1920.
