Section 905IAC1-32.1-4. Vesting of title to the alcoholic beverages purchased under group purchasing agreement

   (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 one (1) licensed premises, which 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) 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 7.1-5-10-12 and 905 IAC 1-21-1.

  (d) 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. (Alcohol and Tobacco Commission; 905 IAC 1-32.1-4; filed Sep 27, 1996, 12:15 p.m.: 20 IR 326; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA; readopted filed Oct 29, 2013, 3:39 p.m.: 20131127-IR-905130360RFA)