CHAPTER 3. POWERS AND DUTIES
IC 7.1-2-3
Chapter 3. Powers and Duties
IC 7.1-2-3-1
Duties of chairman
Sec. 1. Duties of Chairman. The chairman shall be the presidingofficer at the meetings of the commission. The chairman, togetherwith the executive secretary, shall prepare, certify and authenticateall proceedings, minutes, records, rules and regulations of thecommission. The chairman also shall perform all other duties asimposed by this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-2
Power to organize
Sec. 2. Power to Organize. The commission shall have the powerto organize its work and carry on the functions of the commissionand to enforce and administer the provisions of this title and the rulesand regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-3
Forms
Sec. 3. Forms. The commission, in accordance with IC 5-15-5.1,shall have the power to prescribe the forms for all applications,permits, licenses, and other documents and records used in theadministration of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.40, SEC.18.
IC 7.1-2-3-4
General powers of commission
Sec. 4. General Powers of Commission. The commission shallhave the power:
(a) to hold hearings before the commission or its representative;
(b) to take testimony and receive evidence;
(c) to conduct inquiries with or without hearings;
(d) to receive reports of investigators or other governmentalofficers and employees;
(e) to administer oaths;
(f) to subpoena witnesses and to compel them to appear andtestify;
(g) to issue and enforce subpoenas duces tecum;
(h) to take or institute proceedings to enforce subpoenas, therules and regulations, orders, or requirements of the commissionor its representative;
(i) to fix the compensation paid to witnesses appearing beforethe commission;
(j) to establish and use a seal of the commission;
(k) to certify copies of records of the commission or any other
document or record on file with the commission;
(l) to fix the form, mode, manner, time, and number of times forthe posting or publication of any required notices if nototherwise provided in this title;
(m) to issue letters of extension as authorized by IC 7.1-3-1-3.1;and
(n) to hold permits on deposit as authorized by IC 7.1-3-1-3.5.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,P.L.69, SEC.2.
IC 7.1-2-3-4.5
Limitations upon commission powers
Sec. 4.5. The commission and the chairman may exercise onlythose express powers enumerated in this title; however, this sectiondoes not limit the powers granted to the commission by section 31 ofthis chapter.
As added by Acts 1982, P.L.69, SEC.3.
IC 7.1-2-3-5
Enforcement of subpoena
Sec. 5. Enforcement of Subpoena. The commission shall have theauthority to petition the circuit or superior court of the county inwhich the hearing or investigation is being held to compel obedienceto the lawful requirements of its subpoena under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-6
Rule making
Sec. 6. Rule Making. The rules and regulations of the commissionshall be made, promulgated, filed and published pursuant to theprovisions of IC 1971, 4-22-2, as amended.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-7
Rules and regulations
Sec. 7. Rules and Regulations. The commission shall have thepower to promulgate rules and regulations governing:
(a) The conduct of the meetings and business of the commission;
(b) The conduct of hearings before any of the commission'srepresentatives;
(c) The conduct of the business of a permittee authorized orgoverned by the provisions of this title;
(d) The enforcement of the provisions of this title and of the rulesand regulations of the commission;
(e) The standards of purity and methods of manufacturing used inthe production of alcohol and alcoholic beverages;
(f) The prevention of misbranding or adulteration of alcohol oralcoholic beverages; and,
(g) The prevention of fraud, evasion, trickery, or deceit in themanufacture, labeling, importation, advertisement, transportation, or
sale of alcohol or alcoholic beverages, or the evasion of other lawsof Indiana relating to alcohol or alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-8
Conformance to United States law
Sec. 8. Conformance to United States Law. The commission shallhave the power to conform, to adapt, or to coordinate, to the extentthe commission deems proper, the practices, methods, standards, andrules and regulations governing the traffic in alcohol and alcoholicbeverages, with the practices, methods, standards and rules andregulations established by an officer or agency of the United Statesgovernment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9
Permits
Sec. 9. Permits. The commission shall have the discretionaryauthority to issue, deny, suspend, revoke, or not renew all permitsauthorized by this title, unless the exercise of discretion or authorityis limited by applicable provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9.1
Registry of permits
Sec. 9.1. (a) The commission shall prepare and maintain, availablefor public inspection, a registry of all retailer and dealer permits(including supplemental permits) issued by it, categorized by type ofpermit and by the type of establishment to which it is issued. Theregistry of permits shall:
(1) be subdivided on a county by county basis, and furthersubdivided by city, town, and unincorporated area;
(2) contain the number of permits authorized by the quota, andthe number of permits currently issued;
(3) contain the name of the owner of the permit, the address ofthe licensed premises, the assumed business name under whichthe business is conducted, and, if a corporation, the names ofthe president and secretary; and
(4) be made current annually, to indicate by specific notationany new permits that were issued or any existing permits thatwere transferred in any manner within the prior year.
(b) The commission shall distribute one (1) complete copy of theregistry of permits for that particular county to each county clerk, atno cost to the county clerk, each time the registry is made current.The county clerk shall immediately notify the county treasurer thatthe registry has been received and make the registry available forcopying by the county treasurer. Each county clerk shall maintain acopy of the registry of permits available for public inspection in thecounty clerk's office during normal business hours.
(c) The commission shall provide for the sale of the registry of
permits to the public on a cost basis, both as a complete statewideregistry and as a countywide registry.
As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985,SEC.1; P.L.106-1995, SEC.3.
IC 7.1-2-3-10
Investigations; memorandum of understanding
Sec. 10. (a) The commission shall have the power to investigatethe violation of a provision of this title and of the rules andregulations of the commission and to report its findings to theprosecuting attorney or the grand jury of the county in which theviolation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understandingwith the Indiana gaming commission authorizing the commission'sunlawful gaming enforcement division to conduct revocation actionsresulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5,or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under thissection must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this sectionmust be entered into before January 1, 2008.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,SEC.60; P.L.94-2008, SEC.5.
IC 7.1-2-3-11
Emergencies
Sec. 11. Emergencies. The commission shall have the power toprohibit the sale, transportation or movement of alcoholic beverageswhen, in the judgment of the commission, it is necessary during atime of public emergency, civil disturbance, riot, or epidemic. Theprohibition may be imposed without prior notice or advertisementand may be continued in force as long as the need continues.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-12
Searches and seizures
Sec. 12. Searches and Seizures. (a) The commission shall have thepower to examine, inspect and search a licensed premises or avehicle where alcohol, alcoholic beverages, or malt articles are kept,manufactured or sold.
(b) The commission shall have the power to seize alcohol,alcoholic beverages, malt articles, or any other personal propertywhen the seizure is lawful under the provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-13
Prevention of subterfuge Sec. 13. Prevention of Subterfuge. The commission shall have thepower to prevent a part of the premises connected with, or in anyway used in connection with, a licensed premises from being used asa subterfuge or means of evading the provisions of this title or of therules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-14
Standards of sanitation
Sec. 14. The commission shall have the power to set standards ofcleanliness and sanitation for a licensed premises and for theapparatus, equipment, utensils, accessories, articles, and fixturesused or employed in the licensed premises. The commission shallhave the power to require the aid of the state department of health,any local board of health, and any health officer in this state to fixand enforce these standards.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.2-1992,SEC.74.
IC 7.1-2-3-15
Destruction of personal property
Sec. 15. Destruction of Personal Property. The commission shallhave the power to require the destruction or removal of bottles,whether empty or not, cases, containers, apparatus, or devices, usedor likely to be used, in evading, violating, or preventing theenforcement of the provisions of this title or of the rules andregulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-16
Regulation of advertising
Sec. 16. (a) The commission shall have the power to regulate andprohibit advertising, signs, displays, posters, and designs intended toadvertise an alcoholic beverage or the place where alcoholicbeverages are sold.
(b) The commission shall not exercise the prohibition powercontained in subsection (a), as to any advertisement appearing in anewspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest tothe community; and
(3) circulates generally to the public in any part of this state,regardless of where printed.
However, a newspaper shall not include publications devoted tospecial interests such as labor, religious, fraternal, society, or tradepublications or journals, or publications owned or issued by politicalorganizations or parties.
(c) The commission shall not exercise the prohibition powercontained in subsection (a) as to any advertisement broadcast overduly licensed radio and television stations. (d) All advertisements relating to alcoholic beverages, whetherpublished in a newspaper or broadcast over radio or television, shallconform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition powercontained in subsection (a) as to advertising in the official programof the Indianapolis 500 Race or the Madison Regatta, Inc.,Hydroplane Race.
(f) Notwithstanding any other law, the commission may notprohibit the use of an illuminated sign advertising alcoholicbeverages by brand name that is displayed within the interior or onthe exterior of the premises covered by the permit, regardless ofwhether the sign is illuminated constantly or intermittently.However, it is unlawful for a primary source of supply or awholesaler of alcoholic beverages to sell, give, supply, furnish, orgrant to, or maintain for a retail or dealer permittee an illuminatedadvertising sign in a manner that violates the trade practicerestrictions of the commission or this title. It is unlawful for a retailor dealer permittee to receive, accept, display, or permit to bedisplayed, an illuminated advertising sign sold, given, supplied,furnished, granted, or maintained in violation of this subsection.Unless otherwise stated, when a recipient receives an illuminatedsign, the illuminated sign becomes the property and responsibility ofthe recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;however, those advertisements must conform to the rules of thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1;Acts 1975, P.L.70, SEC.1.) As amended by P.L.98-1983, SEC.1;P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.
IC 7.1-2-3-16.5
"Facility" defined
Sec. 16.5. (a) As used in this section, "facility" includes thefollowing:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described inIC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7applies.
(4) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth inIC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition powercontained in section 16(a) of this chapter on advertising by a brewer,
distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facilitymay provide advertising to a permittee that is a brewer, distiller,rectifier, or vintner in exchange for compensation from thatpermittee.
As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2;P.L.71-1996, SEC.2; P.L.72-2004, SEC.3.
IC 7.1-2-3-17
Registration requirements
Sec. 17. Registration Requirements. The commission shall havethe power to require the registration of all brands, formulas, analyses,labels, and trademarks used, or proposed to be used, in selling oradvertising alcoholic beverages. The commission shall not have thepower to require the disclosure of formulas that are verified tradesecrets.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-18
Regulation of transportation and containers
Sec. 18. Regulation of Transportation and Containers. Thecommission shall have the power to regulate the modes and methodsof dealing in, and the transportation of, alcoholic beverages. Thecommission also shall have the power to regulate the types ofcontainers in which alcoholic beverages may be lawfully transportedand delivered.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-19
Regulation of records
Sec. 19. Regulation of Records. The commission shall have thepower to:
(a) Prescribe the manner and methods by which all recordsrelating to alcoholic beverages are kept and preserved;
(b) Inspect all records relating to alcoholic beverages; and,
(c) Require true copies of any record to be made and furnished tothe commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-20
Regulation of sales
Sec. 20. The commission shall have the power to prohibit orregulate, by rule or regulation, the sale of alcoholic beverages withinthis state when the sale is being carried on in violation of IC 24-3-1(repealed).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-2010,SEC.38.
IC 7.1-2-3-21
Regulation of local boards Sec. 21. Regulation of Local Boards. The commission shall havethe power to prescribe the procedure to be observed by localalcoholic beverage boards and for investigations before these boards.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-22
Regulation of business relationships
Sec. 22. Regulation of Business Relationships. The commissionshall have the power to ascertain the business relationships,including non-alcoholic beverage business relationships, betweenpermittees under this title. The commission shall have the power toregulate or prohibit a practice, relationship, or dealing by or betweenpermittees, which in the judgment of the commission is inimical toor a violation of a provision of this title or of a rule or regulation ofthe commission. The commission may take action in these matters byrule or regulation or by individual order upon hearing after five (5)days notice to the effected permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-23
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-2-3-24
Disclosures concerning transportation
Sec. 24. Disclosures Re Transportation. The commission mayrequire that, prior to the importation or transportation of an alcoholicbeverage into this state by an authorized permittee, he shall submitwritten, verified, information concerning the proposed importationor transportation and execute and file any documents required. Thecommission shall have the power also to inspect the shipments intransit and the vehicle used in the importation or transportation.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-25
Military bases
Sec. 25. Military Bases. The commission may authorize the saleof an alcoholic beverage to an officer, or other person legally entitledto purchase it, and the delivery of it to that person on a militaryreservation or other reservation within this state which is under theauthority of the United States government and if the sale and deliveryis otherwise lawful.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-26
Duty concerning franchise agreements
Sec. 26. Duty Re Franchise Agreements. The commission shallinvestigate a violation of a provision of IC 1971, 7.1-3-3-17 and7.1-5-5-9, and shall have the power to enforce conformance with aprovision of an injunction issued under the authority of these
sections.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-27
Duty to report illegal influence
Sec. 27. Duty to Report Illegal Influence. It is the duty of anofficer or employee of the state or of one (1) of its politicalsubdivisions or municipal corporations solicited in violation of theprovisions of IC 1971, 7.1-5-5-1, to report that fact to thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-28
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 7.1-2-3-29
Delegation of powers and duties
Sec. 29. Delegation of Powers and Duties. The commission,unless otherwise specifically provided, may delegate the powers andduties conferred on it in this title to responsible employees of thecommission, but the commission shall maintain final responsibility.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-30
Limitation of liability
Sec. 30. Limitation of Liability. The members of the commission,their officers and employees shall be exempt from civil liability foran act or omission done under the authority, or the color of authority,conferred by this title or by a rule, regulation, or order of thecommission. However, they shall be liable to the State of Indiana fortheir acts and omissions.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-31
Implied powers
Sec. 31. Implied Powers. The commission and the chairman shallhave, in addition to the express powers enumerated in this title, theauthority to exercise all powers necessary and proper to carry out thepolicies of this title and to promote efficient administration by thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-32
Group purchasing agreements; rules
Sec. 32. (a) The commission, by rule, may provide procedureswhereby two (2) or more retailers and dealers may enter into a formalgroup purchasing agreement for the purpose of purchasing alcoholicbeverages from permittees authorized to sell alcoholic beverages tothem. (b) If the commission exercises the power granted in subsection(a), the rule shall make provisions for at least the following:
(1) the formal requirements of a group purchasing agreement;
(2) the vesting of title to the alcoholic beverages purchasedunder a group purchasing agreement;
(3) the transportation by retailers and dealers of the alcoholicbeverages purchased under a group purchasing agreement;
(4) the purchase and transportation of alcoholic beverages byretailers and dealers, whether they are parties to a grouppurchasing agreement or not, as a result of a service interruptionor other emergency; and
(5) the filing requirements of a group purchasing agreement orany amendments or additions thereto.
As added by P.L.85-1985, SEC.2.
IC 7.1-2-3-33
Investigations and penalties for violations of statutes relating totobacco
Sec. 33. The commission is authorized to:
(1) investigate a violation of; and
(2) enforce a penalty for a violation of;
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7.
As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003,SEC.5.