CHAPTER 4. LOCAL BOARDS
IC 7.1-2-4
Chapter 4. Local Boards
IC 7.1-2-4-1
Local boards created
Sec. 1. Local Boards Created. There is hereby created in eachcounty a local board to be known as the "Alcoholic Beverage Boardof __________ County."
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-2
Qualifications of appointed members
Sec. 2. Qualifications of Appointed Members. An appointedmember of a local board shall possess the following qualifications:
(a) He shall be twenty-one (21) years of age or older;
(b) He shall have been a bona fide resident of the county in whichhe is to serve for at least five (5) years immediately preceding hisappointment;
(c) He shall never have been convicted of a felony under the lawsof this state or of the United States; and,
(d) He shall have a good moral character.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-3
Qualifications of designated members
Sec. 3. Qualifications of Designated Members. The designatedmember of a local board shall be a person of good moral character,a resident of Indiana and familiar with the laws of Indianaconcerning alcoholic beverages. The designated member may be anofficer or employee of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-4
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-2-4-5
Composition
Sec. 5. Composition. A local board shall be composed of four (4)members who are qualified for their positions according to thischapter, and who, other than the designated representative of thecommission, do not hold other lucrative public office or employment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-6
Appointments
Sec. 6. Appointments. A local board shall be composed of three(3) appointed members and one (1) designated member. One (1) ofthe appointed members shall be appointed by the board of countycommissioners of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by thecounty council of the county in which the board is to perform itsduties. One (1) of the appointed members shall be appointed by themayor of the city within the county having the largest population.The designated member of the board shall represent the commissionand shall be designated by the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-7
Composition; two-cities exception
Sec. 7. Composition: Two-Cities Exception. In a county in whichthere are located two (2) or more cities, each having a population ofmore than ten thousand (10,000), as to all applications for permitswhich apply to premises within the corporate limits of one (1) of thecities, the local board shall consist of the designated member, theappointed members appointed by the board of county commissionersand the county council, and a member appointed by the mayor of theeffected city.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-8
Composition; no city exception
Sec. 8. If there is no city within a county, the executive of thetown within the county having the largest population shall make theone (1) appointment to the local board normally made by theexecutive of the largest city.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,SEC.33.
IC 7.1-2-4-9
Order of appointments
Sec. 9. The order of appointments to a local board shall be asfollows:
(1) The board of commissioners of a county shall make itsappointment first.
(2) The city or town executive, as the case may be, shall makethe executive's appointment second.
(3) The county fiscal body shall make its appointment third.
(4) The commission shall designate its representative fourth.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,SEC.34; P.L.4-1991, SEC.136.
IC 7.1-2-4-10
Appointments; time limits
Sec. 10. The county executive and fiscal body and the city or townexecutive, as the case may be, shall make their appointments to thelocal board within fifteen (15) days after being notified by thecommission by registered mail to do so. The commission may extendthis time limit by an additional fifteen (15) days.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,SEC.35.
IC 7.1-2-4-11
Ad interim appointments
Sec. 11. Ad Interim Appointments. The commission shall have thepower to make an ad interim appointment to a local board if therequired appointment is not made within the applicable time limit.An ad interim appointee shall have full power to act as a member ofthe local board for a period of sixty (60) days and as much longer asis required to complete an investigation or questionnaire begunduring his temporary appointment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-12
Commission appointments
Sec. 12. Commission Appointments. The commission shall havethe power to make an appointment to a local board if the requiredappointment is not made within one hundred (100) days followingthe mailing of the first notice requesting that the appointment bemade.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13
Terms of office
Sec. 13. Terms of Office. The term of office of an appointedmember, other than an ad interim appointee, shall be for one (1) yearfrom the date of his appointment and until his successor is appointedand qualified. The designated representative of the commission shallnot have any specific term on any particular local board.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13.5
Training of members
Sec. 13.5. (a) This section does not apply to a designated memberof the local board who is an employee or officer of the commission.
(b) A local board member shall complete a training programconducted by the commission. A local board member may not berequired to take a test or an examination or pay a fee in order tocomplete the training program.
(c) The training program must include training on all thefollowing subjects:
(1) An overview of Indiana alcoholic beverage law andenforcement.
(2) Duties and responsibilities of the board concerning newpermit applications, permit transfers, and renewal of existingpermits.
(3) The open door law (IC 5-14-1.5) and the public records law(IC 5-14-3).
(4) Notice and hearing requirements. (5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program notmore than one hundred eighty (180) days after the member isappointed to the board. A local board member who does notcomplete the training program within the time allowed by thissubsection shall be removed from the board under section 21 of thischapter.
As added by P.L.94-2008, SEC.6.
IC 7.1-2-4-14
Local board organization
Sec. 14. Local Board Organization. A local board shall meet andorganize immediately following the appointment of its members. Thelocal board shall elect one (1) of its members to serve as president.The president shall preside at the meetings of the board and shallsign the minutes of meetings. The local board also shall elect one (1)of its members to serve as secretary. The secretary shall keep theminutes of meetings and other records, attest the signature of thepresident and perform other duties assigned to him by the board.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-15
Meetings
Sec. 15. Meetings. Meetings of the local board shall be held in theoffice of the clerk of the circuit court, or at another place provided bythe board of county commissioners. It shall be the duty of a memberto attend the meetings of his board and to discharge the duties of hisoffice. Any member of a local board may administer oaths. Ameeting of a local board called for the purpose of a publicinvestigation of an application for a permit may be continued fromday to day, or adjourned until a later meeting of the local board in thediscretion of the designated representative of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-16
Quorum and voting
Sec. 16. Quorum and Voting. Three (3) members of a local boardshall constitute a quorum for the transaction of business. A localboard may take action only upon the affirmative votes of at leastthree (3) of its members.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-17
Compensation
Sec. 17. Compensation. As compensation for services, anappointed member of a local board shall receive an annual salary inthe amount of two hundred forty dollars ($240), from the state, paidin twelve (12) equal, monthly installments.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-18
Additional compensation
Sec. 18. Additional Compensation. An appointed member of alocal board shall receive, in addition to the annual salary,compensation from the state at the rate of three dollars ($3.00), foreach application on which he is required to, and does, investigate andreport. The additional compensation shall be paid within sixty (60)days after the required questionnaire has been completed in dueform, signed by the member, and delivered to the commission induplicate.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-19
Mileage
Sec. 19. An appointed member of a local board shall receivemileage at the same rate per mile as is provided for state employeesin the state travel policies and procedures established by thedepartment of administration and approved by the state budgetagency for each mile, in excess of two (2) miles per day, traveled byhim in necessary attendance at the meetings of the local board. Theclaim for mileage shall be certified by the member and filed with thecommission. The claim for mileage shall be paid by the state at theexpiration of sixty (60) days after the questionnaire covering anapplication investigated at the meeting of the local board in respectto which the mileage is claimed has been filled out and signed by themember.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.3.
IC 7.1-2-4-20
Oath of office
Sec. 20. Oath of Office. An appointed member of a local boardshall execute an oath of office in duplicate. One (1) copy of the oathshall be filed in the office of the clerk of the circuit court of thejudicial circuit in which the local board sits. The other copy shall befiled with the chairman.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-21
Removal from office
Sec. 21. Removal from Office. An appointed member of a localboard may be removed from office only for good cause. Thecommission shall give the member a written copy of the chargesagainst him and shall fix the time, which shall not be less than five(5) days thereafter, when the member may appear before thecommission and show cause why he should not be removed. Thecommission shall establish procedures for the removal of anappointed member of a local board. The findings and determinationsof the commission in respect to a removal shall be final.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-22
Oral comments at meetings
Sec. 22. (a) A local board shall allow all individuals attending apublic local board meeting or hearing to make oral comments at themeeting or hearing regarding the subject of the meeting or hearing.However, a local board may set a reasonable limit on the amount oftime allowed to each individual to provide oral comment.
(b) A local board may give greater weight to oral commentsprovided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for whicha permit is requested.
As added by P.L.94-2008, SEC.7.