CHAPTER 6. REMEDIES: PUBLIC NUISANCES
IC 7.1-2-6
Chapter 6. Remedies: Public Nuisances
IC 7.1-2-6-1
Public nuisance; places
Sec. 1. (a) The following are declared to be a public nuisance:
(1) A room, a house, a building, a boat, a structure, anautomobile, other vehicle, or place of any kind where at leastone (1) of the following occurs:
(A) An alcoholic beverage of any type is sold, possessed,manufactured, bartered, or given away in violation of law ora rule of the commission.
(B) A person is permitted to resort for the purpose ofdrinking an alcoholic beverage of any type in violation oflaw.
(2) A place where alcoholic beverages are kept for sale, barter,or gift in violation of law or in violation of a rule of thecommission, and all alcoholic beverages and all other propertykept in and used in maintaining a place.
(3) The business property of a person who knowingly orintentionally sells, possesses, manufactures, barters, or givesaway alcoholic beverages in violation of law or a rule of thecommission.
(b) The plaintiff in an action to abate a public nuisance undersubsection (a)(3) must prove that the owner of the business hadactual knowledge of the actions alleged to constitute a nuisance.
(c) In determining whether the owner of a business should be heldliable for failing to abate a public nuisance under subsection (a)(3),the court shall consider the efforts the owner of the business took toabate the public nuisance, including whether the police departmentthat serves the business owner's property had been notified by thebusiness owner or the owner's employee of the actions alleged toconstitute the public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,SEC.1.
IC 7.1-2-6-2
Public nuisance; acts
Sec. 2. Public Nuisance: Acts. An act or practice, or manner ofconducting a business by a permittee contrary to a provision of thistitle or to a rule or regulation of the commission, or by a person nota permittee contrary to a provision of this title, shall also constitutea public nuisance if done, carried on, or permitted to take place in abuilding or upon a premises in or on which an alcoholic beverage ispossessed, kept, stored, or consumed, or upon a vehicle, orconveyance in or on which an alcoholic beverage is being kept,stored, consumed, conveyed, transported, or imported into this statecontrary to this title, or contary to a rule or regulation of thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-3
Public nuisance; untaxed liquor
Sec. 3. Public Nuisance: Untaxed Liquor. A malt article, liquid,alcoholic beverage, or container of a substance or beverage in respectto which an excise tax or license fee is imposed under this title andupon which the tax or fee has not been paid, the receptacle in whichit is contained and the premises where it is kept or hidden shallconstitute a public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.5.)
IC 7.1-2-6-4
Abatement of public nuisance
Sec. 4. Abatement of Public Nuisance. The commission, thechairman, the attorney general, a prosecuting attorney, a permitteeauthorized to sell alcoholic beverages within the county in which acommon nuisance exists, kept, or maintained, or a number ofpermittees authorized to sell alcoholic beverages within the countyor elsewhere within the state, or a taxpayer of the county, maymaintain an action in the name of the state to abate and perpetuallyenjoin a public nuisance, or to abate, or enjoin, or both, a practice, orconduct of a person, whether a permittee or not, in violation of thistitle or a rule or regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-5
Available remedies
Sec. 5. Available Remedies. The plaintiff in an action to abate apublic nuisance shall not be required to give bond in the action. Atemporary restraining order, a preliminary injunction, a permanentinjunction, and other appropriate relief may be granted in this actionas is allowed by the Indiana Rules of Civil Procedure.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-6
Evidence of federal tax payment
Sec. 6. Evidence of Federal Tax Payment. The payment of afederal government special tax by a person, or the possession by himof a stamp or receipt issued to him by the federal government, eitheras a retail dealer, or as a wholesale dealer in alcoholic beverages, orthe possession by him, or the posting by him upon the premises of astamp, certificate, permit or license issued under the authority of theUnited States authorizing him to deal in alcoholic beverages shall beprima facie evidence that the named person is engaged in possessing,selling, transporting, giving away or furnishing alcoholic beverageson the covered premises. This section shall apply in a criminalprosecution under this title or in an action to abate or enjoin a publicnuisance or unlawful practice or a practice prohibited by a rule orregulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-7
Order of court
Sec. 7. Order of Court. The court shall order upon final judgmentagainst the defendant that the room, house, building, structure, boator place of any kind shall be closed for a period of one (1) year.However, the court may order in the alternative that the premises beclosed for only a part of the one (1) year period or until the owner,lessee, tenant, or occupant of the premises gives bond with sufficientsurety to be approved by the court making the order, in a penal sumof not less than one thousand dollars ($1,000), payable to the Stateof Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-8
Conditions of bond
Sec. 8. Conditions of Bond. The bond required by IC 1971,7.1-2-6-7, shall be conditioned that an alcoholic beverage will notthereafter be manufactured, possessed, sold, bartered, given away,furnished, or otherwise disposed of in or on the public nuisance, orkept in or on it with the intent to sell, barter, give away, or otherwisedispose of it contrary to law or to a rule or regulation of thecommission. The bond shall be conditioned also that the unlawfulconduct or practice, or conduct of another person, whether apermittee or not, the violation of this title or of a rule or regulationof the commission, will not be permitted on or in the premises. Thebond shall be conditioned further that the defendant will pay allfines, costs, and damages against him for the violation of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-9
Recovery on bond
Sec. 9. Recovery on Bond. The whole amount of the bond filedunder this chapter may be recovered as a penalty if a condition of thebond is violated. The penalty recovered shall be for the use of thecity or town, or if outside the limits of a city or town, then to thecounty, in which the premises are situated.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-10
Abatement upon conviction
Sec. 10. Abatement Upon Conviction. A person may file acomplaint with the circuit or criminal court of the county in whichthe offense was committed in a case in which a person has beenconvicted of a violation of this title, to abate as a public nuisance thereal estate or other property involved in the commission of theoffense or to enjoin the unlawful conduct or practice on or in thepremises. In an abatement action under this section, a certified copyof the record of conviction shall be admissible in evidence and primafacie evidence that the room, house, building, boat, structure,automobile, or other vehicle, or place of any kind set forth and
described in the complaint is a public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-11
Injunction pending trial
Sec. 11. Injunction Pending Trial. An action seeking reliefthrough an injunction or abatement may be begun, carried on andconcluded prior to or during the pending of the criminal prosecutionof a defendant arising from or in connection with, or on, or at theroom, house, building, boat, structure, automobile, or other vehicle,or place of any kind set out and described in the complaint for theaction seeking relief through an injunction or abatement.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-12
Action by commission
Sec. 12. Action by Commission. The commission may enforce aprovision of this title or a rule or regulation of the commissionagainst a permittee either by way of seeking a writ of mandatemandating the defendant to comply with a rule or regulation of thecommission or by an action for an injunction enjoining a permitteefrom violating a rule or regulation of the commission whether theconduct of the defendant does or does not constitute a publicnuisance within the meaning of this title. A temporary restrainingorder, preliminary injunction, and a permanent injunction may begranted in such an action without a bond being filed by the plaintiff.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-13
Action by commission; representation
Sec. 13. Action by Commission: Representation. An actionauthorized by IC 1971, 7.1-2-6-12, shall be brought in the name ofthe State of Indiana on the relation of the commission. Thecommission may be represented by an attorney selected by it, or bythe attorney general, or by a deputy or assistant attorney generalassigned by the attorney general for the purpose of instituting orconducting the action, or by both.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-14
Remedies cumulative
Sec. 14. Remedies Cumulative. The remedies authorized byIC 1971, 7.1-2-5, and by this chapter are cumulative and in no senseshall one (1) of the remedies exclude another. The remedies providedin this article shall not limit or remove the power of the commissionto revoke a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)