CHAPTER 1. GENERAL PROVISIONS
IC 7.1-3
ARTICLE 3. PERMITS
IC 7.1-3-1
Chapter 1. General Provisions
IC 7.1-3-1-1
Issuance of permits authorized
Sec. 1. Issuance of Permits Authorized. The commission mayissue only the types of permits authorized by this article subject tothe applicable provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-2
No property right in permit
Sec. 2. No Property Right in Permit. A permittee shall have noproperty right in a wholesaler's, retailer's, or dealer's permit of anytype.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-3
Term of permits; renewal
Sec. 3. (a) A permit of any type issued by the commission, exceptas provided in subsections (b) and (f) or unless otherwise providedin this title, shall be in force for one (1) calendar year only, includingthe day upon which it is granted. At the end of the one (1) yearperiod the permit shall be fully expired and null and void.
(b) Notwithstanding subsection (a), a permit that is subject tosection 5.5 or 5.6 of this chapter is effective for two (2) calendaryears, including the day upon which the permit is granted. However,a local board may recommend to the commission that the permit beissued or renewed for only a one (1) year period. The commissionmay issue or renew a permit for the period recommended by the localboard.
(c) A permittee who is granted a two (2) year permit undersubsection (b) or subsection (f) is liable for any annual fees assessedby the commission. The annual fee is due on the annual anniversarydate upon which the permit was granted.
(d) If the commission grants a two (2) year permit, thecommission may ask a local board to hold a hearing to reconsider theduration of a permittee's permit. A hearing held under this subsectionis subject to section 5.5 or 5.6 of this chapter. A local board shallhold the hearing requested by the commission within thirty (30) daysbefore the permittee's next annual anniversary date and forward arecommendation to the commission following the hearing.
(e) If a permittee is granted a permit for more than one (1) year,the commission shall require the permittee to file annually with thecommission the information required for an annual permit renewal.
(f) Notwithstanding subsection (a), the following are effective fortwo (2) calendar years, including the day upon which the permit is
granted:
(1) A beer wholesaler's permit issued under IC 7.1-3-3-1.
(2) A wine wholesaler's permit issued under IC 7.1-3-13-1.
(3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,SEC.2; P.L.205-1999, SEC.8; P.L.250-2003, SEC.7; P.L.224-2005,SEC.2.
IC 7.1-3-1-3.1
Letters of extension
Sec. 3.1. (a) Notwithstanding section 3 of this chapter, anymember of the commission may issue an original letter of extensionextending the term of a permit for a maximum period of ninety (90)days for good cause shown upon the written request of the permitteeand payment of the fee if required.
(b) Upon the expiration of an original letter of extension, or anyrenewal thereof, if good cause still exists, subsequent renewals of theextension may be granted to that permittee only upon the affirmativevote of a majority of the members of the commission.
As added by Acts 1982, P.L.69, SEC.5.
IC 7.1-3-1-3.5
Deposit of permits; business not in operation
Sec. 3.5. A permittee to whom a retailer or dealer permit has beenissued under this title, may deposit that permit with the commissionfor a period of one (1) year if the permittee is unable to immediatelyoperate the business to which the permit applies. The commissionmay extend the term of the deposit for not more than four (4)additional one (1) year periods if the permittee is able to show to thesatisfaction of the commission that the permittee is making a goodfaith effort to put the permit into operation.
As added by Acts 1982, P.L.69, SEC.6. Amended by P.L.250-2003,SEC.8.
IC 7.1-3-1-4
Applications for permits; general
Sec. 4. The commission shall issue a permit authorized by thistitle only upon proper application. The application shall be inwriting, and verified, upon forms prescribed and furnished by thecommission. The application shall contain the terms and informationrequired by this title or by the rules and regulations of thecommission. The appropriate surety bond, if one is required, alsoshall be submitted with the application.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.22.
IC 7.1-3-1-5
Applications for permits; disclosures
Sec. 5. Applications for Permits: Disclosures. An application fora permit to sell alcoholic beverages of any kind, and the required
publication of notice, shall disclose the name of the applicant and thespecific address where the alcoholic beverages are to be sold, andany assumed business name under which the business will beconducted. The application and notice also shall disclose the namesand addresses of the president and secretary of the corporation, club,association or organization who will be responsible to the public forthe sale of the alcoholic beverage if the applicant is a corporation,club, association, or other type of organization.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,P.L.69, SEC.7.
IC 7.1-3-1-5.3
Notice to plan commission of application, renewal, or transfer ofpermit within its jurisdiction
Sec. 5.3. (a) This section applies to an application for a newpermit, renewal of a permit, or transfer of a permit authorized by thisarticle for a location in a:
(1) second or third class city; or
(2) county other than a county containing a consolidated city.
(b) As used in this section, "plan commission" has the meaning setforth in IC 36-7-1-14.
(c) A director of a plan commission may request the commissionto notify the plan commission that the commission has received anapplication for a permit for a location within the territory where theplan commission has jurisdiction.
(d) If the commission receives a request under subsection (c), thecommission shall provide to the appropriate plan commission a copyof the notice that the commission submits for publication to meet therequirements of section 5 of this chapter. The commission shall mailthe copy to the plan commission no later than the day that thecommission submits the notice for publication.
As added by P.L.70-1997, SEC.1.
IC 7.1-3-1-5.5
Applications for permits; counties with consolidated city; notice;affidavit
Sec. 5.5. (a) This section applies only in a county having aconsolidated city.
(b) As used in this section, "contiguous property owner" refers toa property owner who has real property that is geographicallyadjacent to or in contact with any point on the border of the propertyof a person who seeks a permit to sell alcoholic beverages forconsumption on the licensed premises.
(c) As used in this section, "neighboring property owner" means:
(1) a contiguous property owner; or
(2) a property owner who has real property that:
(A) is geographically adjacent to or in contact with any pointon the border of the property of a contiguous propertyowner; and
(B) some portion of which is within five hundred (500) feet
of the property of a person who seeks a permit to sellalcoholic beverages for consumption on the licensedpremises.
(d) As used in this section, "principal owner" means any personor entity holding at least a fifteen percent (15%) interest in thebusiness for which a permit is sought to sell alcoholic beverages.
(e) As used in this section, "property owner" means any personwhose name and address appears in the county assessor's realproperty tax assessment records as a person responsible for thepayment of property taxes on a parcel of real property.
(f) Except as provided in section 28(d) of this chapter, subsection(g) applies to a location in the consolidated city only if:
(1) the application is for a liquor dealer's permit for a locationwithin the boundaries of the special fire service district, asdetermined in conformity with IC 7.1-3-22-8; or
(2) the local alcoholic beverage board requires the applicant tocomply with subsection (g).
(g) In addition to the notice required by section 5 of this chapter,the applicant for a new permit, or a transfer of a permit to sellalcoholic beverages of any type or at any location must, at leastfifteen (15) days before the date of the local alcoholic beverageboard hearing, mail notice of the hearing at the applicant's expenseto the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of theconsolidated city.
(3) The following entities that have registered with thedepartment of metropolitan development of the consolidatedcity:
(A) The principal, headmaster, or other primaryadministrator of each public, private, or parochialelementary or secondary school located less than onethousand (1,000) feet from the property line of theapplicant's property.
(B) Each church that is located less than one thousand(1,000) feet from the property line of the applicant'sproperty.
(C) Each neighborhood association that represents the areain which the applicant's property is located.
(h) The notice that the applicant mails must provide the followinginformation:
(1) The name and address of the applicant, or if the applicant isa corporation, a club, an association, or an organization, thename and address of the applicant's president, secretary, andprincipal owners who will be responsible to the public for thesale of alcoholic beverages.
(2) A statement that the applicant has filed an application withthe alcohol and tobacco commission for the sale of alcoholicbeverages.
(3) The specific address where alcoholic beverages are asked to
be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before thelocal alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against theapplication, the recipient of the notice may attend this publichearing.
(i) The applicant shall furnish evidence of the applicant'scompliance with this section by filing an affidavit with the localalcoholic beverage board at the public hearing on the application.The affidavit must list the names and addresses of the individuals orother entities to which notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), theapplicant shall file with the local alcoholic beverage board at thepublic hearing the following information:
(1) Verification from a department of the consolidated citydesignated by ordinance that the applicant is in compliance withzoning requirements for the premises to be licensed.
(2) Verification from the department of state revenue that theapplicant does not have any outstanding income tax, excise tax,or sales tax liabilities.
(3) Verification from the county treasurer that the applicantdoes not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder thatreceived and held a permit before September 1, 1987.
(l) Notwithstanding subsection (f)(1), an applicant seeking atransfer of a permit from a permit holder to a new permit holderwhen the new permit holder does not intend to change the nature ofthe business operated under the permit may apply to the local boardfor a waiver of the notice requirement in subsection (g). The localboard may consider any information the local board considersrelevant in making a determination to approve or deny the waiverrequest. The local board must approve or deny a waiver request at thefirst regularly scheduled meeting that occurs at least fifteen (15) daysafter the local board receives the waiver request from the applicant.
As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3;P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23;P.L.10-2010, SEC.3.
IC 7.1-3-1-5.6
Permit renewal requirements
Sec. 5.6. (a) This section applies only in a county having aconsolidated city.
(b) This section applies only to an application for the renewal ofa permit to sell alcoholic beverages.
(c) The definitions set forth in section 5.5 of this chapter apply tothis section.
(d) The renewal of a permit is subject to IC 7.1-3-19-9.5.
(e) Except as provided in section 28(d) of this chapter,subsections (f) and (g) apply to a location in the consolidated city
only if the application is for a liquor dealer's permit.
(f) Notwithstanding subsection (d), if:
(1) an applicant has been cited for a violation of law or a rule ofthe commission; or
(2) the local alcoholic beverage board has received at least five(5) written complaints against the applicant alleging a violationof law or a rule of the commission;
then upon direction of the local board, the applicant shall, at leastfifteen (15) days before the date of the local alcoholic beverageboard hearing, mail notice of the hearing at the applicant's expenseas provided in subsection (g).
(g) The applicant shall mail the notice required under subsection(f) to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of theconsolidated city.
(3) The following entities that have registered with thedepartment of metropolitan development of the consolidatedcity:
(A) The principal, headmaster, or other primaryadministrator of each public, private, or parochialelementary or secondary school located less than onethousand (1,000) feet from the property line of theapplicant's property.
(B) Each church that is located less than one thousand(1,000) feet from the property line of the applicant'sproperty.
(C) Each neighborhood association that represents the areain which the applicant's property is located.
(h) The notice that the applicant mails must provide the followinginformation:
(1) The name and address of the applicant, or if the applicant isa corporation, a club, an association, or an organization, thename and address of the applicant's president, secretary, andprincipal owners who will be responsible to the public for thesale of alcoholic beverages.
(2) A statement that the applicant has filed an application withthe alcohol and tobacco commission for the sale of alcoholicbeverages.
(3) The specific address where alcoholic beverages are asked tobe sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before thelocal alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against theapplication, the recipient of the notice may attend this publichearing.
(i) The applicant shall furnish evidence of the applicant'scompliance with this section by filing an affidavit with the localalcoholic beverage board at the public hearing on the application.
The affidavit must list the names and addresses of the persons towhom notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), theapplicant shall file with the local alcoholic beverage board at thepublic hearing the following information:
(1) Verification from the department of metropolitandevelopment of the consolidated city that the applicant is incompliance with zoning requirements for the premises to belicensed.
(2) Verification from the department of state revenue that theapplicant does not have any outstanding income tax, excise tax,or sales tax liabilities.
(3) Verification from the county treasurer that the applicantdoes not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder thatreceived and held a permit before September 1, 1987.
As added by P.L.52-1994, SEC.4. Amended by P.L.2-1995, SEC.38;P.L.106-1995, SEC.5; P.L.204-2001, SEC.24.
IC 7.1-3-1-6
Applications for permits; consent to search
Sec. 6. Applications for Permits: Consent to Search. Anapplication for a permit shall contain the express statement of theapplicant that he consents for the duration of the permit term, if it isissued to him, to the entrance, inspection, and search by anenforcement officer, without a warrant or other process, of hislicensed premises and vehicles to determine whether he is complyingwith the provisions of this title. The consent required by this sectionis renewed and continued by the retention of a permit or its use by apermittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-6.5
Repealed
(Repealed by P.L.52-1994, SEC.7.)
IC 7.1-3-1-7
Surety bonds; amounts
Sec. 7. (a) An applicant for a brewer's permit, a distiller's permit,or a liquor wholesaler's permit shall file with the commission a suretybond in the penal sum of ten thousand dollars ($10,000).
(b) An applicant for a rectifier's permit shall file with thecommission a surety bond in the penal sum of fifteen thousanddollars ($15,000).
(c) An applicant for a vintner's permit shall file with thecommission a surety bond in the penal sum of one thousand dollars($1,000).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,SEC.1; P.L.205-1999, SEC.9.
IC 7.1-3-1-8
Terms and conditions of surety bond
Sec. 8. Terms and Conditions of Surety Bond. The required suretybond of an applicant shall meet with the approval of the commission.The bond shall be made payable to the State of Indiana and beconditioned that so long as the applicant holds his permit unrevoked,he will not violate a provision of this title or a rule or regulation ofthe commission relating to his permit. The bond also shall beconditioned that he will account for all taxes and fees levied by thistitle on the products manufactured, sold, or withdrawn for sale by theapplicant under his permit. A permittee shall keep the bond in fullforce and effect continuously in order to keep his permit in force.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-9
Recovery on bond
Sec. 9. Recovery on Bond. The State of Indiana may recover thesum of one hundred dollars ($100), and no more, in any one (1)action on a permittee's surety bond for the violation of a rule orregulation of the commission. The State of Indiana may recover nomore than two hundred dollars ($200) in any one (1) action on thesurety bond for the violation of a provision of this title. Violationsprior to the institution of the action on the bond shall be deemed one(1) continuing violation. However, the State of Indiana may recoverthe full amount of all taxes and fees due and owing by the permitteeunder this title in a single action on the bond. No person shall bringan action on the bond except the State of Indiana for the use andbenefit of the state.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-10
Surety bond; approval
Sec. 10. Surety Bonds: Approval. The commission shall keep asurety bond filed under this title safely in its files. The commissionshall not approve a surety bond unless the surety company is solventand qualified to do business in this state. The commission, beforeapproving a surety bond, shall require the commissioner of thedepartment of insurance to furnish to the commission copies ofreports of the surety company and other information concerning thereserves and reliability of the company.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-11
Cash in lieu of bond
Sec. 11. Cash in Lieu of Bond. Cash, or bonds of the UnitedStates, or both, may be tendered to the commission in lieu of a suretybond required by the provisions of this title if it is tendered on thesame terms and conditions as a surety bond.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-12
Cancellation of surety bond
Sec. 12. Cancellation of Surety Bond. A surety may not cancel orannul a surety bond filed in accordance with the provisions of thistitle after it has been approved by the commission. However, asurety, with the consent of the commission, may cancel a bond andbe released from liability accruing after the effective date of thecancellation. The commission shall not approve a cancellation untilthe surety has paid and discharged in full its liability to the state onthe bond to the date of the approval of the cancellation.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-13
Payments
Sec. 13. A person may make a payment to the commission:
(1) in cash;
(2) by a valid postal money order of the United States;
(3) by certified check;
(4) by cashier's check;
(5) by check drawn on the bank deposit of a business;
(6) by bank draft;
(7) by money order;
(8) by credit card, debit card, charge card, or similar method; or
(9) if approved by the commission, by an electronic fundstransfer (as defined in IC 4-8.1-2-7).
However, payment made by one (1) of the methods listed insubdivisions (3) through (6) must be of or drawn upon a solvent bankor trust company. However, if a payment is made by bank draft,check, cashier's check, or money order, the liability is not finallydischarged and the person has not paid the obligation until the draft,check, or money order has been honored by the institution on whichit is drawn. If the payment is made by credit card, debit card, chargecard, or similar method, the liability is not finally discharged and theperson has not paid the liability until the commission receivespayment or credit from the institution responsible for making thepayment or credit. The commission may contract with a bank orcredit card vendor for acceptance of bank or credit cards. However,if there is a vendor transaction charge or discount fee, whether billedto the commission or charged directly to the commission's account,the commission or credit card vendor may collect from the personusing the bank or credit card a fee. The fee is a permitted additionalcharge under IC 24-4.5-3-202.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.205-1999,SEC.10; P.L.204-2001, SEC.25.
IC 7.1-3-1-14
Times when sales lawful; athletic or sports events in specifiedcounties or cities; auto racing
Sec. 14. (a) It is lawful for an appropriate permittee, unlessotherwise specifically provided in this title, to sell alcoholic
beverages each day Monday through Saturday from 7 a.m.,prevailing local time, until 3 a.m., prevailing local time, thefollowing day. Sales shall cease wholly on Sunday at 3 a.m.,prevailing local time, and not be resumed until the following Mondayat 7 a.m., prevailing local time.
(b) It is lawful for the holder of a retailer's permit to sell theappropriate alcoholic beverages for consumption on the licensedpremises only on Sunday from 7 a.m., prevailing local time, until 3a.m., prevailing local time, the following day.
(c) It is lawful for the holder of a permit under this article to sellalcoholic beverages at athletic or sports events held on Sunday uponpremises that:
(1) are described in section 25(a) of this chapter;
(2) are a facility used in connection with the operation of apaved track more than two (2) miles in length that is usedprimarily in the sport of auto racing; or
(3) are being used for a professional or an amateur tournament;
beginning one (1) hour before the scheduled starting time of theevent or, if the scheduled starting time of the event is 1 p.m. or later,beginning at noon.
(d) It is lawful for the holder of a valid beer, wine, or liquorwholesaler's permit to sell to the holder of a valid retailer's or dealer'spermit at any time.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.2.) Asamended by P.L.99-1983, SEC.1; P.L.102-1989, SEC.1;P.L.64-1990, SEC.1; P.L.72-1991, SEC.1; P.L.1-1992, SEC.28;P.L.106-1995, SEC.6; P.L.205-1999, SEC.11; P.L.136-2000, SEC.1;P.L.72-2004, SEC.4; P.L.224-2005, SEC.3; P.L.165-2006, SEC.3;P.L.10-2010, SEC.4.
IC 7.1-3-1-15
Service while standing
Sec. 15. Service While Standing. It is lawful for a retail permitteeto serve an alcoholic beverage to a customer whether the customeris seated or standing. It also is lawful for a customer of a retailpermittee to be served an alcoholic beverage and to consume itwhether he is seated or standing.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-16
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-3-1-17
Transportation of alcoholic beverages; general
Sec. 17. Transportation of Alcoholic Beverages: General. Thetraffic and transportation of alcohol and alcoholic beverages for salewithin this state shall be subject to the rules and regulations of thecommission. Alcohol and alcoholic beverages shall be transportedand delivered only in containers that are lawful under this title and
permissible under the rules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-18
Publication of notice
Sec. 18. (a) Whenever, under the provisions of this title,publication of notice of application for a permit is required, thepublication shall be made in one (1) newspaper of general circulationpublished in the county where the permit is to be in effect.
(b) Publication required by this section may be made in anynewspaper of general circulation published one (1) or more timeseach week.
(c) The rates which shall be paid for the advertising of a noticerequired under this title shall be those required to be paid in case ofother notices published for or on behalf of the state.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,SEC.4.
IC 7.1-3-1-19
Character of the business test
Sec. 19. Character of the Business Test. Whenever the characterof the business in which an applicant is engaged is material to hisbeing issued a permit under this article, or is material to his beingqualified to continue to hold the permit, it must be made to appear tothe satisfaction of the commission that a substantial portion of thebusiness carried on, or to be carried on, in the premises in respect towhich a permit is applied for is in the nature of the applicant's mainbusiness function in the premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-20
Display of permit
Sec. 20. A person to whom a permit has been issued to carry onany of the businesses or undertakings authorized by this title shall,before being fully qualified to do business, post and display, andkeep posted and displayed, in the most conspicuous place in theperson's licensed premises the person's permit to do business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.77-1988,SEC.1.
IC 7.1-3-1-21
Sponsoring amateur athletic event
Sec. 21. The holder of a permit of any type issued under theprovisions of this title or a manufacturer of an alcoholic beveragemay sponsor, finance, or promote in any way an amateur athleticcontest, amateur athletic team, or amateur athletic sporting event ofany kind.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,SEC.3.
IC 7.1-3-1-22
Medical exemption
Sec. 22. Medical Exemption. A regularly licensed physician, adentist, or a person holding a license to practice medicine, or toengage in a profession in which the treatment of the human body, orof an animal body, is necessarily involved, a clinic, a noncommerciallaboratory, a hospital or a sanitarium, may acquire, own and dispensefor medicinal, mechanical or scientific purposes only, and not forbeverage purposes, an alcoholic beverage or ethyl alcohol without apermit being issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-23
Pharmacy exemption
Sec. 23. Pharmacy Exemption. A registered pharmacist who ownsor manages a regularly licensed drug store and who is not the holderof a drug store permit issued pursuant to the provisions of IC 1971,7.1-3-10, but who is the holder of an unrevoked permit of the IndianaBoard of Pharmacy, may acquire, own and use only in thecompounding of physician's prescriptions two (2) gallons of ethylalcohol per year without a permit being issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-23.5
Wine appreciation course instructor exemption
Sec. 23.5. An instructor teaching a class on wine appreciation atan accredited college or university (as described under IC 24-4-11-2)may purchase, acquire, possess, and dispense wine for educationalpurposes within the class without a permit under this title.
As added by P.L.54-2008, SEC.1.
IC 7.1-3-1-24
Religious exemption
Sec. 24. Religious Exemption. A pastor, rabbi, minister, or priestmay purchase, acquire, possess and dispense wine for sacramentalpurposes or for performing a religious rite only without a permitbeing issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-25
Authorization to permit the sale of alcoholic beverages at certainpublic facilities
Sec. 25. (a) A city or county listed in this subsection that by itselfor in combination with any other municipal body acquires byownership or by lease any stadium, exhibition hall, auditorium,theater, convention center, or civic center may permit the retail saleof alcoholic beverages upon the premises if the governing board ofthe facility first applies for and secures the necessary permits asrequired by this title. The cities and counties to which this subsectionapplies are as follows: (1) A consolidated city or its county.
(2) A city of the second class.
(3) A county having a population of more than one hundredeighty-two thousand seven hundred ninety (182,790) but lessthan two hundred thousand (200,000).
(4) A county having a population of more than one hundredseventy thousand (170,000) but less than one hundred eightythousand (180,000).
(5) A county having a population of more than one hundredthirty thousand (130,000) but less than one hundred forty-fivethousand (145,000).
(6) A county having a population of more than three hundredthousand (300,000) but less than four hundred thousand(400,000).
(7) A city having a population of more than five thousand onehundred thirty-five (5,135) but less than five thousand twohundred (5,200).
(8) A county having a population of more than one hundredtwenty thousand (120,000) but less than one hundred thirtythousand (130,000).
(9) A county having a population of more than one hundredeighty thousand (180,000) but less than one hundred eighty-twothousand seven hundred ninety (182,790).
(b) A county having a population of more than four hundredthousand (400,000) but less than seven hundred thousand (700,000)or a township located in such a county that has established a publicpark with a golf course within its jurisdiction under IC 36-10-3 orIC 36-10-7 may be issued a permit for the retail sale of alcoholicbeverages on the premises of any community center within the park,including a clubhouse, social center, or pavilion.
(c) A township that:
(1) is located in a county having a population of more than onehundred five thousand (105,000) but less than one hundred tenthousand (110,000); and
(2) acquires ownership of a golf course;
may permit the retail sale of alcoholic beverages upon the premisesof the golf course, if the governing board of the golf course firstapplies for and secures the necessary permits required by this title.
(d) A township:
(1) having a population of more than thirty-five thousand(35,000) but less than one hundred thousand (100,000); and
(2) located in a county having a population of more than fourhundred thousand (400,000) but less than seven hundredthousand (700,000);
may be issued a permit for the retail sale of alcoholic beverages onthe premises of any community center or social center that is locatedwithin the township and operated by the township.
(e) A city that owns a golf course may permit the retail sale ofalcoholic beverages upon the premises of the golf course if thegoverning board of the golf course first applies for and secures the
necessary permits required by this title.
(f) A city that:
(1) has a population of more than thirty-two thousand (32,000)but less than thirty-two thousand eight hundred (32,800); and
(2) owns or leases a marina;
may permit the retail sale of alcoholic beverages upon the premisesof the marina, if the governing board of the marina first applies forand secures the necessary permits required by this title. The permitmay include the carryout sale of alcoholic beverages in accordancewith IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC1-29 but may not include at-home delivery of alcoholic beverages.
(g) A city listed in this subsection that owns a marina may beissued a permit for the retail sale of alcoholic beverages on thepremises of the marina. The permit may include the carryout sale ofalcoholic beverages in accordance with IC 7.1-3-4-6(c),IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may notinclude at-home delivery of alcoholic beverages. However, the citymust apply for and secure the necessary permits that this titlerequires. This subsection applies to the following cities:
(1) A city having a population of more than ninety thousand(90,000) but less than one hundred five thousand (105,000).
(2) A city having a population of more than seventy-fivethousand (75,000) but less than ninety thousand (90,000).
(3) A city having a population of more than thirty-two thousandeight hundred (32,800) but less than thirty-three thousand(33,000).
(4) A city having a population of more than thirty-threethousand (33,000) but less than thirty-six thousand (36,000).
(5) A city having a population of more than twenty-seventhousand (27,000) but less than twenty-seven thousand fourhundred (27,400).
(h) Notwithstanding subsection (a), the commission may issue acivic center permit to a person that:
(1) by the person's self or in combination with another personis the proprietor, as owner or lessee, of an entertainmentcomplex; or
(2) has an agreement with a person described in subdivision (1)to act as a concessionaire for the entertainment complex for thefull period for which the permit is to be issued.
As added by Acts 1980, P.L.8, SEC.64. Amended by Acts 1982, P.L.1,SEC.22; P.L.100-1983, SEC.1; P.L.57-1984, SEC.4; P.L.85-1985,SEC.4; P.L.112-1987, SEC.3; P.L.103-1989, SEC.1; P.L.12-1992,SEC.55; P.L.87-1993, SEC.1; P.L.71-1996, SEC.3; P.L.71-1997,SEC.1; P.L.205-1999, SEC.12; P.L.136-2000, SEC.2; P.L.170-2002,SEC.54; P.L.165-2006, SEC.4.
IC 7.1-3-1-26
Sales among collectors
Sec. 26. No permit is required for the sale, purchase, or gift by acollector to another collector of a container that is: (1) a ceramic commemorative bottle; or
(2) a uniquely designed decanter.
An unbroken federal tax stamp must be on the container at the timeof the sale, purchase, or gift.
As added by P.L.57-1984, SEC.5.
IC 7.1-3-1-27
Affidavit of compliance by retailer permittee; financial statements
Sec. 27. (a) Notwithstanding any other provision of this article, aretailer permittee who is required to comply with the gross food andbeverage sales, or gross food sales, standards contained in this articleas a condition of receiving, continuing to hold, or renewing, thepermittee's permit, or otherwise doing business, may attest to thepermittee's compliance with those standards by filing an affidavit ofcompliance with the commission.
(b) The affidavit of compliance authorized by subsection (a) mustbe in writing and signed by the permittee, or by a responsible officeror partner, under the penalties of perjury, that the representationscontained in it are true.
(c) If the commission has reasonable grounds to doubt thetruthfulness of an affidavit filed pursuant to subsection (a), it mayrequire the permittee to support it by audited financial statements. Ifthe audited financial statements do not support the affidavit and showthe required compliance with the applicable standards of this article,the commission may revoke the permit.
As added by P.L.112-1987, SEC.4.
IC 7.1-3-1-28
Posting notice of application
Sec. 28. (a) This section applies to the initial issuance, transfer oflocation, or transfer of ownership of the following:
(1) Any form of retailer's permit issued under this title.
(2) Any form of dealer's permit issued under this title.
(b) To qualify for approval of an application, an applicant mustshow proof to the commission that the applicant has provided noticeconcerning the application in conformity with this section.
(c) Except as provided in subsection (d), the applicant shall posta sign for the period, in the location, and in the form specified in therules adopted by the commission to indicate to the public that theapplicant is seeking the issuance of a retailer's or dealer's permit. Therules adopted by the commission must require that:
(1) the wording on the sign be in a sufficiently large type size;and
(2) the sign be posted in a sufficient manner in a window oranother area;
so that the sign is visible from the largest public thoroughfare or thenearest public thoroughfare in the vicinity of the applicant's location.The commission may require an applicant to use a sign prepared bythe commission. The commission may charge a fee for a signprepared by the commission that does not exceed the cost of the sign. (d) This subsection applies to a county having a consolidated city.If the application is for a permit other than a liquor dealer's permit,the applicant may:
(1) post notice of the application as set forth in subsection (c);or
(2) mail notice in accordance with:
(A) section 5.5 of this chapter if the application is for a newpermit or transfer of a permit; or
(B) section 5.6 of this chapter if the application is forrenewal of a permit.
As added by P.L.204-2001, SEC.26.