CHAPTER 18. CARRIERS', SALESMEN'S, AND EMPLOYEES' PERMITS
IC 7.1-3-18
Chapter 18. Carriers', Salesmen's, and Employees' Permits
IC 7.1-3-18-1
Carriers' alcoholic permits
Sec. 1. Carriers' Alcoholic Permits: Application and Issuance. Thecommission may issue a carrier's alcoholic permit to a person who isa carrier upon a showing of the reliability and responsibility of thecarrier and the propriety of issuing the permit. The commission mayissue a carrier's alcoholic permit without publication of notice andinvestigation by a local board.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-2
Carriers' alcoholic permits; scope
Sec. 2. Carriers' Alcoholic Permits: Scope. A carrier's alcoholicpermit shall be required only for, and be applicable to, themovement, conveyance, importation and transportation of alcoholand alcoholic beverages on a public highway in this state. A carrier'salcoholic permit shall not be required when the conveyance,movement, importation, or transportation is conducted by means ofcars or trains operated by a railroad of any type over fixed rails.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-3
Permits required
Sec. 3. Permits Required. A carrier shall be required to apply forand obtain a carrier's alcoholic permit before he may haul, convey,transport, or import alcoholic beverages on a public highway of thisstate or crossing a boundary of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-4
Permits required; exception
Sec. 4. Permits Required: Exception. A carrier who transportsbeer manufactured in Indiana for consumption outside this state shallnot be required to obtain a carrier's alcoholic permit if the beer hasbeen manufactured under a brewer's permit and if in the judgment ofthe commission, through safeguards provided by the co-operation ofthe brewer, the issuance of a permit to the carrier is not necessary toprotect the interests of the State of Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-5
Description of vehicles
Sec. 5. Description of Vehicles. A carrier's alcoholic permit shallnot be operative as to a vehicle owned or operated by the carrier andshall not authorize the transportation or conveyance of alcoholicbeverages in it unless a description of the vehicle is first filed withthe commission. The description of the vehicle shall include the
engine number, date of manufacture, approximate weight, motorvehicle number, all license plate numbers, capacity, and any otherinformation that the commission may require. The filing of therequired information shall include that vehicle in the coverage of thepermit. The permittee may alter or add to the number of vehiclesincluded under the permit from time to time.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-6
Surety bond
Sec. 6. Surety Bond. The commission also may, at the time of theissuance of a carrier's alcoholic permit, or at any other timethereafter, require a surety bond in a penal sum not to exceed fivehundred dollars ($500), executed by the permittee and payable to theState of Indiana. The bond shall be conditioned that he will notviolate a provision of this title, or a rule or regulation of thecommission pertaining to the business in which he is engaged underhis permit. If a surety bond is required by the commission, thepermit, although previously issued, shall not be in force and thepermittee shall not operate under it until the surety bond has beenduly executed, approved and filed with the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-7
Salesmen's permits; application and issuance
Sec. 7. Salesmens' Permits: Application and Issuance. Thecommission may issue a salesman's permit to a person who desiresto act as a salesman. The applicant shall state in the application thecounty or counties within Indiana within which the applicant desiresto act as a salesman. The application and the permit issued by thecommission shall set forth the name and address of the person whomthe salesman represents. The application and permit also shall stateif the salesman is acting for himself as principal. The application alsoshall include reasonable rules as the commission may prescribe fromtime to time.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-18-8
Salesmen's permits; scope
Sec. 8. (a) The holder of a salesman's permit is not entitled torepresent a person whose name does not appear on the permit as thepermittee's employer, if employed by another, nor may the permitteeact for any other person not named in the permit.
(b) Subject to subsection (c), a permittee is not entitled to act asa salesman for more than one (1) person under one (1) permit.However, the commission may issue additional permits to thesalesman for additional principals.
(c) A permittee may act as a salesman for more than one (1)person under one (1) permit if:
(1) the permittee is an Internet company; and (2) the Internet company provides the commission with thenames of each permittee for whom the Internet company is asalesman in conformity with the rules adopted by thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.30.
IC 7.1-3-18-9
Employee's permit
Sec. 9. (a) The commission may issue an employee's permit to aperson who desires to act as:
(1) a clerk in a package liquor store;
(2) an employee who serves wine at a farm winery; or
(3) a bartender, waiter, waitress, or manager in a retailestablishment, excepting dining car and boat employees.
(b) A permit authorized by this section is conditioned upon thecompliance by the holder with reasonable rules relating to the permitwhich the commission may prescribe from time to time.
(c) A permit issued under this section entitles its holder to workfor any lawful employer. However, a person may work without anemployee's permit for thirty (30) days from the date shown on areceipt for a cashier's check or money order payable to thecommission for that person's employee's permit application.
(d) A person who, for a package liquor store or retailestablishment, is:
(1) the sole proprietor;
(2) a partner, a general partner, or a limited partner in apartnership or limited partnership that owns the businessestablishment;
(3) a member of a limited liability company that owns thebusiness establishment; or
(4) a stockholder in a corporation that owns the businessestablishment;
is not required to obtain an employee's permit in order to perform anyof the acts listed in subsection (a).
(e) An applicant may declare on the application form that theapplicant will use the employee's permit only to perform volunteerservice that benefits a nonprofit organization. It is unlawful for anapplicant who makes a declaration under this subsection to use anemployee's permit for any purpose other than to perform volunteerservice that benefits a nonprofit organization.
(f) The commission may not issue an employee's permit to anapplicant while the applicant is serving a sentence for a convictionfor operating while intoxicated, including any term of probation orparole.
(g) The commission may not issue an employee's permit to anapplicant who has two (2) unrelated convictions for operating whileintoxicated if:
(1) the first conviction occurred less than ten (10) years beforethe date of the applicant's application for the permit; and (2) the applicant completed the sentence for the secondconviction, including any term of probation or parole, less thantwo (2) years before the date of the applicant's application forthe permit.
(h) If an applicant for an employee's permit has at least three (3)unrelated convictions for operating while intoxicated in the ten (10)years immediately preceding the date of the applicant's applicationfor the permit, the commission may not grant the issuance of thepermit. If, in the ten (10) years immediately preceding the date of theapplicant's application the applicant has:
(1) one (1) conviction for operating while intoxicated, and theapplicant is not subject to subsection (f); or
(2) two (2) unrelated convictions for operating whileintoxicated, and the applicant is not subject to subsection (f) or(g);
the commission may grant or deny the issuance of a permit.
(i) The commission shall revoke a permit issued to an employeeunder this section if:
(1) the employee is convicted of a Class B misdemeanor forviolating IC 7.1-5-10-15(a); or
(2) the employee is convicted of operating while intoxicatedafter the issuance of the permit.
The commission may revoke a permit issued to an employee underthis section for any violation of this title or the rules adopted by thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.83, SEC.4; P.L.77-1988, SEC.3; P.L.102-1989, SEC.2;P.L.64-1990, SEC.2; P.L.51-1994, SEC.7; P.L.205-1999, SEC.15;P.L.125-2000, SEC.1; P.L.204-2001, SEC.31; P.L.165-2006,SEC.26.
IC 7.1-3-18-10
Repealed
(Repealed by Acts 1978, P.L.51, SEC.8.)
IC 7.1-3-18-11
Temporary bartender's permit
Sec. 11. (a) The commission may issue a temporary bartender'spermit to any person who is at least twenty-one (21) years of age forany of the following purposes:
(1) To be a bartender at any activity or event for which atemporary permit is issued under IC 7.1-3-6 (beer) orIC 7.1-3-16 (wine).
(2) To be a bartender at a nonprofit club for a maximum of four(4) days in a year during the same time that a fair or festival isheld in the community where the club is located. However, thecommission may only issue a maximum of twenty (20)temporary bartender's licenses for use in one (1) club duringone (1) fair or festival.
(b) A temporary bartender's permit is the only license that is
required for persons to serve as bartenders for the purposes describedin subsection (a).
(c) A temporary bartender at a club may dispense any alcoholicbeverage that the club's permit allows the club to serve.
(d) The fee for a temporary bartender's permit is five dollars ($5).
(e) The commission may by rule provide procedures for theissuance of a temporary bartender's permit.
(f) The commission shall revoke a permit issued to a bartenderunder this section if the bartender is convicted of a Class Bmisdemeanor for violating IC 7.1-5-10-15(a).
As added by P.L.77-1988, SEC.4. Amended by P.L.52-1992, SEC.7;P.L.125-2000, SEC.2; P.L.224-2005, SEC.9.