CHAPTER 21. RESTRICTIONS ON ISSUANCE OF PERMITS
IC 7.1-3-21
Chapter 21. Restrictions on Issuance of Permits
IC 7.1-3-21-1
Premises outside corporate limits
Sec. 1. Premises Outside Corporate Limits. The commission shallnot issue a permit in respect to premises situated outside thecorporate limits of an incorporated city or town except as otherwisespecifically provided in this article.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-2
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-21-3
Residency requirements
Sec. 3. The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of anytype; or
(2) a liquor wholesaler's permit;
to a person who has not been a continuous and bona fide resident ofIndiana for five (5) years immediately preceding the date of theapplication for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,P.L.69, SEC.8; P.L.72-2004, SEC.12; P.L.165-2006, SEC.28.
IC 7.1-3-21-4
Partnership; qualifications of members
Sec. 4. The commission shall not issue:
(1) a liquor wholesaler's permit; or
(2) an alcoholic beverage retailer's or dealer's permit;
of any type to a partnership unless each member of the partnershippossesses the same qualifications as those required of an individualapplicant for that particular type of permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,SEC.10; P.L.105-1995, SEC.5; P.L.165-2006, SEC.29.
IC 7.1-3-21-5
Corporations; officer and stockholder qualifications
Sec. 5. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of anytype; or
(2) a liquor wholesaler's permit;
to a corporation unless sixty percent (60%) of the outstandingcommon stock is owned by persons who have been continuous andbona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit toa corporation unless at least one (1) of the stockholders shall havebeen a resident, for at least one (1) year immediately prior to making
application for the permit, of the county in which the licensedpremises are to be situated.
(c) Each officer and stockholder of a corporation shall possess allother qualifications required of an individual applicant for thatparticular type of permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.72-1996,SEC.12; P.L.72-2004, SEC.13; P.L.165-2006, SEC.30.
IC 7.1-3-21-5.2
Limited partnerships; qualifications of persons having partnershipinterest
Sec. 5.2. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of anytype; or
(2) a liquor wholesaler's permit;
to a limited partnership unless at least sixty percent (60%) of thepartnership interest is owned by persons who have been continuousand bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit toa limited partnership unless for at least one (1) year immediatelybefore making application for the permit, at least one (1) of thepersons having a partnership interest has been a resident of thecounty in which the licensed premises are to be situated.
(c) Each general partner and limited partner of a limitedpartnership must possess all other qualifications required of anindividual applicant for that particular type of permit.
As added by P.L.51-1994, SEC.11. Amended by P.L.72-1996,SEC.13; P.L.72-2004, SEC.14; P.L.165-2006, SEC.31.
IC 7.1-3-21-5.4
Limited liability companies; manager and member qualifications
Sec. 5.4. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of anytype; or
(2) a liquor wholesaler's permit;
to a limited liability company unless at least sixty percent (60%) ofthe membership interest is owned by persons who have beencontinuous and bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit toa limited liability company unless for at least one (1) yearimmediately before making application for the permit, at least one(1) of the persons having a membership interest has been a residentof the county in which the licensed premises are to be situated.
(c) Each manager and member of a limited liability company mustpossess all other qualifications required of an individual applicant forthat particular type of permit.
As added by P.L.51-1994, SEC.12. Amended by P.L.72-1996,SEC.14; P.L.72-2004, SEC.15; P.L.165-2006, SEC.32.
IC 7.1-3-21-6
Exceptions for retail and dealer partnerships, corporations, limitedpartnerships, and limited liability companies
Sec. 6. (a) The provisions of sections 4, 5, 5.2, and 5.4 of thischapter concerning retail and dealer partnerships, corporations,limited partnerships, and limited liability companies shall not applyto the issuance of:
(1) a dining car permit;
(2) a boat permit;
(3) a drug store permit;
(4) a grocery store permit;
(5) a hotel permit;
(6) an airplane permit;
(7) a gaming site permit;
(8) a horse track permit;
(9) a satellite facility permit; or
(10) a retail permit to an establishment:
(A) that is sufficiently served by adequate law enforcementat its permit location; and
(B) whose annual gross food sales at the permit location:
(i) exceed one hundred thousand dollars ($100,000); or
(ii) in the case of a new application and as proved by theapplicant to the local board and the commission, willexceed two hundred thousand dollars ($200,000) by theend of the two (2) year period from the date of theissuance of the permit.
(b) The commission shall not issue a permit listed in subsection(a) to a foreign:
(1) corporation;
(2) limited partnership; or
(3) limited liability company;
that is not duly qualified to do business in Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,P.L.83, SEC.6; P.L.15-1994, SEC.9; P.L.2-1995, SEC.39;P.L.71-1996, SEC.4; P.L.233-2007, SEC.31.
IC 7.1-3-21-7
Restaurant corporations; exception
Sec. 7. Restaurant Corporations: Exception. The provisions ofIC 1971, 7.1-3-21-5, shall not apply to the common stock ownershipof a corporation holding a restaurant permit and having less thansixty per cent (60%) resident ownership prior to March 14, 1963.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-8
Disclosure of interested parties
Sec. 8. The commission shall not issue an alcoholic beveragepermit of any type to a person unless that person has on file with thecommission a verified list containing the name and address of eachperson who is, or will be, financially or beneficially interested in the
permit and the business conducted, or to be conducted, under it. Atall times, a change in the list shall be filed by the applicant orpermittee with the commission within ten (10) days of the date whenthe change became effective. The lists, together with any changes,shall be kept on file in the office of the commission and they shall beopen to public inspection.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.38.
IC 7.1-3-21-9
Public officers
Sec. 9. The commission shall not issue an alcoholic beveragewholesaler's permit of any type to a person who holds an elective orappointive public office which has the responsibility of enforcing thestate laws regulating the sale of alcoholic beverage. The commissionmay issue an alcoholic beverage wholesaler's permit of any type toa person who holds any other appointive or elective public office.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.104-1989,SEC.1.
IC 7.1-3-21-10
Location of premises; disclosure
Sec. 10. (a) An application for a permit for premises situatedwithin a distance of two hundred (200) feet from an elementary orsecondary school or church must disclose this fact.
(b) The local board shall state, if required by the commission, inthe questionnaire its opinion as to the propriety of granting theparticular application.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,SEC.6.
IC 7.1-3-21-11
Premises near wall of school or church
Revisor's Note: The version of IC 7.1-3-21-11 appearing in the2004 Edition of the Indiana Code was printed incorrectly. Use thefollowing version of IC 7.1-3-21-11.
Sec. 11. (a) As used in this section, "wall" means a wall of abuilding. The term does not include a boundary wall.
(b) Except as provided in subsection (c), the commission shall notissue a permit for a premises if a wall of the premises is situatedwithin two hundred (200) feet from a wall of a school or church, ifno permit has been issued for the premises under the provisions ofActs 1933, Chapter 80.
(c) This section does not apply to premises if:
(1) the premises of a grocery store or drug store if:
(A) a wall of the premises is situated within two hundred(200) feet from a wall of a church or school;
(B) the commission receives the written statement of theauthorized representative of the church or school statingexpressly that the church or school does not object to the
issuance of the permit for the premises; and
(C) the commission determines that the church or schooldoes not object to the issuance of the permit for thepremises; or
(2) a church or school that applies for a temporary beer or winepermit.
(d) The commission shall base its determination under subsection(c)(1)(C) solely on the written statement of the authorizedrepresentative of the church or school.
(e) If the commission does not receive the written statement of theauthorized representative of the church or school, the premises of thegrocery store or drug store may not obtain the waiver allowed underthis subsection.
(f) If the commission determines that the church or school doesnot object, this section and IC 7.1-3-21-10 do not apply to the permitpremises of the grocery store or drug store on a subsequent renewalor transfer of ownership.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.77-1997,SEC.1; P.L.204-2001, SEC.39.
IC 7.1-3-21-12
Wagering occupational tax stamp
Sec. 12. Wagering Occupational Tax Stamp. The commissionshall not issue a permit to sell alcoholic beverages at retail to aperson who holds, owns, or possesses a wagering occupational taxstamp issued by the United States internal revenue authorities.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-13
4-H club exhibits
Sec. 13. 4-H Club Exhibits. The commission shall not issue atemporary beer permit to a person for the express purpose of sellingbeer at a place where an organized 4-H club association has anexhibit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-14
Indiana state fair commission permit to sell alcoholic beverages onstate fair grounds; permitted activities; requirements
Sec. 14. (a) The commission shall issue a permit for the sale ofalcoholic beverages on the Indiana state fair grounds to the Indianastate fair commission.
(b) The holder of a permit under this section is:
(1) entitled to sell alcoholic beverages on the state fair groundsto consumers by the glass;
(2) entitled to permit multiple vendors of the state faircommission with separate permits at different locations on thestate fair grounds to sell alcoholic beverages by the glass underthe permit;
(3) entitled to receive the permit directly from the commission
without local board approval;
(4) not subject to quota restrictions under IC 7.1-3-22-3; and
(5) entitled to allow a minor to be present in the places wherealcoholic beverages are sold.
(c) The holder of a permit under this section must comply with thefollowing requirements:
(1) File a floor plan of the premises where alcoholic beverageswill be served and consumed.
(2) Provide that service of alcoholic beverages may beperformed only by servers certified under IC 7.1-3-1.5.
(3) Allow sales during the times prescribed under IC 7.1-3-1-14.
(4) Prohibit sales prohibited under IC 7.1-5-10-1 andIC 7.1-5-10-17.
(5) Operate under rules adopted by the commission to protectthe public interest under IC 7.1-1-1.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.165-2006,SEC.33.
IC 7.1-3-21-15
Delinquency in payment of taxes
Sec. 15. (a) The commission shall not issue, renew, or transfer awholesaler, retailer, dealer, or other permit of any type if theapplicant:
(1) is seeking a renewal and the applicant has not paid all theproperty taxes under IC 6-1.1 and the innkeeper's tax underIC 6-9 that are due currently;
(2) is seeking a transfer and the applicant has not paid all theproperty taxes under IC 6-1.1 and innkeeper's tax under IC 6-9for the assessment periods during which the transferor held thepermit; or
(3) is on the most recent tax warrant list supplied to thecommission by the department of state revenue.
(b) The commission shall issue, renew, or transfer a permit thatthe commission denied under subsection (a) when the appropriateone (1) of the following occurs:
(1) The person, if seeking a renewal, provides to thecommission a statement from the county treasurer of the countyin which the property of the applicant was assessed indicatingthat all the property taxes under IC 6-1.1 and, in a county wherethe county treasurer collects the innkeeper's tax, the innkeeper'stax under IC 6-9 that were delinquent have been paid.
(2) The person, if seeking a transfer of ownership, provides tothe commission a statement from the county treasurer of thecounty in which the property of the transferor was assessedindicating that all the property taxes under IC 6-1.1 and, in acounty where the county treasurer collects the innkeeper's tax,the innkeeper's tax under IC 6-9 have been paid for theassessment periods during which the transferor held the permit.
(3) The person provides to the commission a statement from thecommissioner of the department of state revenue indicating that
the person's delinquent tax liability has been satisfied, includingany delinquency in innkeeper's tax if the state collects theinnkeeper's tax for the county in which the person seeks thepermit.
(4) The commission receives a notice from the commissioner ofthe department of state revenue under IC 6-8.1-8-2(k).
(c) An applicant may not be considered delinquent in the paymentof listed taxes if the applicant has filed a proper protest underIC 6-8.1-5-1 contesting the remittance of those taxes. The applicantshall be considered delinquent in the payment of those taxes if theapplicant does not remit the taxes owed to the state department ofrevenue after a final determination on the protest is made by thedepartment of state revenue.
(d) The commission may require that an applicant for theissuance, renewal, or transfer of a wholesaler's, retailer's, or dealer's,or other permit of any type furnish proof of the payment of a listedtax (as defined by IC 6-8.1-1-1) or taxes imposed by IC 6-1.1. Thecommission shall allow the applicant to certify, under the penaltiesfor perjury, that the applicant is not delinquent in filing returns orremitting taxes.
As added by P.L.57-1984, SEC.11. Amended by P.L.23-1986,SEC.15; P.L.6-1987, SEC.15; P.L.332-1989(ss), SEC.40;P.L.64-1990, SEC.5; P.L.106-1995, SEC.15; P.L.224-2005, SEC.17.