IC 7.1-3-24
    Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees

IC 7.1-3-24-1
General rule
    Sec. 1. General Rule. The holder of a permit of any type may notsell, assign or transfer that permit to another person except asexpressly authorized by this title. The holder of a permit of any typemay not transfer that permit from one (1) location to another unlessauthorized in special instances to be fixed by rule or regulation of thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-2
Ordinary transfers authorized
    Sec. 2. Ordinary Transfers Authorized. The transfer of a permitfrom one (1) holder to another holder, or from one (1) location toanother location, may be made if the permit has at least three (3)months of unexpired term remaining.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-3
Ordinary transfers; restrictions
    Sec. 3. A transfer authorized by section 2 of this chapter is subjectto the following restrictions:
        (1) It shall be made upon the terms and under the rules andregulations that the commission may prescribe.
        (2) The application for the transfer shall conform in respect tonotice and publication and investigation before the local boardas in the case of an original application for a permit.
        (3) It shall be subject to the advance payment of the advancecost fee under IC 7.1-4-4.1-6.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.41.

IC 7.1-3-24-4
Posting of bond
    Sec. 4. Posting of Bond. The chairman shall require bond to befurnished in the case of the sale, assignment, or transfer of a permitif bond is required to be furnished in the case of an originalapplication for that particular type of permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-5
Deceased permittee
    Sec. 5. Deceased Permittee. A duly appointed and qualifiedadministrator or executor of the estate of a deceased permittee, may,with the approval of the court, continue the business conducted bythe deceased permittee under the permit held by him if theadministrator or executor, either himself or by an agent, also to be

approved by the court, applies for and obtains the written consent ofthe chairman.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-6
Qualifications of successors
    Sec. 6. Qualifications of Successors. The administrator orexecutor, or agent, must have the same qualifications to hold thepermit of the deceased permittee that this title otherwise requires ofan applicant for that particular type of permit. That the administrator,executor, or agent has these qualifications shall be established by afinding of the court having jurisdiction and a copy of these findingsshall accompany the application for the written consent of thechairman.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-7
Surviving spouse or heir
    Sec. 7. Surviving Spouse or Heir. The surviving spouse or heir ofa deceased permittee may be permitted to continue the businessconducted by the deceased permittee, without probate proceedings,if the consent of the department of local government finance isprocured, and if the court having probate jurisdiction shall find thatthe surviving spouse or heir of the deceased permittee possesses thequalifications required of an applicant for that particular type ofpermit. A surviving spouse or heir who desires to carry on thebusiness of the deceased permittee, as authorized by this section,must apply for and receive the written consent of the chairman. Acopy of the court's findings on the qualifications of the applicantmust accompany the application for written consent.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.90-2002,SEC.308.

IC 7.1-3-24-8
Bankrupt permittee
    Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy ofthe business or property of a permittee, acting under the jurisdictionof a court of record of this state, or a United States court, maycontinue the business conducted by the permittee, with the approvalof the court having jurisdiction, by applying for and receiving thewritten consent of the chairman and if he is otherwise duly qualifiedto hold the permit as if he were himself applying for it. Thequalifications of the applicant may be established by a finding of thecourt having jurisdiction. A copy of the court's findings on thequalifications shall accompany the application for written consent.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-9
No local board proceedings in certain cases
    Sec. 9. No Local Board Proceedings in Certain Cases. A

proceeding before the local board, an advertisement, or a hearingshall not be necessary in a transfer authorized by IC 1971,7.1-3-24-5, 7.1-3-24-7, or 7.1-3-24-8.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-10
Reissuance of permits
    Sec. 10. Reissuance of Permits. A permit held by a deceased orbankrupt permittee may be reissued as other permits are authorizedin this title to be reissued if the permit is not transferred by sale orotherwise with the consent of the chairman before its expiration. Thereissuance shall be made only upon the approval of the court havingjurisdiction of the trust of the applicant if the reissuance is to bemade to an administrator, executor, or his agent, or a receiver ortrustee in bankruptcy. A sale or assignment of the permit shall firstbe approved by the court, and only to a person qualified to hold itunder this title. Before the transfer shall legally entitle the purchaseror assignee to operate under it, the applicant must show the chairmanthat he is duly competent and qualified, the same as though he werethe original applicant for it. If the applicant is duly competent andqualified the chairman may approve the sale or transfer and thecommission may issue a permit to the purchaser or assignee. Thecommission shall not reissue a permit to any premises other thanthose to which the permit was applicable when held by the decedentor bankrupt.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-24-11
Surrender of permits
    Sec. 11. The administrator or executor of the estate of a deceasedpermittee may surrender the permit to the commission and it shall becanceled. No part of the fee for the permit shall be refunded.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.42.

IC 7.1-3-24-12
Permittee of mentally incompetent
    Sec. 12. The provisions of this chapter relating to the sale ortransfer of a permit belonging to a deceased permittee apply in thecase of the appointment of a guardian for a mentally incompetentperson. A permit belonging to a mentally incompetent person may bedisposed of and transferred in the same manner and to the sameextent as that provided in the case of a deceased permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.33-1989,SEC.6.