CHAPTER 6. TEMPORARY, DINING CAR, AND BOAT BEER PERMITS
IC 7.1-3-6
Chapter 6. Temporary, Dining Car, and Boat Beer Permits
IC 7.1-3-6-1
Temporary beer permits
Sec. 1. Subject to sections 3.5 and 3.6 of this chapter, thecommission may issue a temporary beer permit without publicationof notice or investigation before a local board to a qualified personas provided in this chapter. In all other respects, a temporary beerpermit shall be issued, revoked, and governed by the restrictions andlimitations made in a provisional order or rule or regulation of thecommission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.73-1996,SEC.1.
IC 7.1-3-6-2
Persons eligible for permits
Sec. 2. Persons Eligible for Permits. The commission may issuea temporary beer permit to a person who is qualified to hold a beerretailer's permit and who has such other qualifications as thecommission may prescribe by a provisional order until it adopts arule or regulation on the matter. However, the specialdisqualifications listed in IC 1971, 7.1-3-4-2(c), (h), and (m), and theresidency requirements provided in IC 1971, 7.1-3-21-3, shall notapply to an applicant for a temporary beer permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-3
Reasons for permit
Sec. 3. The commission may issue a temporary beer permit onlyto:
(1) enable a fair, athletic event, barbecue, picnic, weddingreception, convention, exhibition, spectacle or contest to bepublicly held and carried on; or
(2) accommodate the institutional activities of an association,society, charitable or benevolent organization, or a branch ofone (1) of these, or both.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.250-2003,SEC.9.
IC 7.1-3-6-3.5
Temporary beer permit; cities of 150,000 to 500,000; conditions;approval of mayor
Sec. 3.5. (a) This section applies to a temporary beer permit forthe sale of beer within a city having a population of more than onehundred fifty thousand (150,000) but less than five hundred thousand(500,000).
(b) The commission may not issue a temporary beer permit to aperson unless:
(1) the person meets all requirements for a temporary beer
permit under this chapter; and
(2) the mayor of the city in which the beer will be sold approvesthe issuance of the temporary beer permit.
(c) If a person asks the mayor to approve the issuance of atemporary beer permit, the mayor shall notify the commission of themayor's decision to approve or disapprove the permit not later thanfourteen (14) days after the person's request for approval.
(d) If the mayor does not approve or disapprove the request withinthe time required by subsection (c), the commission shall considerthe request to be approved by the mayor.
As added by P.L.52-1992, SEC.4.
IC 7.1-3-6-3.6
Temporary beer permits; town parks
Sec. 3.6. (a) This section applies to a temporary beer permit forthe sale of beer in a town park in a town having a population of lessthan ten thousand (10,000).
(b) The commission may not issue a temporary beer permit to aperson unless:
(1) the person meets all of the requirements for a temporarybeer permit under this chapter; and
(2) the town council:
(A) holds a public hearing on the request for a permit; and
(B) approves the issuance of the temporary beer permit.
(c) If a person asks a town council to approve the issuance of atemporary beer permit, the town clerk-treasurer shall notify thecommission of the town council's decision to approve or disapprovethe permit not later than thirty (30) days after the person's request forapproval.
(d) If a person who applies for a temporary beer permit from thecommission demonstrates to the satisfaction of the commission thatno action was taken on the person's request by the town councilunder subsection (c), the commission shall consider the request to beapproved by the town council.
As added by P.L.73-1996, SEC.2.
IC 7.1-3-6-4
Term of permit
Sec. 4. Term of Permit. The commission may issue a temporarybeer permit for a term, to and including, fifteen (15) days from itsissuance. However, if an emergency exists, in the judgment of thecommission, a temporary beer permit may be renewed for a periodnot to exceed fifteen (15) additional days.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-5
Scope of permit
Sec. 5. Scope of Permit. The holder of a temporary beer permitshall be entitled to purchase and receive beer on any day of the year,only from a person who holds a brewer's permit, a beer wholesaler's
permit, or a beer dealer's permit at their respective places of business.A lawful supplier may sell and deliver beer to a temporary beerpermit holder on any day of the year at his place of business. Theholder of a temporary beer permit shall be entitled to sell beer onlyfor consumption on the licensed premises, and shall be subject to thesame restrictions as apply to the sale of beer by the holder of a beerretailer's permit. A temporary beer permittee shall not be entitled tosell at wholesale or for carry-out from the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-6
Dining car beer permits
Sec. 6. Dining Car Beer Permits. The commission may issue adining car beer permit to a corporation that owns or operates arailroad as a public carrier. The commission also may issue a diningcar permit to a person who owns, operates, or leases cars which areoperated as part of a railroad train. A dining car beer permit may beissued without publication of notice or investigation before a localboard but the issuance shall conform to any rules or regulations madeby the commission. Dining car beer permits shall be issued at the rateof one (1) permit for a unit to consist of not more than five (5) diningand buffet cars.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-7
Scope of permit
Sec. 7. Scope of Permit. The holder of a dining car beer permitshall be entitled to bring into Indiana, for the purpose of servicewithin its dining and buffet cars, sufficient beer for theaccommodation of passengers riding on the train, when served by thedrink only and to be consumed upon the premises, for the entire tripbeing made by the cars.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-8
Display of permit
Sec. 8. Display of Permit. The original dining car beer permitshall be kept displayed at the main Indiana office of the person towhom it was issued. A certificate of an officer or agent of thepermittee stating that a dining car beer permit is in full force andeffect for the car, or words to that effect, shall be kept displayed ineach licensed dining and buffet car.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-9
Renewals
Sec. 9. Renewals. The holder of a dining car beer permit need notrenew his permit annually. However, in order to keep the permit inforce, the permittee must pay the annual license fee to the chairmanon the anniversary date of the issuance of the original permit.(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-10
Excise tax
Sec. 10. The holder of a dining car beer permit shall pay to thedepartment the beer excise tax on the beer or flavored malt beveragewithdrawn for sale within Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.6.) Asamended by P.L.72-1996, SEC.6.
IC 7.1-3-6-11
Shipments by carrier
Sec. 11. Shipments by Carrier. Nothing contained in a dining carbeer permit or the privileges accorded under it shall effect theprovisions of this title in regard to the shipment of alcoholicbeverages by a carrier for either a consignor, or a consignee, or both.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-12
Boat beer permits; application
Sec. 12. Boat Beer Permits: Application. The commission mayissue a boat beer permit to the proprietor of a boat engaged in regularpassenger service and which makes regular runs in seasonableweather between established termini.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-13
Prerequisites
Sec. 13. Prerequisites. The commission shall follow all theprocedures for publication of notice and investigation before a localboard as provided in IC 1971, 7.1-3-19, before it issues a boat beerpermit. However, the publication and investigation shall be made inany county in this state where the particular boat usually docks.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-14
Scope of permit
Sec. 14. The holder of a boat beer permit may purchase beer,possess it, and sell it at retail for consumption only in the diningroom of the boat described in the application. The permit holder maysell beer only in the course of a run and only one (1) hour before theboat embarks on the run.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.77-1988,SEC.2.
IC 7.1-3-6-15
Temporary boat beer permits
Sec. 15. Temporary Boat Beer Permits. The commission mayissue a temporary boat beer permit to the proprietor of a boat underthe same terms and conditions as are provided for the issuance of a
temporary beer permit. A temporary boat beer permit shall beapplicable to the dining room of the boat only and may be issuedonly for an excursion voyage.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-6-16
Race track beer retailer permit
Sec. 16. (a) The commission may issue a beer retailer permit,either inside or outside corporate limits, to the proprietor of a racetrack that:
(1) meets the specifications of rules adopted by the commission;and
(2) is sanctioned by a nationally chartered and recognizedracing organization.
(b) The scope of a permit issued under this section, including thetimes during which beer may be sold, shall be set by rules adopted bythe commission.
(c) A permit issued under this section is exempt fromIC 7.1-3-21-1 and IC 7.1-3-22-3. The permit is not transferable forownership or location.
As added by P.L.106-1995, SEC.8.