IC 7.1-2-3-1 Duties of chairman
Sec. 1. Duties of Chairman. The chairman shall be the presiding
officer at the meetings of the commission. The chairman, together
with the executive secretary, shall prepare, certify and authenticate
all proceedings, minutes, records, rules and regulations of the
commission. The chairman also shall perform all other duties as
imposed by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-2 Power to organize
Sec. 2. Power to Organize. The commission shall have the power
to organize its work and carry on the functions of the commission
and to enforce and administer the provisions of this title and the rules
and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-3 Forms
Sec. 3. Forms. The commission, in accordance with IC 5-15-5.1,
shall have the power to prescribe the forms for all applications,
permits, licenses, and other documents and records used in the
administration of this title. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.40, SEC.18.
IC 7.1-2-3-4 General powers of commission
Sec. 4. General Powers of Commission. The commission shall
have the power:
(a) to hold hearings before the commission or its representative;
(b) to take testimony and receive evidence;
(c) to conduct inquiries with or without hearings;
(d) to receive reports of investigators or other governmental
officers and employees;
(e) to administer oaths;
(f) to subpoena witnesses and to compel them to appear and
testify;
(g) to issue and enforce subpoenas duces tecum;
(h) to take or institute proceedings to enforce subpoenas, the
rules and regulations, orders, or requirements of the commission
or its representative;
(i) to fix the compensation paid to witnesses appearing before
the commission;
(j) to establish and use a seal of the commission;
(k) to certify copies of records of the commission or any other
document or record on file with the commission;
(l) to fix the form, mode, manner, time, and number of times for
the posting or publication of any required notices if not
otherwise provided in this title;
(m) to issue letters of extension as authorized by IC 7.1-3-1-3.1;
and
(n) to hold permits on deposit as authorized by IC 7.1-3-1-3.5. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.2.
IC 7.1-2-3-4.5 Limitations upon commission powers
Sec. 4.5. The commission and the chairman may exercise only
those express powers enumerated in this title; however, this section
does not limit the powers granted to the commission by section 31 of
this chapter. As added by Acts 1982, P.L.69, SEC.3.
IC 7.1-2-3-5 Enforcement of subpoena
Sec. 5. Enforcement of Subpoena. The commission shall have the
authority to petition the circuit or superior court of the county in
which the hearing or investigation is being held to compel obedience
to the lawful requirements of its subpoena under this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-6 Rule making
Sec. 6. Rule Making. The rules and regulations of the commission
shall be made, promulgated, filed and published pursuant to the
provisions of IC 1971, 4-22-2, as amended. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-7 Rules and regulations
Sec. 7. Rules and Regulations. The commission shall have the
power to promulgate rules and regulations governing:
(a) The conduct of the meetings and business of the commission;
(b) The conduct of hearings before any of the commission's
representatives;
(c) The conduct of the business of a permittee authorized or
governed by the provisions of this title;
(d) The enforcement of the provisions of this title and of the rules
and regulations of the commission;
(e) The standards of purity and methods of manufacturing used in
the production of alcohol and alcoholic beverages;
(f) The prevention of misbranding or adulteration of alcohol or
alcoholic beverages; and,
(g) The prevention of fraud, evasion, trickery, or deceit in the
manufacture, labeling, importation, advertisement, transportation, or
sale of alcohol or alcoholic beverages, or the evasion of other laws
of Indiana relating to alcohol or alcoholic beverages. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-8 Conformance to United States law
Sec. 8. Conformance to United States Law. The commission shall
have the power to conform, to adapt, or to coordinate, to the extent
the commission deems proper, the practices, methods, standards, and
rules and regulations governing the traffic in alcohol and alcoholic
beverages, with the practices, methods, standards and rules and
regulations established by an officer or agency of the United States
government. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9 Permits
Sec. 9. Permits. The commission shall have the discretionary
authority to issue, deny, suspend, revoke, or not renew all permits
authorized by this title, unless the exercise of discretion or authority
is limited by applicable provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9.1 Registry of permits
Sec. 9.1. (a) The commission shall prepare and maintain, available
for public inspection, a registry of all retailer and dealer permits
(including supplemental permits) issued by it, categorized by type of
permit and by the type of establishment to which it is issued. The
registry of permits shall:
(1) be subdivided on a county by county basis, and further
subdivided by city, town, and unincorporated area;
(2) contain the number of permits authorized by the quota, and
the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of
the licensed premises, the assumed business name under which
the business is conducted, and, if a corporation, the names of
the president and secretary; and
(4) be made current annually, to indicate by specific notation
any new permits that were issued or any existing permits that
were transferred in any manner within the prior year.
(b) The commission shall distribute one (1) complete copy of the
registry of permits for that particular county to each county clerk, at
no cost to the county clerk, each time the registry is made current.
The county clerk shall immediately notify the county treasurer that
the registry has been received and make the registry available for
copying by the county treasurer. Each county clerk shall maintain a
copy of the registry of permits available for public inspection in the
county clerk's office during normal business hours.
(c) The commission shall provide for the sale of the registry of
permits to the public on a cost basis, both as a complete statewide
registry and as a countywide registry. As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985,
SEC.1; P.L.106-1995, SEC.3.
IC 7.1-2-3-10 Investigations; memorandum of understanding
Sec. 10. (a) The commission shall have the power to investigate
the violation of a provision of this title and of the rules and
regulations of the commission and to report its findings to the
prosecuting attorney or the grand jury of the county in which the
violation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understanding
with the Indiana gaming commission authorizing the commission's
unlawful gaming enforcement division to conduct revocation actions
resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5,
or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this
section must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this section
must be entered into before January 1, 2008. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,
SEC.60; P.L.94-2008, SEC.5.
IC 7.1-2-3-11 Emergencies
Sec. 11. Emergencies. The commission shall have the power to
prohibit the sale, transportation or movement of alcoholic beverages
when, in the judgment of the commission, it is necessary during a
time of public emergency, civil disturbance, riot, or epidemic. The
prohibition may be imposed without prior notice or advertisement
and may be continued in force as long as the need continues. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-12 Searches and seizures
Sec. 12. Searches and Seizures. (a) The commission shall have the
power to examine, inspect and search a licensed premises or a
vehicle where alcohol, alcoholic beverages, or malt articles are kept,
manufactured or sold.
(b) The commission shall have the power to seize alcohol,
alcoholic beverages, malt articles, or any other personal property
when the seizure is lawful under the provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-13 Prevention of subterfuge
Sec. 13. Prevention of Subterfuge. The commission shall have the
power to prevent a part of the premises connected with, or in any
way used in connection with, a licensed premises from being used as
a subterfuge or means of evading the provisions of this title or of the
rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-14 Standards of sanitation
Sec. 14. The commission shall have the power to set standards of
cleanliness and sanitation for a licensed premises and for the
apparatus, equipment, utensils, accessories, articles, and fixtures
used or employed in the licensed premises. The commission shall
have the power to require the aid of the state department of health,
any local board of health, and any health officer in this state to fix
and enforce these standards. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.2-1992,
SEC.74.
IC 7.1-2-3-15 Destruction of personal property
Sec. 15. Destruction of Personal Property. The commission shall
have the power to require the destruction or removal of bottles,
whether empty or not, cases, containers, apparatus, or devices, used
or likely to be used, in evading, violating, or preventing the
enforcement of the provisions of this title or of the rules and
regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-16 Regulation of advertising
Sec. 16. (a) The commission shall have the power to regulate and
prohibit advertising, signs, displays, posters, and designs intended to
advertise an alcoholic beverage or the place where alcoholic
beverages are sold.
(b) The commission shall not exercise the prohibition power
contained in subsection (a), as to any advertisement appearing in a
newspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest to
the community; and
(3) circulates generally to the public in any part of this state,
regardless of where printed.
However, a newspaper shall not include publications devoted to
special interests such as labor, religious, fraternal, society, or trade
publications or journals, or publications owned or issued by political
organizations or parties.
(c) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement broadcast over
duly licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether
published in a newspaper or broadcast over radio or television, shall
conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power
contained in subsection (a) as to advertising in the official program
of the Indianapolis 500 Race or the Madison Regatta, Inc.,
Hydroplane Race.
(f) Notwithstanding any other law, the commission may not
prohibit the use of an illuminated sign advertising alcoholic
beverages by brand name that is displayed within the interior or on
the exterior of the premises covered by the permit, regardless of
whether the sign is illuminated constantly or intermittently.
However, it is unlawful for a primary source of supply or a
wholesaler of alcoholic beverages to sell, give, supply, furnish, or
grant to, or maintain for a retail or dealer permittee an illuminated
advertising sign in a manner that violates the trade practice
restrictions of the commission or this title. It is unlawful for a retail
or dealer permittee to receive, accept, display, or permit to be
displayed, an illuminated advertising sign sold, given, supplied,
furnished, granted, or maintained in violation of this subsection.
Unless otherwise stated, when a recipient receives an illuminated
sign, the illuminated sign becomes the property and responsibility of
the recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;
however, those advertisements must conform to the rules of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1;
Acts 1975, P.L.70, SEC.1.) As amended by P.L.98-1983, SEC.1;
P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.
IC 7.1-2-3-16.5 "Facility" defined
Sec. 16.5. (a) As used in this section, "facility" includes the
following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in
IC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7
applies.
(4) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth in
IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power
contained in section 16(a) of this chapter on advertising by a brewer,
distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility
may provide advertising to a permittee that is a brewer, distiller,
rectifier, or vintner in exchange for compensation from that
permittee. As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2;
P.L.71-1996, SEC.2; P.L.72-2004, SEC.3.
IC 7.1-2-3-17 Registration requirements
Sec. 17. Registration Requirements. The commission shall have
the power to require the registration of all brands, formulas, analyses,
labels, and trademarks used, or proposed to be used, in selling or
advertising alcoholic beverages. The commission shall not have the
power to require the disclosure of formulas that are verified trade
secrets. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-18 Regulation of transportation and containers
Sec. 18. Regulation of Transportation and Containers. The
commission shall have the power to regulate the modes and methods
of dealing in, and the transportation of, alcoholic beverages. The
commission also shall have the power to regulate the types of
containers in which alcoholic beverages may be lawfully transported
and delivered. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-19 Regulation of records
Sec. 19. Regulation of Records. The commission shall have the
power to:
(a) Prescribe the manner and methods by which all records
relating to alcoholic beverages are kept and preserved;
(b) Inspect all records relating to alcoholic beverages; and,
(c) Require true copies of any record to be made and furnished to
the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-20 Regulation of sales
Sec. 20. The commission shall have the power to prohibit or
regulate, by rule or regulation, the sale of alcoholic beverages within
this state when the sale is being carried on in violation of IC 24-3-1
(repealed). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-2010,
SEC.38.
IC 7.1-2-3-21 Regulation of local boards
Sec. 21. Regulation of Local Boards. The commission shall have
the power to prescribe the procedure to be observed by local
alcoholic beverage boards and for investigations before these boards. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-22 Regulation of business relationships
Sec. 22. Regulation of Business Relationships. The commission
shall have the power to ascertain the business relationships,
including non-alcoholic beverage business relationships, between
permittees under this title. The commission shall have the power to
regulate or prohibit a practice, relationship, or dealing by or between
permittees, which in the judgment of the commission is inimical to
or a violation of a provision of this title or of a rule or regulation of
the commission. The commission may take action in these matters by
rule or regulation or by individual order upon hearing after five (5)
days notice to the effected permittee. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-23
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-2-3-24 Disclosures concerning transportation
Sec. 24. Disclosures Re Transportation. The commission may
require that, prior to the importation or transportation of an alcoholic
beverage into this state by an authorized permittee, he shall submit
written, verified, information concerning the proposed importation
or transportation and execute and file any documents required. The
commission shall have the power also to inspect the shipments in
transit and the vehicle used in the importation or transportation. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-25 Military bases
Sec. 25. Military Bases. The commission may authorize the sale
of an alcoholic beverage to an officer, or other person legally entitled
to purchase it, and the delivery of it to that person on a military
reservation or other reservation within this state which is under the
authority of the United States government and if the sale and delivery
is otherwise lawful. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-26 Duty concerning franchise agreements
Sec. 26. Duty Re Franchise Agreements. The commission shall
investigate a violation of a provision of IC 1971, 7.1-3-3-17 and
7.1-5-5-9, and shall have the power to enforce conformance with a
provision of an injunction issued under the authority of these
sections. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-27 Duty to report illegal influence
Sec. 27. Duty to Report Illegal Influence. It is the duty of an
officer or employee of the state or of one (1) of its political
subdivisions or municipal corporations solicited in violation of the
provisions of IC 1971, 7.1-5-5-1, to report that fact to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-28
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 7.1-2-3-29 Delegation of powers and duties
Sec. 29. Delegation of Powers and Duties. The commission,
unless otherwise specifically provided, may delegate the powers and
duties conferred on it in this title to responsible employees of the
commission, but the commission shall maintain final responsibility. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-30 Limitation of liability
Sec. 30. Limitation of Liability. The members of the commission,
their officers and employees shall be exempt from civil liability for
an act or omission done under the authority, or the color of authority,
conferred by this title or by a rule, regulation, or order of the
commission. However, they shall be liable to the State of Indiana for
their acts and omissions. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-31 Implied powers
Sec. 31. Implied Powers. The commission and the chairman shall
have, in addition to the express powers enumerated in this title, the
authority to exercise all powers necessary and proper to carry out the
policies of this title and to promote efficient administration by the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-32 Group purchasing agreements; rules
Sec. 32. (a) The commission, by rule, may provide procedures
whereby two (2) or more retailers and dealers may enter into a formal
group purchasing agreement for the purpose of purchasing alcoholic
beverages from permittees authorized to sell alcoholic beverages to
them.
(b) If the commission exercises the power granted in subsection
(a), the rule shall make provisions for at least the following:
(1) the formal requirements of a group purchasing agreement;
(2) the vesting of title to the alcoholic beverages purchased
under a group purchasing agreement;
(3) the transportation by retailers and dealers of the alcoholic
beverages purchased under a group purchasing agreement;
(4) the purchase and transportation of alcoholic beverages by
retailers and dealers, whether they are parties to a group
purchasing agreement or not, as a result of a service interruption
or other emergency; and
(5) the filing requirements of a group purchasing agreement or
any amendments or additions thereto. As added by P.L.85-1985, SEC.2.
IC 7.1-2-3-33 Investigations and penalties for violations of statutes relating to
tobacco
Sec. 33. The commission is authorized to:
(1) investigate a violation of; and
(2) enforce a penalty for a violation of;
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7. As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003,
SEC.5.
IC 7.1-2-3-1 Duties of chairman
Sec. 1. Duties of Chairman. The chairman shall be the presiding
officer at the meetings of the commission. The chairman, together
with the executive secretary, shall prepare, certify and authenticate
all proceedings, minutes, records, rules and regulations of the
commission. The chairman also shall perform all other duties as
imposed by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-2 Power to organize
Sec. 2. Power to Organize. The commission shall have the power
to organize its work and carry on the functions of the commission
and to enforce and administer the provisions of this title and the rules
and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-3 Forms
Sec. 3. Forms. The commission, in accordance with IC 5-15-5.1,
shall have the power to prescribe the forms for all applications,
permits, licenses, and other documents and records used in the
administration of this title. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.40, SEC.18.
IC 7.1-2-3-4 General powers of commission
Sec. 4. General Powers of Commission. The commission shall
have the power:
(a) to hold hearings before the commission or its representative;
(b) to take testimony and receive evidence;
(c) to conduct inquiries with or without hearings;
(d) to receive reports of investigators or other governmental
officers and employees;
(e) to administer oaths;
(f) to subpoena witnesses and to compel them to appear and
testify;
(g) to issue and enforce subpoenas duces tecum;
(h) to take or institute proceedings to enforce subpoenas, the
rules and regulations, orders, or requirements of the commission
or its representative;
(i) to fix the compensation paid to witnesses appearing before
the commission;
(j) to establish and use a seal of the commission;
(k) to certify copies of records of the commission or any other
document or record on file with the commission;
(l) to fix the form, mode, manner, time, and number of times for
the posting or publication of any required notices if not
otherwise provided in this title;
(m) to issue letters of extension as authorized by IC 7.1-3-1-3.1;
and
(n) to hold permits on deposit as authorized by IC 7.1-3-1-3.5. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.2.
IC 7.1-2-3-4.5 Limitations upon commission powers
Sec. 4.5. The commission and the chairman may exercise only
those express powers enumerated in this title; however, this section
does not limit the powers granted to the commission by section 31 of
this chapter. As added by Acts 1982, P.L.69, SEC.3.
IC 7.1-2-3-5 Enforcement of subpoena
Sec. 5. Enforcement of Subpoena. The commission shall have the
authority to petition the circuit or superior court of the county in
which the hearing or investigation is being held to compel obedience
to the lawful requirements of its subpoena under this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-6 Rule making
Sec. 6. Rule Making. The rules and regulations of the commission
shall be made, promulgated, filed and published pursuant to the
provisions of IC 1971, 4-22-2, as amended. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-7 Rules and regulations
Sec. 7. Rules and Regulations. The commission shall have the
power to promulgate rules and regulations governing:
(a) The conduct of the meetings and business of the commission;
(b) The conduct of hearings before any of the commission's
representatives;
(c) The conduct of the business of a permittee authorized or
governed by the provisions of this title;
(d) The enforcement of the provisions of this title and of the rules
and regulations of the commission;
(e) The standards of purity and methods of manufacturing used in
the production of alcohol and alcoholic beverages;
(f) The prevention of misbranding or adulteration of alcohol or
alcoholic beverages; and,
(g) The prevention of fraud, evasion, trickery, or deceit in the
manufacture, labeling, importation, advertisement, transportation, or
sale of alcohol or alcoholic beverages, or the evasion of other laws
of Indiana relating to alcohol or alcoholic beverages. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-8 Conformance to United States law
Sec. 8. Conformance to United States Law. The commission shall
have the power to conform, to adapt, or to coordinate, to the extent
the commission deems proper, the practices, methods, standards, and
rules and regulations governing the traffic in alcohol and alcoholic
beverages, with the practices, methods, standards and rules and
regulations established by an officer or agency of the United States
government. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9 Permits
Sec. 9. Permits. The commission shall have the discretionary
authority to issue, deny, suspend, revoke, or not renew all permits
authorized by this title, unless the exercise of discretion or authority
is limited by applicable provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9.1 Registry of permits
Sec. 9.1. (a) The commission shall prepare and maintain, available
for public inspection, a registry of all retailer and dealer permits
(including supplemental permits) issued by it, categorized by type of
permit and by the type of establishment to which it is issued. The
registry of permits shall:
(1) be subdivided on a county by county basis, and further
subdivided by city, town, and unincorporated area;
(2) contain the number of permits authorized by the quota, and
the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of
the licensed premises, the assumed business name under which
the business is conducted, and, if a corporation, the names of
the president and secretary; and
(4) be made current annually, to indicate by specific notation
any new permits that were issued or any existing permits that
were transferred in any manner within the prior year.
(b) The commission shall distribute one (1) complete copy of the
registry of permits for that particular county to each county clerk, at
no cost to the county clerk, each time the registry is made current.
The county clerk shall immediately notify the county treasurer that
the registry has been received and make the registry available for
copying by the county treasurer. Each county clerk shall maintain a
copy of the registry of permits available for public inspection in the
county clerk's office during normal business hours.
(c) The commission shall provide for the sale of the registry of
permits to the public on a cost basis, both as a complete statewide
registry and as a countywide registry. As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985,
SEC.1; P.L.106-1995, SEC.3.
IC 7.1-2-3-10 Investigations; memorandum of understanding
Sec. 10. (a) The commission shall have the power to investigate
the violation of a provision of this title and of the rules and
regulations of the commission and to report its findings to the
prosecuting attorney or the grand jury of the county in which the
violation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understanding
with the Indiana gaming commission authorizing the commission's
unlawful gaming enforcement division to conduct revocation actions
resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5,
or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this
section must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this section
must be entered into before January 1, 2008. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,
SEC.60; P.L.94-2008, SEC.5.
IC 7.1-2-3-11 Emergencies
Sec. 11. Emergencies. The commission shall have the power to
prohibit the sale, transportation or movement of alcoholic beverages
when, in the judgment of the commission, it is necessary during a
time of public emergency, civil disturbance, riot, or epidemic. The
prohibition may be imposed without prior notice or advertisement
and may be continued in force as long as the need continues. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-12 Searches and seizures
Sec. 12. Searches and Seizures. (a) The commission shall have the
power to examine, inspect and search a licensed premises or a
vehicle where alcohol, alcoholic beverages, or malt articles are kept,
manufactured or sold.
(b) The commission shall have the power to seize alcohol,
alcoholic beverages, malt articles, or any other personal property
when the seizure is lawful under the provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-13 Prevention of subterfuge
Sec. 13. Prevention of Subterfuge. The commission shall have the
power to prevent a part of the premises connected with, or in any
way used in connection with, a licensed premises from being used as
a subterfuge or means of evading the provisions of this title or of the
rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-14 Standards of sanitation
Sec. 14. The commission shall have the power to set standards of
cleanliness and sanitation for a licensed premises and for the
apparatus, equipment, utensils, accessories, articles, and fixtures
used or employed in the licensed premises. The commission shall
have the power to require the aid of the state department of health,
any local board of health, and any health officer in this state to fix
and enforce these standards. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.2-1992,
SEC.74.
IC 7.1-2-3-15 Destruction of personal property
Sec. 15. Destruction of Personal Property. The commission shall
have the power to require the destruction or removal of bottles,
whether empty or not, cases, containers, apparatus, or devices, used
or likely to be used, in evading, violating, or preventing the
enforcement of the provisions of this title or of the rules and
regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-16 Regulation of advertising
Sec. 16. (a) The commission shall have the power to regulate and
prohibit advertising, signs, displays, posters, and designs intended to
advertise an alcoholic beverage or the place where alcoholic
beverages are sold.
(b) The commission shall not exercise the prohibition power
contained in subsection (a), as to any advertisement appearing in a
newspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest to
the community; and
(3) circulates generally to the public in any part of this state,
regardless of where printed.
However, a newspaper shall not include publications devoted to
special interests such as labor, religious, fraternal, society, or trade
publications or journals, or publications owned or issued by political
organizations or parties.
(c) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement broadcast over
duly licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether
published in a newspaper or broadcast over radio or television, shall
conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power
contained in subsection (a) as to advertising in the official program
of the Indianapolis 500 Race or the Madison Regatta, Inc.,
Hydroplane Race.
(f) Notwithstanding any other law, the commission may not
prohibit the use of an illuminated sign advertising alcoholic
beverages by brand name that is displayed within the interior or on
the exterior of the premises covered by the permit, regardless of
whether the sign is illuminated constantly or intermittently.
However, it is unlawful for a primary source of supply or a
wholesaler of alcoholic beverages to sell, give, supply, furnish, or
grant to, or maintain for a retail or dealer permittee an illuminated
advertising sign in a manner that violates the trade practice
restrictions of the commission or this title. It is unlawful for a retail
or dealer permittee to receive, accept, display, or permit to be
displayed, an illuminated advertising sign sold, given, supplied,
furnished, granted, or maintained in violation of this subsection.
Unless otherwise stated, when a recipient receives an illuminated
sign, the illuminated sign becomes the property and responsibility of
the recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;
however, those advertisements must conform to the rules of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1;
Acts 1975, P.L.70, SEC.1.) As amended by P.L.98-1983, SEC.1;
P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.
IC 7.1-2-3-16.5 "Facility" defined
Sec. 16.5. (a) As used in this section, "facility" includes the
following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in
IC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7
applies.
(4) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth in
IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power
contained in section 16(a) of this chapter on advertising by a brewer,
distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility
may provide advertising to a permittee that is a brewer, distiller,
rectifier, or vintner in exchange for compensation from that
permittee. As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2;
P.L.71-1996, SEC.2; P.L.72-2004, SEC.3.
IC 7.1-2-3-17 Registration requirements
Sec. 17. Registration Requirements. The commission shall have
the power to require the registration of all brands, formulas, analyses,
labels, and trademarks used, or proposed to be used, in selling or
advertising alcoholic beverages. The commission shall not have the
power to require the disclosure of formulas that are verified trade
secrets. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-18 Regulation of transportation and containers
Sec. 18. Regulation of Transportation and Containers. The
commission shall have the power to regulate the modes and methods
of dealing in, and the transportation of, alcoholic beverages. The
commission also shall have the power to regulate the types of
containers in which alcoholic beverages may be lawfully transported
and delivered. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-19 Regulation of records
Sec. 19. Regulation of Records. The commission shall have the
power to:
(a) Prescribe the manner and methods by which all records
relating to alcoholic beverages are kept and preserved;
(b) Inspect all records relating to alcoholic beverages; and,
(c) Require true copies of any record to be made and furnished to
the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-20 Regulation of sales
Sec. 20. The commission shall have the power to prohibit or
regulate, by rule or regulation, the sale of alcoholic beverages within
this state when the sale is being carried on in violation of IC 24-3-1
(repealed). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-2010,
SEC.38.
IC 7.1-2-3-21 Regulation of local boards
Sec. 21. Regulation of Local Boards. The commission shall have
the power to prescribe the procedure to be observed by local
alcoholic beverage boards and for investigations before these boards. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-22 Regulation of business relationships
Sec. 22. Regulation of Business Relationships. The commission
shall have the power to ascertain the business relationships,
including non-alcoholic beverage business relationships, between
permittees under this title. The commission shall have the power to
regulate or prohibit a practice, relationship, or dealing by or between
permittees, which in the judgment of the commission is inimical to
or a violation of a provision of this title or of a rule or regulation of
the commission. The commission may take action in these matters by
rule or regulation or by individual order upon hearing after five (5)
days notice to the effected permittee. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-23
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-2-3-24 Disclosures concerning transportation
Sec. 24. Disclosures Re Transportation. The commission may
require that, prior to the importation or transportation of an alcoholic
beverage into this state by an authorized permittee, he shall submit
written, verified, information concerning the proposed importation
or transportation and execute and file any documents required. The
commission shall have the power also to inspect the shipments in
transit and the vehicle used in the importation or transportation. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-25 Military bases
Sec. 25. Military Bases. The commission may authorize the sale
of an alcoholic beverage to an officer, or other person legally entitled
to purchase it, and the delivery of it to that person on a military
reservation or other reservation within this state which is under the
authority of the United States government and if the sale and delivery
is otherwise lawful. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-26 Duty concerning franchise agreements
Sec. 26. Duty Re Franchise Agreements. The commission shall
investigate a violation of a provision of IC 1971, 7.1-3-3-17 and
7.1-5-5-9, and shall have the power to enforce conformance with a
provision of an injunction issued under the authority of these
sections. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-27 Duty to report illegal influence
Sec. 27. Duty to Report Illegal Influence. It is the duty of an
officer or employee of the state or of one (1) of its political
subdivisions or municipal corporations solicited in violation of the
provisions of IC 1971, 7.1-5-5-1, to report that fact to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-28
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 7.1-2-3-29 Delegation of powers and duties
Sec. 29. Delegation of Powers and Duties. The commission,
unless otherwise specifically provided, may delegate the powers and
duties conferred on it in this title to responsible employees of the
commission, but the commission shall maintain final responsibility. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-30 Limitation of liability
Sec. 30. Limitation of Liability. The members of the commission,
their officers and employees shall be exempt from civil liability for
an act or omission done under the authority, or the color of authority,
conferred by this title or by a rule, regulation, or order of the
commission. However, they shall be liable to the State of Indiana for
their acts and omissions. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-31 Implied powers
Sec. 31. Implied Powers. The commission and the chairman shall
have, in addition to the express powers enumerated in this title, the
authority to exercise all powers necessary and proper to carry out the
policies of this title and to promote efficient administration by the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-32 Group purchasing agreements; rules
Sec. 32. (a) The commission, by rule, may provide procedures
whereby two (2) or more retailers and dealers may enter into a formal
group purchasing agreement for the purpose of purchasing alcoholic
beverages from permittees authorized to sell alcoholic beverages to
them.
(b) If the commission exercises the power granted in subsection
(a), the rule shall make provisions for at least the following:
(1) the formal requirements of a group purchasing agreement;
(2) the vesting of title to the alcoholic beverages purchased
under a group purchasing agreement;
(3) the transportation by retailers and dealers of the alcoholic
beverages purchased under a group purchasing agreement;
(4) the purchase and transportation of alcoholic beverages by
retailers and dealers, whether they are parties to a group
purchasing agreement or not, as a result of a service interruption
or other emergency; and
(5) the filing requirements of a group purchasing agreement or
any amendments or additions thereto. As added by P.L.85-1985, SEC.2.
IC 7.1-2-3-33 Investigations and penalties for violations of statutes relating to
tobacco
Sec. 33. The commission is authorized to:
(1) investigate a violation of; and
(2) enforce a penalty for a violation of;
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7. As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003,
SEC.5.
IC 7.1-2-3-1 Duties of chairman
Sec. 1. Duties of Chairman. The chairman shall be the presiding
officer at the meetings of the commission. The chairman, together
with the executive secretary, shall prepare, certify and authenticate
all proceedings, minutes, records, rules and regulations of the
commission. The chairman also shall perform all other duties as
imposed by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-2 Power to organize
Sec. 2. Power to Organize. The commission shall have the power
to organize its work and carry on the functions of the commission
and to enforce and administer the provisions of this title and the rules
and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-3 Forms
Sec. 3. Forms. The commission, in accordance with IC 5-15-5.1,
shall have the power to prescribe the forms for all applications,
permits, licenses, and other documents and records used in the
administration of this title. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.40, SEC.18.
IC 7.1-2-3-4 General powers of commission
Sec. 4. General Powers of Commission. The commission shall
have the power:
(a) to hold hearings before the commission or its representative;
(b) to take testimony and receive evidence;
(c) to conduct inquiries with or without hearings;
(d) to receive reports of investigators or other governmental
officers and employees;
(e) to administer oaths;
(f) to subpoena witnesses and to compel them to appear and
testify;
(g) to issue and enforce subpoenas duces tecum;
(h) to take or institute proceedings to enforce subpoenas, the
rules and regulations, orders, or requirements of the commission
or its representative;
(i) to fix the compensation paid to witnesses appearing before
the commission;
(j) to establish and use a seal of the commission;
(k) to certify copies of records of the commission or any other
document or record on file with the commission;
(l) to fix the form, mode, manner, time, and number of times for
the posting or publication of any required notices if not
otherwise provided in this title;
(m) to issue letters of extension as authorized by IC 7.1-3-1-3.1;
and
(n) to hold permits on deposit as authorized by IC 7.1-3-1-3.5. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.2.
IC 7.1-2-3-4.5 Limitations upon commission powers
Sec. 4.5. The commission and the chairman may exercise only
those express powers enumerated in this title; however, this section
does not limit the powers granted to the commission by section 31 of
this chapter. As added by Acts 1982, P.L.69, SEC.3.
IC 7.1-2-3-5 Enforcement of subpoena
Sec. 5. Enforcement of Subpoena. The commission shall have the
authority to petition the circuit or superior court of the county in
which the hearing or investigation is being held to compel obedience
to the lawful requirements of its subpoena under this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-6 Rule making
Sec. 6. Rule Making. The rules and regulations of the commission
shall be made, promulgated, filed and published pursuant to the
provisions of IC 1971, 4-22-2, as amended. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-7 Rules and regulations
Sec. 7. Rules and Regulations. The commission shall have the
power to promulgate rules and regulations governing:
(a) The conduct of the meetings and business of the commission;
(b) The conduct of hearings before any of the commission's
representatives;
(c) The conduct of the business of a permittee authorized or
governed by the provisions of this title;
(d) The enforcement of the provisions of this title and of the rules
and regulations of the commission;
(e) The standards of purity and methods of manufacturing used in
the production of alcohol and alcoholic beverages;
(f) The prevention of misbranding or adulteration of alcohol or
alcoholic beverages; and,
(g) The prevention of fraud, evasion, trickery, or deceit in the
manufacture, labeling, importation, advertisement, transportation, or
sale of alcohol or alcoholic beverages, or the evasion of other laws
of Indiana relating to alcohol or alcoholic beverages. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-8 Conformance to United States law
Sec. 8. Conformance to United States Law. The commission shall
have the power to conform, to adapt, or to coordinate, to the extent
the commission deems proper, the practices, methods, standards, and
rules and regulations governing the traffic in alcohol and alcoholic
beverages, with the practices, methods, standards and rules and
regulations established by an officer or agency of the United States
government. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9 Permits
Sec. 9. Permits. The commission shall have the discretionary
authority to issue, deny, suspend, revoke, or not renew all permits
authorized by this title, unless the exercise of discretion or authority
is limited by applicable provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-9.1 Registry of permits
Sec. 9.1. (a) The commission shall prepare and maintain, available
for public inspection, a registry of all retailer and dealer permits
(including supplemental permits) issued by it, categorized by type of
permit and by the type of establishment to which it is issued. The
registry of permits shall:
(1) be subdivided on a county by county basis, and further
subdivided by city, town, and unincorporated area;
(2) contain the number of permits authorized by the quota, and
the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of
the licensed premises, the assumed business name under which
the business is conducted, and, if a corporation, the names of
the president and secretary; and
(4) be made current annually, to indicate by specific notation
any new permits that were issued or any existing permits that
were transferred in any manner within the prior year.
(b) The commission shall distribute one (1) complete copy of the
registry of permits for that particular county to each county clerk, at
no cost to the county clerk, each time the registry is made current.
The county clerk shall immediately notify the county treasurer that
the registry has been received and make the registry available for
copying by the county treasurer. Each county clerk shall maintain a
copy of the registry of permits available for public inspection in the
county clerk's office during normal business hours.
(c) The commission shall provide for the sale of the registry of
permits to the public on a cost basis, both as a complete statewide
registry and as a countywide registry. As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985,
SEC.1; P.L.106-1995, SEC.3.
IC 7.1-2-3-10 Investigations; memorandum of understanding
Sec. 10. (a) The commission shall have the power to investigate
the violation of a provision of this title and of the rules and
regulations of the commission and to report its findings to the
prosecuting attorney or the grand jury of the county in which the
violation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understanding
with the Indiana gaming commission authorizing the commission's
unlawful gaming enforcement division to conduct revocation actions
resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5,
or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this
section must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this section
must be entered into before January 1, 2008. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.227-2007,
SEC.60; P.L.94-2008, SEC.5.
IC 7.1-2-3-11 Emergencies
Sec. 11. Emergencies. The commission shall have the power to
prohibit the sale, transportation or movement of alcoholic beverages
when, in the judgment of the commission, it is necessary during a
time of public emergency, civil disturbance, riot, or epidemic. The
prohibition may be imposed without prior notice or advertisement
and may be continued in force as long as the need continues. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-12 Searches and seizures
Sec. 12. Searches and Seizures. (a) The commission shall have the
power to examine, inspect and search a licensed premises or a
vehicle where alcohol, alcoholic beverages, or malt articles are kept,
manufactured or sold.
(b) The commission shall have the power to seize alcohol,
alcoholic beverages, malt articles, or any other personal property
when the seizure is lawful under the provisions of this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-13 Prevention of subterfuge
Sec. 13. Prevention of Subterfuge. The commission shall have the
power to prevent a part of the premises connected with, or in any
way used in connection with, a licensed premises from being used as
a subterfuge or means of evading the provisions of this title or of the
rules and regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-14 Standards of sanitation
Sec. 14. The commission shall have the power to set standards of
cleanliness and sanitation for a licensed premises and for the
apparatus, equipment, utensils, accessories, articles, and fixtures
used or employed in the licensed premises. The commission shall
have the power to require the aid of the state department of health,
any local board of health, and any health officer in this state to fix
and enforce these standards. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.2-1992,
SEC.74.
IC 7.1-2-3-15 Destruction of personal property
Sec. 15. Destruction of Personal Property. The commission shall
have the power to require the destruction or removal of bottles,
whether empty or not, cases, containers, apparatus, or devices, used
or likely to be used, in evading, violating, or preventing the
enforcement of the provisions of this title or of the rules and
regulations of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-16 Regulation of advertising
Sec. 16. (a) The commission shall have the power to regulate and
prohibit advertising, signs, displays, posters, and designs intended to
advertise an alcoholic beverage or the place where alcoholic
beverages are sold.
(b) The commission shall not exercise the prohibition power
contained in subsection (a), as to any advertisement appearing in a
newspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest to
the community; and
(3) circulates generally to the public in any part of this state,
regardless of where printed.
However, a newspaper shall not include publications devoted to
special interests such as labor, religious, fraternal, society, or trade
publications or journals, or publications owned or issued by political
organizations or parties.
(c) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement broadcast over
duly licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether
published in a newspaper or broadcast over radio or television, shall
conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power
contained in subsection (a) as to advertising in the official program
of the Indianapolis 500 Race or the Madison Regatta, Inc.,
Hydroplane Race.
(f) Notwithstanding any other law, the commission may not
prohibit the use of an illuminated sign advertising alcoholic
beverages by brand name that is displayed within the interior or on
the exterior of the premises covered by the permit, regardless of
whether the sign is illuminated constantly or intermittently.
However, it is unlawful for a primary source of supply or a
wholesaler of alcoholic beverages to sell, give, supply, furnish, or
grant to, or maintain for a retail or dealer permittee an illuminated
advertising sign in a manner that violates the trade practice
restrictions of the commission or this title. It is unlawful for a retail
or dealer permittee to receive, accept, display, or permit to be
displayed, an illuminated advertising sign sold, given, supplied,
furnished, granted, or maintained in violation of this subsection.
Unless otherwise stated, when a recipient receives an illuminated
sign, the illuminated sign becomes the property and responsibility of
the recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;
however, those advertisements must conform to the rules of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1;
Acts 1975, P.L.70, SEC.1.) As amended by P.L.98-1983, SEC.1;
P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.
IC 7.1-2-3-16.5 "Facility" defined
Sec. 16.5. (a) As used in this section, "facility" includes the
following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in
IC 7.1-3-1-14(c)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7
applies.
(4) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth in
IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power
contained in section 16(a) of this chapter on advertising by a brewer,
distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility
may provide advertising to a permittee that is a brewer, distiller,
rectifier, or vintner in exchange for compensation from that
permittee. As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2;
P.L.71-1996, SEC.2; P.L.72-2004, SEC.3.
IC 7.1-2-3-17 Registration requirements
Sec. 17. Registration Requirements. The commission shall have
the power to require the registration of all brands, formulas, analyses,
labels, and trademarks used, or proposed to be used, in selling or
advertising alcoholic beverages. The commission shall not have the
power to require the disclosure of formulas that are verified trade
secrets. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-18 Regulation of transportation and containers
Sec. 18. Regulation of Transportation and Containers. The
commission shall have the power to regulate the modes and methods
of dealing in, and the transportation of, alcoholic beverages. The
commission also shall have the power to regulate the types of
containers in which alcoholic beverages may be lawfully transported
and delivered. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-19 Regulation of records
Sec. 19. Regulation of Records. The commission shall have the
power to:
(a) Prescribe the manner and methods by which all records
relating to alcoholic beverages are kept and preserved;
(b) Inspect all records relating to alcoholic beverages; and,
(c) Require true copies of any record to be made and furnished to
the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-20 Regulation of sales
Sec. 20. The commission shall have the power to prohibit or
regulate, by rule or regulation, the sale of alcoholic beverages within
this state when the sale is being carried on in violation of IC 24-3-1
(repealed). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.1-2010,
SEC.38.
IC 7.1-2-3-21 Regulation of local boards
Sec. 21. Regulation of Local Boards. The commission shall have
the power to prescribe the procedure to be observed by local
alcoholic beverage boards and for investigations before these boards. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-22 Regulation of business relationships
Sec. 22. Regulation of Business Relationships. The commission
shall have the power to ascertain the business relationships,
including non-alcoholic beverage business relationships, between
permittees under this title. The commission shall have the power to
regulate or prohibit a practice, relationship, or dealing by or between
permittees, which in the judgment of the commission is inimical to
or a violation of a provision of this title or of a rule or regulation of
the commission. The commission may take action in these matters by
rule or regulation or by individual order upon hearing after five (5)
days notice to the effected permittee. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-23
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-2-3-24 Disclosures concerning transportation
Sec. 24. Disclosures Re Transportation. The commission may
require that, prior to the importation or transportation of an alcoholic
beverage into this state by an authorized permittee, he shall submit
written, verified, information concerning the proposed importation
or transportation and execute and file any documents required. The
commission shall have the power also to inspect the shipments in
transit and the vehicle used in the importation or transportation. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-25 Military bases
Sec. 25. Military Bases. The commission may authorize the sale
of an alcoholic beverage to an officer, or other person legally entitled
to purchase it, and the delivery of it to that person on a military
reservation or other reservation within this state which is under the
authority of the United States government and if the sale and delivery
is otherwise lawful. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-26 Duty concerning franchise agreements
Sec. 26. Duty Re Franchise Agreements. The commission shall
investigate a violation of a provision of IC 1971, 7.1-3-3-17 and
7.1-5-5-9, and shall have the power to enforce conformance with a
provision of an injunction issued under the authority of these
sections. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-27 Duty to report illegal influence
Sec. 27. Duty to Report Illegal Influence. It is the duty of an
officer or employee of the state or of one (1) of its political
subdivisions or municipal corporations solicited in violation of the
provisions of IC 1971, 7.1-5-5-1, to report that fact to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-28
Repealed
(Repealed by Acts 1978, P.L.6, SEC.36.)
IC 7.1-2-3-29 Delegation of powers and duties
Sec. 29. Delegation of Powers and Duties. The commission,
unless otherwise specifically provided, may delegate the powers and
duties conferred on it in this title to responsible employees of the
commission, but the commission shall maintain final responsibility. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-30 Limitation of liability
Sec. 30. Limitation of Liability. The members of the commission,
their officers and employees shall be exempt from civil liability for
an act or omission done under the authority, or the color of authority,
conferred by this title or by a rule, regulation, or order of the
commission. However, they shall be liable to the State of Indiana for
their acts and omissions. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-31 Implied powers
Sec. 31. Implied Powers. The commission and the chairman shall
have, in addition to the express powers enumerated in this title, the
authority to exercise all powers necessary and proper to carry out the
policies of this title and to promote efficient administration by the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-3-32 Group purchasing agreements; rules
Sec. 32. (a) The commission, by rule, may provide procedures
whereby two (2) or more retailers and dealers may enter into a formal
group purchasing agreement for the purpose of purchasing alcoholic
beverages from permittees authorized to sell alcoholic beverages to
them.
(b) If the commission exercises the power granted in subsection
(a), the rule shall make provisions for at least the following:
(1) the formal requirements of a group purchasing agreement;
(2) the vesting of title to the alcoholic beverages purchased
under a group purchasing agreement;
(3) the transportation by retailers and dealers of the alcoholic
beverages purchased under a group purchasing agreement;
(4) the purchase and transportation of alcoholic beverages by
retailers and dealers, whether they are parties to a group
purchasing agreement or not, as a result of a service interruption
or other emergency; and
(5) the filing requirements of a group purchasing agreement or
any amendments or additions thereto. As added by P.L.85-1985, SEC.2.
IC 7.1-2-3-33 Investigations and penalties for violations of statutes relating to
tobacco
Sec. 33. The commission is authorized to:
(1) investigate a violation of; and
(2) enforce a penalty for a violation of;
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7. As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003,
SEC.5.
