IC 7.1-2-4-1 Local boards created
Sec. 1. Local Boards Created. There is hereby created in each
county a local board to be known as the "Alcoholic Beverage Board
of __________ County." (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-2 Qualifications of appointed members
Sec. 2. Qualifications of Appointed Members. An appointed
member of a local board shall possess the following qualifications:
(a) He shall be twenty-one (21) years of age or older;
(b) He shall have been a bona fide resident of the county in which
he is to serve for at least five (5) years immediately preceding his
appointment;
(c) He shall never have been convicted of a felony under the laws
of this state or of the United States; and,
(d) He shall have a good moral character. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-3 Qualifications of designated members
Sec. 3. Qualifications of Designated Members. The designated
member of a local board shall be a person of good moral character,
a resident of Indiana and familiar with the laws of Indiana
concerning alcoholic beverages. The designated member may be an
officer or employee of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-4
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-2-4-5 Composition
Sec. 5. Composition. A local board shall be composed of four (4)
members who are qualified for their positions according to this
chapter, and who, other than the designated representative of the
commission, do not hold other lucrative public office or employment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-6 Appointments
Sec. 6. Appointments. A local board shall be composed of three
(3) appointed members and one (1) designated member. One (1) of
the appointed members shall be appointed by the board of county
commissioners of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
county council of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
mayor of the city within the county having the largest population.
The designated member of the board shall represent the commission
and shall be designated by the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-7 Composition; two-cities exception
Sec. 7. Composition: Two-Cities Exception. In a county in which
there are located two (2) or more cities, each having a population of
more than ten thousand (10,000), as to all applications for permits
which apply to premises within the corporate limits of one (1) of the
cities, the local board shall consist of the designated member, the
appointed members appointed by the board of county commissioners
and the county council, and a member appointed by the mayor of the
effected city. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-8 Composition; no city exception
Sec. 8. If there is no city within a county, the executive of the
town within the county having the largest population shall make the
one (1) appointment to the local board normally made by the
executive of the largest city. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.33.
IC 7.1-2-4-9 Order of appointments
Sec. 9. The order of appointments to a local board shall be as
follows:
(1) The board of commissioners of a county shall make its
appointment first.
(2) The city or town executive, as the case may be, shall make
the executive's appointment second.
(3) The county fiscal body shall make its appointment third.
(4) The commission shall designate its representative fourth. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.34; P.L.4-1991, SEC.136.
IC 7.1-2-4-10 Appointments; time limits
Sec. 10. The county executive and fiscal body and the city or town
executive, as the case may be, shall make their appointments to the
local board within fifteen (15) days after being notified by the
commission by registered mail to do so. The commission may extend
this time limit by an additional fifteen (15) days. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.35.
IC 7.1-2-4-11 Ad interim appointments
Sec. 11. Ad Interim Appointments. The commission shall have the
power to make an ad interim appointment to a local board if the
required appointment is not made within the applicable time limit.
An ad interim appointee shall have full power to act as a member of
the local board for a period of sixty (60) days and as much longer as
is required to complete an investigation or questionnaire begun
during his temporary appointment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-12 Commission appointments
Sec. 12. Commission Appointments. The commission shall have
the power to make an appointment to a local board if the required
appointment is not made within one hundred (100) days following
the mailing of the first notice requesting that the appointment be
made. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13 Terms of office
Sec. 13. Terms of Office. The term of office of an appointed
member, other than an ad interim appointee, shall be for one (1) year
from the date of his appointment and until his successor is appointed
and qualified. The designated representative of the commission shall
not have any specific term on any particular local board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13.5 Training of members
Sec. 13.5. (a) This section does not apply to a designated member
of the local board who is an employee or officer of the commission.
(b) A local board member shall complete a training program
conducted by the commission. A local board member may not be
required to take a test or an examination or pay a fee in order to
complete the training program.
(c) The training program must include training on all the
following subjects:
(1) An overview of Indiana alcoholic beverage law and
enforcement.
(2) Duties and responsibilities of the board concerning new
permit applications, permit transfers, and renewal of existing
permits.
(3) The open door law (IC 5-14-1.5) and the public records law
(IC 5-14-3).
(4) Notice and hearing requirements.
(5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program not
more than one hundred eighty (180) days after the member is
appointed to the board. A local board member who does not
complete the training program within the time allowed by this
subsection shall be removed from the board under section 21 of this
chapter. As added by P.L.94-2008, SEC.6.
IC 7.1-2-4-14 Local board organization
Sec. 14. Local Board Organization. A local board shall meet and
organize immediately following the appointment of its members. The
local board shall elect one (1) of its members to serve as president.
The president shall preside at the meetings of the board and shall
sign the minutes of meetings. The local board also shall elect one (1)
of its members to serve as secretary. The secretary shall keep the
minutes of meetings and other records, attest the signature of the
president and perform other duties assigned to him by the board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-15 Meetings
Sec. 15. Meetings. Meetings of the local board shall be held in the
office of the clerk of the circuit court, or at another place provided by
the board of county commissioners. It shall be the duty of a member
to attend the meetings of his board and to discharge the duties of his
office. Any member of a local board may administer oaths. A
meeting of a local board called for the purpose of a public
investigation of an application for a permit may be continued from
day to day, or adjourned until a later meeting of the local board in the
discretion of the designated representative of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-16 Quorum and voting
Sec. 16. Quorum and Voting. Three (3) members of a local board
shall constitute a quorum for the transaction of business. A local
board may take action only upon the affirmative votes of at least
three (3) of its members. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-17 Compensation
Sec. 17. Compensation. As compensation for services, an
appointed member of a local board shall receive an annual salary in
the amount of two hundred forty dollars ($240), from the state, paid
in twelve (12) equal, monthly installments. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-18 Additional compensation
Sec. 18. Additional Compensation. An appointed member of a
local board shall receive, in addition to the annual salary,
compensation from the state at the rate of three dollars ($3.00), for
each application on which he is required to, and does, investigate and
report. The additional compensation shall be paid within sixty (60)
days after the required questionnaire has been completed in due
form, signed by the member, and delivered to the commission in
duplicate. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-19 Mileage
Sec. 19. An appointed member of a local board shall receive
mileage at the same rate per mile as is provided for state employees
in the state travel policies and procedures established by the
department of administration and approved by the state budget
agency for each mile, in excess of two (2) miles per day, traveled by
him in necessary attendance at the meetings of the local board. The
claim for mileage shall be certified by the member and filed with the
commission. The claim for mileage shall be paid by the state at the
expiration of sixty (60) days after the questionnaire covering an
application investigated at the meeting of the local board in respect
to which the mileage is claimed has been filled out and signed by the
member. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.3.
IC 7.1-2-4-20 Oath of office
Sec. 20. Oath of Office. An appointed member of a local board
shall execute an oath of office in duplicate. One (1) copy of the oath
shall be filed in the office of the clerk of the circuit court of the
judicial circuit in which the local board sits. The other copy shall be
filed with the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-21 Removal from office
Sec. 21. Removal from Office. An appointed member of a local
board may be removed from office only for good cause. The
commission shall give the member a written copy of the charges
against him and shall fix the time, which shall not be less than five
(5) days thereafter, when the member may appear before the
commission and show cause why he should not be removed. The
commission shall establish procedures for the removal of an
appointed member of a local board. The findings and determinations
of the commission in respect to a removal shall be final. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-22 Oral comments at meetings
Sec. 22. (a) A local board shall allow all individuals attending a
public local board meeting or hearing to make oral comments at the
meeting or hearing regarding the subject of the meeting or hearing.
However, a local board may set a reasonable limit on the amount of
time allowed to each individual to provide oral comment.
(b) A local board may give greater weight to oral comments
provided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for which
a permit is requested. As added by P.L.94-2008, SEC.7.
IC 7.1-2-4-1 Local boards created
Sec. 1. Local Boards Created. There is hereby created in each
county a local board to be known as the "Alcoholic Beverage Board
of __________ County." (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-2 Qualifications of appointed members
Sec. 2. Qualifications of Appointed Members. An appointed
member of a local board shall possess the following qualifications:
(a) He shall be twenty-one (21) years of age or older;
(b) He shall have been a bona fide resident of the county in which
he is to serve for at least five (5) years immediately preceding his
appointment;
(c) He shall never have been convicted of a felony under the laws
of this state or of the United States; and,
(d) He shall have a good moral character. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-3 Qualifications of designated members
Sec. 3. Qualifications of Designated Members. The designated
member of a local board shall be a person of good moral character,
a resident of Indiana and familiar with the laws of Indiana
concerning alcoholic beverages. The designated member may be an
officer or employee of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-4
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-2-4-5 Composition
Sec. 5. Composition. A local board shall be composed of four (4)
members who are qualified for their positions according to this
chapter, and who, other than the designated representative of the
commission, do not hold other lucrative public office or employment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-6 Appointments
Sec. 6. Appointments. A local board shall be composed of three
(3) appointed members and one (1) designated member. One (1) of
the appointed members shall be appointed by the board of county
commissioners of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
county council of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
mayor of the city within the county having the largest population.
The designated member of the board shall represent the commission
and shall be designated by the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-7 Composition; two-cities exception
Sec. 7. Composition: Two-Cities Exception. In a county in which
there are located two (2) or more cities, each having a population of
more than ten thousand (10,000), as to all applications for permits
which apply to premises within the corporate limits of one (1) of the
cities, the local board shall consist of the designated member, the
appointed members appointed by the board of county commissioners
and the county council, and a member appointed by the mayor of the
effected city. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-8 Composition; no city exception
Sec. 8. If there is no city within a county, the executive of the
town within the county having the largest population shall make the
one (1) appointment to the local board normally made by the
executive of the largest city. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.33.
IC 7.1-2-4-9 Order of appointments
Sec. 9. The order of appointments to a local board shall be as
follows:
(1) The board of commissioners of a county shall make its
appointment first.
(2) The city or town executive, as the case may be, shall make
the executive's appointment second.
(3) The county fiscal body shall make its appointment third.
(4) The commission shall designate its representative fourth. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.34; P.L.4-1991, SEC.136.
IC 7.1-2-4-10 Appointments; time limits
Sec. 10. The county executive and fiscal body and the city or town
executive, as the case may be, shall make their appointments to the
local board within fifteen (15) days after being notified by the
commission by registered mail to do so. The commission may extend
this time limit by an additional fifteen (15) days. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.35.
IC 7.1-2-4-11 Ad interim appointments
Sec. 11. Ad Interim Appointments. The commission shall have the
power to make an ad interim appointment to a local board if the
required appointment is not made within the applicable time limit.
An ad interim appointee shall have full power to act as a member of
the local board for a period of sixty (60) days and as much longer as
is required to complete an investigation or questionnaire begun
during his temporary appointment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-12 Commission appointments
Sec. 12. Commission Appointments. The commission shall have
the power to make an appointment to a local board if the required
appointment is not made within one hundred (100) days following
the mailing of the first notice requesting that the appointment be
made. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13 Terms of office
Sec. 13. Terms of Office. The term of office of an appointed
member, other than an ad interim appointee, shall be for one (1) year
from the date of his appointment and until his successor is appointed
and qualified. The designated representative of the commission shall
not have any specific term on any particular local board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13.5 Training of members
Sec. 13.5. (a) This section does not apply to a designated member
of the local board who is an employee or officer of the commission.
(b) A local board member shall complete a training program
conducted by the commission. A local board member may not be
required to take a test or an examination or pay a fee in order to
complete the training program.
(c) The training program must include training on all the
following subjects:
(1) An overview of Indiana alcoholic beverage law and
enforcement.
(2) Duties and responsibilities of the board concerning new
permit applications, permit transfers, and renewal of existing
permits.
(3) The open door law (IC 5-14-1.5) and the public records law
(IC 5-14-3).
(4) Notice and hearing requirements.
(5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program not
more than one hundred eighty (180) days after the member is
appointed to the board. A local board member who does not
complete the training program within the time allowed by this
subsection shall be removed from the board under section 21 of this
chapter. As added by P.L.94-2008, SEC.6.
IC 7.1-2-4-14 Local board organization
Sec. 14. Local Board Organization. A local board shall meet and
organize immediately following the appointment of its members. The
local board shall elect one (1) of its members to serve as president.
The president shall preside at the meetings of the board and shall
sign the minutes of meetings. The local board also shall elect one (1)
of its members to serve as secretary. The secretary shall keep the
minutes of meetings and other records, attest the signature of the
president and perform other duties assigned to him by the board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-15 Meetings
Sec. 15. Meetings. Meetings of the local board shall be held in the
office of the clerk of the circuit court, or at another place provided by
the board of county commissioners. It shall be the duty of a member
to attend the meetings of his board and to discharge the duties of his
office. Any member of a local board may administer oaths. A
meeting of a local board called for the purpose of a public
investigation of an application for a permit may be continued from
day to day, or adjourned until a later meeting of the local board in the
discretion of the designated representative of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-16 Quorum and voting
Sec. 16. Quorum and Voting. Three (3) members of a local board
shall constitute a quorum for the transaction of business. A local
board may take action only upon the affirmative votes of at least
three (3) of its members. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-17 Compensation
Sec. 17. Compensation. As compensation for services, an
appointed member of a local board shall receive an annual salary in
the amount of two hundred forty dollars ($240), from the state, paid
in twelve (12) equal, monthly installments. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-18 Additional compensation
Sec. 18. Additional Compensation. An appointed member of a
local board shall receive, in addition to the annual salary,
compensation from the state at the rate of three dollars ($3.00), for
each application on which he is required to, and does, investigate and
report. The additional compensation shall be paid within sixty (60)
days after the required questionnaire has been completed in due
form, signed by the member, and delivered to the commission in
duplicate. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-19 Mileage
Sec. 19. An appointed member of a local board shall receive
mileage at the same rate per mile as is provided for state employees
in the state travel policies and procedures established by the
department of administration and approved by the state budget
agency for each mile, in excess of two (2) miles per day, traveled by
him in necessary attendance at the meetings of the local board. The
claim for mileage shall be certified by the member and filed with the
commission. The claim for mileage shall be paid by the state at the
expiration of sixty (60) days after the questionnaire covering an
application investigated at the meeting of the local board in respect
to which the mileage is claimed has been filled out and signed by the
member. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.3.
IC 7.1-2-4-20 Oath of office
Sec. 20. Oath of Office. An appointed member of a local board
shall execute an oath of office in duplicate. One (1) copy of the oath
shall be filed in the office of the clerk of the circuit court of the
judicial circuit in which the local board sits. The other copy shall be
filed with the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-21 Removal from office
Sec. 21. Removal from Office. An appointed member of a local
board may be removed from office only for good cause. The
commission shall give the member a written copy of the charges
against him and shall fix the time, which shall not be less than five
(5) days thereafter, when the member may appear before the
commission and show cause why he should not be removed. The
commission shall establish procedures for the removal of an
appointed member of a local board. The findings and determinations
of the commission in respect to a removal shall be final. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-22 Oral comments at meetings
Sec. 22. (a) A local board shall allow all individuals attending a
public local board meeting or hearing to make oral comments at the
meeting or hearing regarding the subject of the meeting or hearing.
However, a local board may set a reasonable limit on the amount of
time allowed to each individual to provide oral comment.
(b) A local board may give greater weight to oral comments
provided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for which
a permit is requested. As added by P.L.94-2008, SEC.7.
IC 7.1-2-4-1 Local boards created
Sec. 1. Local Boards Created. There is hereby created in each
county a local board to be known as the "Alcoholic Beverage Board
of __________ County." (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-2 Qualifications of appointed members
Sec. 2. Qualifications of Appointed Members. An appointed
member of a local board shall possess the following qualifications:
(a) He shall be twenty-one (21) years of age or older;
(b) He shall have been a bona fide resident of the county in which
he is to serve for at least five (5) years immediately preceding his
appointment;
(c) He shall never have been convicted of a felony under the laws
of this state or of the United States; and,
(d) He shall have a good moral character. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-3 Qualifications of designated members
Sec. 3. Qualifications of Designated Members. The designated
member of a local board shall be a person of good moral character,
a resident of Indiana and familiar with the laws of Indiana
concerning alcoholic beverages. The designated member may be an
officer or employee of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-4
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-2-4-5 Composition
Sec. 5. Composition. A local board shall be composed of four (4)
members who are qualified for their positions according to this
chapter, and who, other than the designated representative of the
commission, do not hold other lucrative public office or employment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-6 Appointments
Sec. 6. Appointments. A local board shall be composed of three
(3) appointed members and one (1) designated member. One (1) of
the appointed members shall be appointed by the board of county
commissioners of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
county council of the county in which the board is to perform its
duties. One (1) of the appointed members shall be appointed by the
mayor of the city within the county having the largest population.
The designated member of the board shall represent the commission
and shall be designated by the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-7 Composition; two-cities exception
Sec. 7. Composition: Two-Cities Exception. In a county in which
there are located two (2) or more cities, each having a population of
more than ten thousand (10,000), as to all applications for permits
which apply to premises within the corporate limits of one (1) of the
cities, the local board shall consist of the designated member, the
appointed members appointed by the board of county commissioners
and the county council, and a member appointed by the mayor of the
effected city. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-8 Composition; no city exception
Sec. 8. If there is no city within a county, the executive of the
town within the county having the largest population shall make the
one (1) appointment to the local board normally made by the
executive of the largest city. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.33.
IC 7.1-2-4-9 Order of appointments
Sec. 9. The order of appointments to a local board shall be as
follows:
(1) The board of commissioners of a county shall make its
appointment first.
(2) The city or town executive, as the case may be, shall make
the executive's appointment second.
(3) The county fiscal body shall make its appointment third.
(4) The commission shall designate its representative fourth. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.34; P.L.4-1991, SEC.136.
IC 7.1-2-4-10 Appointments; time limits
Sec. 10. The county executive and fiscal body and the city or town
executive, as the case may be, shall make their appointments to the
local board within fifteen (15) days after being notified by the
commission by registered mail to do so. The commission may extend
this time limit by an additional fifteen (15) days. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989,
SEC.35.
IC 7.1-2-4-11 Ad interim appointments
Sec. 11. Ad Interim Appointments. The commission shall have the
power to make an ad interim appointment to a local board if the
required appointment is not made within the applicable time limit.
An ad interim appointee shall have full power to act as a member of
the local board for a period of sixty (60) days and as much longer as
is required to complete an investigation or questionnaire begun
during his temporary appointment. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-12 Commission appointments
Sec. 12. Commission Appointments. The commission shall have
the power to make an appointment to a local board if the required
appointment is not made within one hundred (100) days following
the mailing of the first notice requesting that the appointment be
made. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13 Terms of office
Sec. 13. Terms of Office. The term of office of an appointed
member, other than an ad interim appointee, shall be for one (1) year
from the date of his appointment and until his successor is appointed
and qualified. The designated representative of the commission shall
not have any specific term on any particular local board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-13.5 Training of members
Sec. 13.5. (a) This section does not apply to a designated member
of the local board who is an employee or officer of the commission.
(b) A local board member shall complete a training program
conducted by the commission. A local board member may not be
required to take a test or an examination or pay a fee in order to
complete the training program.
(c) The training program must include training on all the
following subjects:
(1) An overview of Indiana alcoholic beverage law and
enforcement.
(2) Duties and responsibilities of the board concerning new
permit applications, permit transfers, and renewal of existing
permits.
(3) The open door law (IC 5-14-1.5) and the public records law
(IC 5-14-3).
(4) Notice and hearing requirements.
(5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program not
more than one hundred eighty (180) days after the member is
appointed to the board. A local board member who does not
complete the training program within the time allowed by this
subsection shall be removed from the board under section 21 of this
chapter. As added by P.L.94-2008, SEC.6.
IC 7.1-2-4-14 Local board organization
Sec. 14. Local Board Organization. A local board shall meet and
organize immediately following the appointment of its members. The
local board shall elect one (1) of its members to serve as president.
The president shall preside at the meetings of the board and shall
sign the minutes of meetings. The local board also shall elect one (1)
of its members to serve as secretary. The secretary shall keep the
minutes of meetings and other records, attest the signature of the
president and perform other duties assigned to him by the board. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-15 Meetings
Sec. 15. Meetings. Meetings of the local board shall be held in the
office of the clerk of the circuit court, or at another place provided by
the board of county commissioners. It shall be the duty of a member
to attend the meetings of his board and to discharge the duties of his
office. Any member of a local board may administer oaths. A
meeting of a local board called for the purpose of a public
investigation of an application for a permit may be continued from
day to day, or adjourned until a later meeting of the local board in the
discretion of the designated representative of the commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-16 Quorum and voting
Sec. 16. Quorum and Voting. Three (3) members of a local board
shall constitute a quorum for the transaction of business. A local
board may take action only upon the affirmative votes of at least
three (3) of its members. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-17 Compensation
Sec. 17. Compensation. As compensation for services, an
appointed member of a local board shall receive an annual salary in
the amount of two hundred forty dollars ($240), from the state, paid
in twelve (12) equal, monthly installments. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-18 Additional compensation
Sec. 18. Additional Compensation. An appointed member of a
local board shall receive, in addition to the annual salary,
compensation from the state at the rate of three dollars ($3.00), for
each application on which he is required to, and does, investigate and
report. The additional compensation shall be paid within sixty (60)
days after the required questionnaire has been completed in due
form, signed by the member, and delivered to the commission in
duplicate. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-19 Mileage
Sec. 19. An appointed member of a local board shall receive
mileage at the same rate per mile as is provided for state employees
in the state travel policies and procedures established by the
department of administration and approved by the state budget
agency for each mile, in excess of two (2) miles per day, traveled by
him in necessary attendance at the meetings of the local board. The
claim for mileage shall be certified by the member and filed with the
commission. The claim for mileage shall be paid by the state at the
expiration of sixty (60) days after the questionnaire covering an
application investigated at the meeting of the local board in respect
to which the mileage is claimed has been filled out and signed by the
member. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.3.
IC 7.1-2-4-20 Oath of office
Sec. 20. Oath of Office. An appointed member of a local board
shall execute an oath of office in duplicate. One (1) copy of the oath
shall be filed in the office of the clerk of the circuit court of the
judicial circuit in which the local board sits. The other copy shall be
filed with the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-4-21 Removal from office
Sec. 21. Removal from Office. An appointed member of a local
board may be removed from office only for good cause. The
commission shall give the member a written copy of the charges
against him and shall fix the time, which shall not be less than five
(5) days thereafter, when the member may appear before the
commission and show cause why he should not be removed. The
commission shall establish procedures for the removal of an
appointed member of a local board. The findings and determinations
of the commission in respect to a removal shall be final. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-2-4-22 Oral comments at meetings
Sec. 22. (a) A local board shall allow all individuals attending a
public local board meeting or hearing to make oral comments at the
meeting or hearing regarding the subject of the meeting or hearing.
However, a local board may set a reasonable limit on the amount of
time allowed to each individual to provide oral comment.
(b) A local board may give greater weight to oral comments
provided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for which
a permit is requested. As added by P.L.94-2008, SEC.7.
