IC 7.1-3-22
Chapter 22. Quotas on Issuance of Permits
IC 7.1-3-22-1 Brewers' permits limited
Sec. 1. (a) This section applies to a brewer that manufactures
more than twenty thousand (20,000) barrels of beer in a calendar
year.
(b) The commission may issue and have outstanding only one (1)
brewer's permit for each unit of population of this state of one
hundred and seventy-five thousand (175,000) or major fraction
thereof. The commission, however, shall not issue more than four (4)
brewer's permits in the same congressional district. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.88-1993,
SEC.3.
IC 7.1-3-22-2 Beer wholesalers' permits limited
Sec. 2. Beer Wholesalers' Permits Limited. The commission may
issue only one (1) beer wholesaler's permit in each county in this
state. The commission may issue additional beer wholesaler's permits
on the basis of one (1) additional permit for each thirty-five thousand
(35,000) unit of population, or fraction thereof, in a county whose
population exceeds thirty-five thousand (35,000). This section shall
not affect the right of renewal, or successive renewals, of a permit in
a county in which the quota is now exceeded. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-3 Retailers' permits limited
Sec. 3. (a) The commission may grant only one (1) three-way
permit, one (1) two-way permit, and one (1) one-way permit in an
incorporated city or town or in an unincorporated town for each one
thousand five hundred (1,500) persons, or fraction thereof, residing
within the incorporated city or town or the unincorporated town. The
commission shall include liquor retailer permits issued to clubs, but
not those issued to fraternal clubs, in its quota computation when it
is considering an application for a new liquor retailer's permit.
(b) This subsection applies when a city or town annexes into the
city or town unincorporated territory where a retailer's permit has
been granted before the annexation. The commission may only
reclassify a retailer's permit for a premises in the former
unincorporated territory as a permit for a premises in an incorporated
city or town if the permittee has actually conducted a business of
selling alcoholic beverages to customers for consumption on the
licensed premises for two (2) consecutive years. The period of two
(2) consecutive years may begin to run either before or after the
annexation occurs. However, the following apply when a person
applies for a retailer's permit after notice of an annexation hearing is
made under IC 36-4-3-2.1 and before the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit
for a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.245-2001,
SEC.1.
IC 7.1-3-22-4 Dealers' permits limited
Sec. 4. (a) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) beer dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) beer dealer's permits;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) beer dealer's permit for each three thousand five
hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) beer dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) beer dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) beer dealer's permits;
whichever is greater, within the incorporated city or town.
(b) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) liquor dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) liquor dealer's permit;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) liquor dealer's permit for each three thousand
five hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) liquor dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) liquor dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) liquor dealer's permits;
whichever is greater, within the incorporated city or town.
(c) The commission may grant in an area in the county outside an
incorporated city or town:
(1) one (1) beer dealer's permit for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) beer
dealer's permits, whichever is greater; and
(2) one (1) liquor dealer's permits for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) liquor
dealer's permits, whichever is greater;
within the area in a county outside an incorporated city or town.
(d) Notwithstanding subsections (a), (b), and (c), the commission
may renew or transfer a beer dealer's or liquor dealer's permit for a
beer dealer or liquor dealer that:
(1) held a permit before July 1, 2008; and
(2) does not qualify for a permit under the quota restrictions set
forth in subsection (a), (b), or (c).
(e) Notwithstanding subsection (a) or (c), the commission may
grant not more than two (2) new beer dealer's permits or five percent
(5%) of the total beer dealer permits established under the quota
restrictions set forth in subsection (a) or (c), whichever is greater, for
each of the following:
(1) An incorporated city or town that does not qualify for any
new beer dealer's permits under the quota restrictions set forth
in subsection (a).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new beer dealer's permits under the
quota restrictions set forth in subsection (c).
(f) Notwithstanding subsection (b) or (c), the commission may
grant not more than two (2) new liquor dealer's permits or five
percent (5%) of the total liquor dealer permits established under the
quota restrictions set forth in subsection (b) or (c), whichever is
greater, for each of the following:
(1) An incorporated city or town that does not qualify for any
new liquor dealer's permits under the quota restrictions set forth
in subsection (b).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new liquor dealer's permits under the
quota restrictions set forth in subsection (c). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,
SEC.46.
IC 7.1-3-22-5 Package liquor store dealer's permit; renewal
Sec. 5. (a) The commission may issue only one (1) package liquor
store dealer's permit in an incorporated city or town for each eight
thousand (8,000) persons, or fraction thereof, within the incorporated
city or town.
(b) Notwithstanding subsection (a), the commission may renew a
package liquor store dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) does not qualify for a permit under the quota requirements
of subsection (a). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.74-1997,
SEC.2.
IC 7.1-3-22-6 Hotels excluded from quota
Sec. 6. Hotels Excluded from Quota. A three-way permit,
heretofore or hereafter, issued to a permittee whose licensed
premises consist of a hotel and which premises are located within an
incorporated city or town, shall not be included in the quota of
three-way permits that may be issued lawfully to premises located
within one (1) incorporated city, town, or unincorporated town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-7 Existing permits unaffected
Sec. 7. Existing Permits Unaffected. The provisions of IC 1971,
7.1-3-22-3.7.1-3-22-5, shall apply only to applications for new
permits and they shall not affect existing permits and transfers of
them, whether from person to person or location to location, nor shall
they effect any of the limitations, rights and privileges reserved to
package liquor store dealers, or special types or kinds of retailer's
permits, nor the restrictions on the issuance of permits to premises
situated outside an incorporated city or town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-8 Quota determination; restrictions; permissible geographic location
Sec. 8. In making quota determinations under this article, the
population of a consolidated city is the population of its fire special
service district, except to the extent that the case of Indiana
Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118,
286 N.E.2d 174, has determined otherwise. However, the number of
liquor dealer's permits issued to proprietors of package liquor stores
located in the fire special service district may not exceed the number
issued as of January 1, 1977. For purposes of this article relating to
the permissible geographic location of package liquor store dealer
permit holders, the area of a consolidated city is the area of the entire
county. As added by Acts 1980, P.L.8, SEC.66.
IC 7.1-3-22-9 Bidding for permits; fees; rules
Sec. 9. (a) This section applies to any permit that is subject to the
quota provisions of this chapter unless that permit is obtained by
sale, assignment, or transfer under IC 7.1-3-24.
(b) Whenever a permit to which this chapter applies becomes
available, the commission shall offer an opportunity to bid for that
permit to all persons who are qualified to receive that permit and
who have indicated a desire to obtain that permit. The commission
shall receive bids at an auction that it conducts. The highest bidder
at the commission's auction who is qualified to receive the permit in
all respects (including a determination by the local board that the
person is of good moral character and good repute in the community
in which that person resides) is entitled to receive the permit. This
bidder shall pay the amount of the bid at the time the permit is issued
as a special fee for initial issuance of the permit.
(c) The special fee for initial issuance of a permit that is
prescribed by this section is in addition to any other fees imposed by
this title.
(d) All fee revenues collected under this section are subject to
IC 7.1-4-7-4.
(e) The commission shall adopt rules under IC 4-22-2 to
implement this section. As added by P.L.32-1988, SEC.2.
IC 7.1-3-22-10 City or town purchasing permit issued in excess of quota; return
and retirement of permit
Sec. 10. (a) This section applies to a permit subject to a quota
under this article that:
(1) exceeds the permissible number of permits under the quota;
and
(2) is eligible for renewal by law despite the permit exceeding
the quota.
(b) A city or town may purchase a permit described in subsection
(a) from the permit holder. The purchase price must be agreed to by:
(1) the permit holder; and
(2) the executive (as defined in IC 36-1-2-5) of the respective
city or town, with the approval of the legislative body (as
defined in IC 36-1-2-9) of the respective city or town.
(c) The executive of a city or town that purchases a permit under
subsection (b) shall return the permit to the commission.
(d) The commission shall retire a permit received under
subsection (c) and may not issue to another person a permit received
under subsection (c). As added by P.L.66-1998, SEC.1.
IC 7.1-3-22
Chapter 22. Quotas on Issuance of Permits
IC 7.1-3-22-1 Brewers' permits limited
Sec. 1. (a) This section applies to a brewer that manufactures
more than twenty thousand (20,000) barrels of beer in a calendar
year.
(b) The commission may issue and have outstanding only one (1)
brewer's permit for each unit of population of this state of one
hundred and seventy-five thousand (175,000) or major fraction
thereof. The commission, however, shall not issue more than four (4)
brewer's permits in the same congressional district. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.88-1993,
SEC.3.
IC 7.1-3-22-2 Beer wholesalers' permits limited
Sec. 2. Beer Wholesalers' Permits Limited. The commission may
issue only one (1) beer wholesaler's permit in each county in this
state. The commission may issue additional beer wholesaler's permits
on the basis of one (1) additional permit for each thirty-five thousand
(35,000) unit of population, or fraction thereof, in a county whose
population exceeds thirty-five thousand (35,000). This section shall
not affect the right of renewal, or successive renewals, of a permit in
a county in which the quota is now exceeded. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-3 Retailers' permits limited
Sec. 3. (a) The commission may grant only one (1) three-way
permit, one (1) two-way permit, and one (1) one-way permit in an
incorporated city or town or in an unincorporated town for each one
thousand five hundred (1,500) persons, or fraction thereof, residing
within the incorporated city or town or the unincorporated town. The
commission shall include liquor retailer permits issued to clubs, but
not those issued to fraternal clubs, in its quota computation when it
is considering an application for a new liquor retailer's permit.
(b) This subsection applies when a city or town annexes into the
city or town unincorporated territory where a retailer's permit has
been granted before the annexation. The commission may only
reclassify a retailer's permit for a premises in the former
unincorporated territory as a permit for a premises in an incorporated
city or town if the permittee has actually conducted a business of
selling alcoholic beverages to customers for consumption on the
licensed premises for two (2) consecutive years. The period of two
(2) consecutive years may begin to run either before or after the
annexation occurs. However, the following apply when a person
applies for a retailer's permit after notice of an annexation hearing is
made under IC 36-4-3-2.1 and before the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit
for a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.245-2001,
SEC.1.
IC 7.1-3-22-4 Dealers' permits limited
Sec. 4. (a) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) beer dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) beer dealer's permits;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) beer dealer's permit for each three thousand five
hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) beer dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) beer dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) beer dealer's permits;
whichever is greater, within the incorporated city or town.
(b) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) liquor dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) liquor dealer's permit;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) liquor dealer's permit for each three thousand
five hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) liquor dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) liquor dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) liquor dealer's permits;
whichever is greater, within the incorporated city or town.
(c) The commission may grant in an area in the county outside an
incorporated city or town:
(1) one (1) beer dealer's permit for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) beer
dealer's permits, whichever is greater; and
(2) one (1) liquor dealer's permits for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) liquor
dealer's permits, whichever is greater;
within the area in a county outside an incorporated city or town.
(d) Notwithstanding subsections (a), (b), and (c), the commission
may renew or transfer a beer dealer's or liquor dealer's permit for a
beer dealer or liquor dealer that:
(1) held a permit before July 1, 2008; and
(2) does not qualify for a permit under the quota restrictions set
forth in subsection (a), (b), or (c).
(e) Notwithstanding subsection (a) or (c), the commission may
grant not more than two (2) new beer dealer's permits or five percent
(5%) of the total beer dealer permits established under the quota
restrictions set forth in subsection (a) or (c), whichever is greater, for
each of the following:
(1) An incorporated city or town that does not qualify for any
new beer dealer's permits under the quota restrictions set forth
in subsection (a).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new beer dealer's permits under the
quota restrictions set forth in subsection (c).
(f) Notwithstanding subsection (b) or (c), the commission may
grant not more than two (2) new liquor dealer's permits or five
percent (5%) of the total liquor dealer permits established under the
quota restrictions set forth in subsection (b) or (c), whichever is
greater, for each of the following:
(1) An incorporated city or town that does not qualify for any
new liquor dealer's permits under the quota restrictions set forth
in subsection (b).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new liquor dealer's permits under the
quota restrictions set forth in subsection (c). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,
SEC.46.
IC 7.1-3-22-5 Package liquor store dealer's permit; renewal
Sec. 5. (a) The commission may issue only one (1) package liquor
store dealer's permit in an incorporated city or town for each eight
thousand (8,000) persons, or fraction thereof, within the incorporated
city or town.
(b) Notwithstanding subsection (a), the commission may renew a
package liquor store dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) does not qualify for a permit under the quota requirements
of subsection (a). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.74-1997,
SEC.2.
IC 7.1-3-22-6 Hotels excluded from quota
Sec. 6. Hotels Excluded from Quota. A three-way permit,
heretofore or hereafter, issued to a permittee whose licensed
premises consist of a hotel and which premises are located within an
incorporated city or town, shall not be included in the quota of
three-way permits that may be issued lawfully to premises located
within one (1) incorporated city, town, or unincorporated town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-7 Existing permits unaffected
Sec. 7. Existing Permits Unaffected. The provisions of IC 1971,
7.1-3-22-3.7.1-3-22-5, shall apply only to applications for new
permits and they shall not affect existing permits and transfers of
them, whether from person to person or location to location, nor shall
they effect any of the limitations, rights and privileges reserved to
package liquor store dealers, or special types or kinds of retailer's
permits, nor the restrictions on the issuance of permits to premises
situated outside an incorporated city or town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-8 Quota determination; restrictions; permissible geographic location
Sec. 8. In making quota determinations under this article, the
population of a consolidated city is the population of its fire special
service district, except to the extent that the case of Indiana
Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118,
286 N.E.2d 174, has determined otherwise. However, the number of
liquor dealer's permits issued to proprietors of package liquor stores
located in the fire special service district may not exceed the number
issued as of January 1, 1977. For purposes of this article relating to
the permissible geographic location of package liquor store dealer
permit holders, the area of a consolidated city is the area of the entire
county. As added by Acts 1980, P.L.8, SEC.66.
IC 7.1-3-22-9 Bidding for permits; fees; rules
Sec. 9. (a) This section applies to any permit that is subject to the
quota provisions of this chapter unless that permit is obtained by
sale, assignment, or transfer under IC 7.1-3-24.
(b) Whenever a permit to which this chapter applies becomes
available, the commission shall offer an opportunity to bid for that
permit to all persons who are qualified to receive that permit and
who have indicated a desire to obtain that permit. The commission
shall receive bids at an auction that it conducts. The highest bidder
at the commission's auction who is qualified to receive the permit in
all respects (including a determination by the local board that the
person is of good moral character and good repute in the community
in which that person resides) is entitled to receive the permit. This
bidder shall pay the amount of the bid at the time the permit is issued
as a special fee for initial issuance of the permit.
(c) The special fee for initial issuance of a permit that is
prescribed by this section is in addition to any other fees imposed by
this title.
(d) All fee revenues collected under this section are subject to
IC 7.1-4-7-4.
(e) The commission shall adopt rules under IC 4-22-2 to
implement this section. As added by P.L.32-1988, SEC.2.
IC 7.1-3-22-10 City or town purchasing permit issued in excess of quota; return
and retirement of permit
Sec. 10. (a) This section applies to a permit subject to a quota
under this article that:
(1) exceeds the permissible number of permits under the quota;
and
(2) is eligible for renewal by law despite the permit exceeding
the quota.
(b) A city or town may purchase a permit described in subsection
(a) from the permit holder. The purchase price must be agreed to by:
(1) the permit holder; and
(2) the executive (as defined in IC 36-1-2-5) of the respective
city or town, with the approval of the legislative body (as
defined in IC 36-1-2-9) of the respective city or town.
(c) The executive of a city or town that purchases a permit under
subsection (b) shall return the permit to the commission.
(d) The commission shall retire a permit received under
subsection (c) and may not issue to another person a permit received
under subsection (c). As added by P.L.66-1998, SEC.1.
IC 7.1-3-22
Chapter 22. Quotas on Issuance of Permits
IC 7.1-3-22-1 Brewers' permits limited
Sec. 1. (a) This section applies to a brewer that manufactures
more than twenty thousand (20,000) barrels of beer in a calendar
year.
(b) The commission may issue and have outstanding only one (1)
brewer's permit for each unit of population of this state of one
hundred and seventy-five thousand (175,000) or major fraction
thereof. The commission, however, shall not issue more than four (4)
brewer's permits in the same congressional district. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.88-1993,
SEC.3.
IC 7.1-3-22-2 Beer wholesalers' permits limited
Sec. 2. Beer Wholesalers' Permits Limited. The commission may
issue only one (1) beer wholesaler's permit in each county in this
state. The commission may issue additional beer wholesaler's permits
on the basis of one (1) additional permit for each thirty-five thousand
(35,000) unit of population, or fraction thereof, in a county whose
population exceeds thirty-five thousand (35,000). This section shall
not affect the right of renewal, or successive renewals, of a permit in
a county in which the quota is now exceeded. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-3 Retailers' permits limited
Sec. 3. (a) The commission may grant only one (1) three-way
permit, one (1) two-way permit, and one (1) one-way permit in an
incorporated city or town or in an unincorporated town for each one
thousand five hundred (1,500) persons, or fraction thereof, residing
within the incorporated city or town or the unincorporated town. The
commission shall include liquor retailer permits issued to clubs, but
not those issued to fraternal clubs, in its quota computation when it
is considering an application for a new liquor retailer's permit.
(b) This subsection applies when a city or town annexes into the
city or town unincorporated territory where a retailer's permit has
been granted before the annexation. The commission may only
reclassify a retailer's permit for a premises in the former
unincorporated territory as a permit for a premises in an incorporated
city or town if the permittee has actually conducted a business of
selling alcoholic beverages to customers for consumption on the
licensed premises for two (2) consecutive years. The period of two
(2) consecutive years may begin to run either before or after the
annexation occurs. However, the following apply when a person
applies for a retailer's permit after notice of an annexation hearing is
made under IC 36-4-3-2.1 and before the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit
for a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.245-2001,
SEC.1.
IC 7.1-3-22-4 Dealers' permits limited
Sec. 4. (a) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) beer dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) beer dealer's permits;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) beer dealer's permit for each three thousand five
hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) beer dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) beer dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) beer dealer's permits;
whichever is greater, within the incorporated city or town.
(b) The commission may grant:
(1) in an incorporated city or town that has a population of less
than fifteen thousand one (15,001):
(A) one (1) liquor dealer's permit for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) liquor dealer's permit;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of more
than fifteen thousand (15,000) but less than eighty thousand
(80,000):
(A) one (1) liquor dealer's permit for each three thousand
five hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) liquor dealer's permits;
whichever is greater, within the incorporated city or town; and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) liquor dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) liquor dealer's permits;
whichever is greater, within the incorporated city or town.
(c) The commission may grant in an area in the county outside an
incorporated city or town:
(1) one (1) beer dealer's permit for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) beer
dealer's permits, whichever is greater; and
(2) one (1) liquor dealer's permits for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) liquor
dealer's permits, whichever is greater;
within the area in a county outside an incorporated city or town.
(d) Notwithstanding subsections (a), (b), and (c), the commission
may renew or transfer a beer dealer's or liquor dealer's permit for a
beer dealer or liquor dealer that:
(1) held a permit before July 1, 2008; and
(2) does not qualify for a permit under the quota restrictions set
forth in subsection (a), (b), or (c).
(e) Notwithstanding subsection (a) or (c), the commission may
grant not more than two (2) new beer dealer's permits or five percent
(5%) of the total beer dealer permits established under the quota
restrictions set forth in subsection (a) or (c), whichever is greater, for
each of the following:
(1) An incorporated city or town that does not qualify for any
new beer dealer's permits under the quota restrictions set forth
in subsection (a).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new beer dealer's permits under the
quota restrictions set forth in subsection (c).
(f) Notwithstanding subsection (b) or (c), the commission may
grant not more than two (2) new liquor dealer's permits or five
percent (5%) of the total liquor dealer permits established under the
quota restrictions set forth in subsection (b) or (c), whichever is
greater, for each of the following:
(1) An incorporated city or town that does not qualify for any
new liquor dealer's permits under the quota restrictions set forth
in subsection (b).
(2) An area in a county outside an incorporated city or town that
does not qualify for any new liquor dealer's permits under the
quota restrictions set forth in subsection (c). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.94-2008,
SEC.46.
IC 7.1-3-22-5 Package liquor store dealer's permit; renewal
Sec. 5. (a) The commission may issue only one (1) package liquor
store dealer's permit in an incorporated city or town for each eight
thousand (8,000) persons, or fraction thereof, within the incorporated
city or town.
(b) Notwithstanding subsection (a), the commission may renew a
package liquor store dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) does not qualify for a permit under the quota requirements
of subsection (a). (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.74-1997,
SEC.2.
IC 7.1-3-22-6 Hotels excluded from quota
Sec. 6. Hotels Excluded from Quota. A three-way permit,
heretofore or hereafter, issued to a permittee whose licensed
premises consist of a hotel and which premises are located within an
incorporated city or town, shall not be included in the quota of
three-way permits that may be issued lawfully to premises located
within one (1) incorporated city, town, or unincorporated town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-7 Existing permits unaffected
Sec. 7. Existing Permits Unaffected. The provisions of IC 1971,
7.1-3-22-3.7.1-3-22-5, shall apply only to applications for new
permits and they shall not affect existing permits and transfers of
them, whether from person to person or location to location, nor shall
they effect any of the limitations, rights and privileges reserved to
package liquor store dealers, or special types or kinds of retailer's
permits, nor the restrictions on the issuance of permits to premises
situated outside an incorporated city or town. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-22-8 Quota determination; restrictions; permissible geographic location
Sec. 8. In making quota determinations under this article, the
population of a consolidated city is the population of its fire special
service district, except to the extent that the case of Indiana
Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118,
286 N.E.2d 174, has determined otherwise. However, the number of
liquor dealer's permits issued to proprietors of package liquor stores
located in the fire special service district may not exceed the number
issued as of January 1, 1977. For purposes of this article relating to
the permissible geographic location of package liquor store dealer
permit holders, the area of a consolidated city is the area of the entire
county. As added by Acts 1980, P.L.8, SEC.66.
IC 7.1-3-22-9 Bidding for permits; fees; rules
Sec. 9. (a) This section applies to any permit that is subject to the
quota provisions of this chapter unless that permit is obtained by
sale, assignment, or transfer under IC 7.1-3-24.
(b) Whenever a permit to which this chapter applies becomes
available, the commission shall offer an opportunity to bid for that
permit to all persons who are qualified to receive that permit and
who have indicated a desire to obtain that permit. The commission
shall receive bids at an auction that it conducts. The highest bidder
at the commission's auction who is qualified to receive the permit in
all respects (including a determination by the local board that the
person is of good moral character and good repute in the community
in which that person resides) is entitled to receive the permit. This
bidder shall pay the amount of the bid at the time the permit is issued
as a special fee for initial issuance of the permit.
(c) The special fee for initial issuance of a permit that is
prescribed by this section is in addition to any other fees imposed by
this title.
(d) All fee revenues collected under this section are subject to
IC 7.1-4-7-4.
(e) The commission shall adopt rules under IC 4-22-2 to
implement this section. As added by P.L.32-1988, SEC.2.
IC 7.1-3-22-10 City or town purchasing permit issued in excess of quota; return
and retirement of permit
Sec. 10. (a) This section applies to a permit subject to a quota
under this article that:
(1) exceeds the permissible number of permits under the quota;
and
(2) is eligible for renewal by law despite the permit exceeding
the quota.
(b) A city or town may purchase a permit described in subsection
(a) from the permit holder. The purchase price must be agreed to by:
(1) the permit holder; and
(2) the executive (as defined in IC 36-1-2-5) of the respective
city or town, with the approval of the legislative body (as
defined in IC 36-1-2-9) of the respective city or town.
(c) The executive of a city or town that purchases a permit under
subsection (b) shall return the permit to the commission.
(d) The commission shall retire a permit received under
subsection (c) and may not issue to another person a permit received
under subsection (c). As added by P.L.66-1998, SEC.1.
