IC 7.1-3-24
Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees
IC 7.1-3-24-1 General rule
Sec. 1. General Rule. The holder of a permit of any type may not
sell, assign or transfer that permit to another person except as
expressly authorized by this title. The holder of a permit of any type
may not transfer that permit from one (1) location to another unless
authorized in special instances to be fixed by rule or regulation of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-2 Ordinary transfers authorized
Sec. 2. Ordinary Transfers Authorized. The transfer of a permit
from one (1) holder to another holder, or from one (1) location to
another location, may be made if the permit has at least three (3)
months of unexpired term remaining. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-3 Ordinary transfers; restrictions
Sec. 3. A transfer authorized by section 2 of this chapter is subject
to the following restrictions:
(1) It shall be made upon the terms and under the rules and
regulations that the commission may prescribe.
(2) The application for the transfer shall conform in respect to
notice and publication and investigation before the local board
as in the case of an original application for a permit.
(3) It shall be subject to the advance payment of the advance
cost fee under IC 7.1-4-4.1-6. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.41.
IC 7.1-3-24-4 Posting of bond
Sec. 4. Posting of Bond. The chairman shall require bond to be
furnished in the case of the sale, assignment, or transfer of a permit
if bond is required to be furnished in the case of an original
application for that particular type of permit. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-5 Deceased permittee
Sec. 5. Deceased Permittee. A duly appointed and qualified
administrator or executor of the estate of a deceased permittee, may,
with the approval of the court, continue the business conducted by
the deceased permittee under the permit held by him if the
administrator or executor, either himself or by an agent, also to be
approved by the court, applies for and obtains the written consent of
the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-6 Qualifications of successors
Sec. 6. Qualifications of Successors. The administrator or
executor, or agent, must have the same qualifications to hold the
permit of the deceased permittee that this title otherwise requires of
an applicant for that particular type of permit. That the administrator,
executor, or agent has these qualifications shall be established by a
finding of the court having jurisdiction and a copy of these findings
shall accompany the application for the written consent of the
chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-7 Surviving spouse or heir
Sec. 7. Surviving Spouse or Heir. The surviving spouse or heir of
a deceased permittee may be permitted to continue the business
conducted by the deceased permittee, without probate proceedings,
if the consent of the department of local government finance is
procured, and if the court having probate jurisdiction shall find that
the surviving spouse or heir of the deceased permittee possesses the
qualifications required of an applicant for that particular type of
permit. A surviving spouse or heir who desires to carry on the
business of the deceased permittee, as authorized by this section,
must apply for and receive the written consent of the chairman. A
copy of the court's findings on the qualifications of the applicant
must accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.90-2002,
SEC.308.
IC 7.1-3-24-8 Bankrupt permittee
Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy of
the business or property of a permittee, acting under the jurisdiction
of a court of record of this state, or a United States court, may
continue the business conducted by the permittee, with the approval
of the court having jurisdiction, by applying for and receiving the
written consent of the chairman and if he is otherwise duly qualified
to hold the permit as if he were himself applying for it. The
qualifications of the applicant may be established by a finding of the
court having jurisdiction. A copy of the court's findings on the
qualifications shall accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-9 No local board proceedings in certain cases
Sec. 9. No Local Board Proceedings in Certain Cases. A
proceeding before the local board, an advertisement, or a hearing
shall not be necessary in a transfer authorized by IC 1971,
7.1-3-24-5, 7.1-3-24-7, or 7.1-3-24-8. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-10 Reissuance of permits
Sec. 10. Reissuance of Permits. A permit held by a deceased or
bankrupt permittee may be reissued as other permits are authorized
in this title to be reissued if the permit is not transferred by sale or
otherwise with the consent of the chairman before its expiration. The
reissuance shall be made only upon the approval of the court having
jurisdiction of the trust of the applicant if the reissuance is to be
made to an administrator, executor, or his agent, or a receiver or
trustee in bankruptcy. A sale or assignment of the permit shall first
be approved by the court, and only to a person qualified to hold it
under this title. Before the transfer shall legally entitle the purchaser
or assignee to operate under it, the applicant must show the chairman
that he is duly competent and qualified, the same as though he were
the original applicant for it. If the applicant is duly competent and
qualified the chairman may approve the sale or transfer and the
commission may issue a permit to the purchaser or assignee. The
commission shall not reissue a permit to any premises other than
those to which the permit was applicable when held by the decedent
or bankrupt. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-11 Surrender of permits
Sec. 11. The administrator or executor of the estate of a deceased
permittee may surrender the permit to the commission and it shall be
canceled. No part of the fee for the permit shall be refunded. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.42.
IC 7.1-3-24-12 Permittee of mentally incompetent
Sec. 12. The provisions of this chapter relating to the sale or
transfer of a permit belonging to a deceased permittee apply in the
case of the appointment of a guardian for a mentally incompetent
person. A permit belonging to a mentally incompetent person may be
disposed of and transferred in the same manner and to the same
extent as that provided in the case of a deceased permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.33-1989,
SEC.6.
IC 7.1-3-24
Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees
IC 7.1-3-24-1 General rule
Sec. 1. General Rule. The holder of a permit of any type may not
sell, assign or transfer that permit to another person except as
expressly authorized by this title. The holder of a permit of any type
may not transfer that permit from one (1) location to another unless
authorized in special instances to be fixed by rule or regulation of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-2 Ordinary transfers authorized
Sec. 2. Ordinary Transfers Authorized. The transfer of a permit
from one (1) holder to another holder, or from one (1) location to
another location, may be made if the permit has at least three (3)
months of unexpired term remaining. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-3 Ordinary transfers; restrictions
Sec. 3. A transfer authorized by section 2 of this chapter is subject
to the following restrictions:
(1) It shall be made upon the terms and under the rules and
regulations that the commission may prescribe.
(2) The application for the transfer shall conform in respect to
notice and publication and investigation before the local board
as in the case of an original application for a permit.
(3) It shall be subject to the advance payment of the advance
cost fee under IC 7.1-4-4.1-6. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.41.
IC 7.1-3-24-4 Posting of bond
Sec. 4. Posting of Bond. The chairman shall require bond to be
furnished in the case of the sale, assignment, or transfer of a permit
if bond is required to be furnished in the case of an original
application for that particular type of permit. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-5 Deceased permittee
Sec. 5. Deceased Permittee. A duly appointed and qualified
administrator or executor of the estate of a deceased permittee, may,
with the approval of the court, continue the business conducted by
the deceased permittee under the permit held by him if the
administrator or executor, either himself or by an agent, also to be
approved by the court, applies for and obtains the written consent of
the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-6 Qualifications of successors
Sec. 6. Qualifications of Successors. The administrator or
executor, or agent, must have the same qualifications to hold the
permit of the deceased permittee that this title otherwise requires of
an applicant for that particular type of permit. That the administrator,
executor, or agent has these qualifications shall be established by a
finding of the court having jurisdiction and a copy of these findings
shall accompany the application for the written consent of the
chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-7 Surviving spouse or heir
Sec. 7. Surviving Spouse or Heir. The surviving spouse or heir of
a deceased permittee may be permitted to continue the business
conducted by the deceased permittee, without probate proceedings,
if the consent of the department of local government finance is
procured, and if the court having probate jurisdiction shall find that
the surviving spouse or heir of the deceased permittee possesses the
qualifications required of an applicant for that particular type of
permit. A surviving spouse or heir who desires to carry on the
business of the deceased permittee, as authorized by this section,
must apply for and receive the written consent of the chairman. A
copy of the court's findings on the qualifications of the applicant
must accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.90-2002,
SEC.308.
IC 7.1-3-24-8 Bankrupt permittee
Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy of
the business or property of a permittee, acting under the jurisdiction
of a court of record of this state, or a United States court, may
continue the business conducted by the permittee, with the approval
of the court having jurisdiction, by applying for and receiving the
written consent of the chairman and if he is otherwise duly qualified
to hold the permit as if he were himself applying for it. The
qualifications of the applicant may be established by a finding of the
court having jurisdiction. A copy of the court's findings on the
qualifications shall accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-9 No local board proceedings in certain cases
Sec. 9. No Local Board Proceedings in Certain Cases. A
proceeding before the local board, an advertisement, or a hearing
shall not be necessary in a transfer authorized by IC 1971,
7.1-3-24-5, 7.1-3-24-7, or 7.1-3-24-8. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-10 Reissuance of permits
Sec. 10. Reissuance of Permits. A permit held by a deceased or
bankrupt permittee may be reissued as other permits are authorized
in this title to be reissued if the permit is not transferred by sale or
otherwise with the consent of the chairman before its expiration. The
reissuance shall be made only upon the approval of the court having
jurisdiction of the trust of the applicant if the reissuance is to be
made to an administrator, executor, or his agent, or a receiver or
trustee in bankruptcy. A sale or assignment of the permit shall first
be approved by the court, and only to a person qualified to hold it
under this title. Before the transfer shall legally entitle the purchaser
or assignee to operate under it, the applicant must show the chairman
that he is duly competent and qualified, the same as though he were
the original applicant for it. If the applicant is duly competent and
qualified the chairman may approve the sale or transfer and the
commission may issue a permit to the purchaser or assignee. The
commission shall not reissue a permit to any premises other than
those to which the permit was applicable when held by the decedent
or bankrupt. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-11 Surrender of permits
Sec. 11. The administrator or executor of the estate of a deceased
permittee may surrender the permit to the commission and it shall be
canceled. No part of the fee for the permit shall be refunded. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.42.
IC 7.1-3-24-12 Permittee of mentally incompetent
Sec. 12. The provisions of this chapter relating to the sale or
transfer of a permit belonging to a deceased permittee apply in the
case of the appointment of a guardian for a mentally incompetent
person. A permit belonging to a mentally incompetent person may be
disposed of and transferred in the same manner and to the same
extent as that provided in the case of a deceased permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.33-1989,
SEC.6.
IC 7.1-3-24
Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees
IC 7.1-3-24-1 General rule
Sec. 1. General Rule. The holder of a permit of any type may not
sell, assign or transfer that permit to another person except as
expressly authorized by this title. The holder of a permit of any type
may not transfer that permit from one (1) location to another unless
authorized in special instances to be fixed by rule or regulation of the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-2 Ordinary transfers authorized
Sec. 2. Ordinary Transfers Authorized. The transfer of a permit
from one (1) holder to another holder, or from one (1) location to
another location, may be made if the permit has at least three (3)
months of unexpired term remaining. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-3 Ordinary transfers; restrictions
Sec. 3. A transfer authorized by section 2 of this chapter is subject
to the following restrictions:
(1) It shall be made upon the terms and under the rules and
regulations that the commission may prescribe.
(2) The application for the transfer shall conform in respect to
notice and publication and investigation before the local board
as in the case of an original application for a permit.
(3) It shall be subject to the advance payment of the advance
cost fee under IC 7.1-4-4.1-6. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.41.
IC 7.1-3-24-4 Posting of bond
Sec. 4. Posting of Bond. The chairman shall require bond to be
furnished in the case of the sale, assignment, or transfer of a permit
if bond is required to be furnished in the case of an original
application for that particular type of permit. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-5 Deceased permittee
Sec. 5. Deceased Permittee. A duly appointed and qualified
administrator or executor of the estate of a deceased permittee, may,
with the approval of the court, continue the business conducted by
the deceased permittee under the permit held by him if the
administrator or executor, either himself or by an agent, also to be
approved by the court, applies for and obtains the written consent of
the chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-6 Qualifications of successors
Sec. 6. Qualifications of Successors. The administrator or
executor, or agent, must have the same qualifications to hold the
permit of the deceased permittee that this title otherwise requires of
an applicant for that particular type of permit. That the administrator,
executor, or agent has these qualifications shall be established by a
finding of the court having jurisdiction and a copy of these findings
shall accompany the application for the written consent of the
chairman. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-7 Surviving spouse or heir
Sec. 7. Surviving Spouse or Heir. The surviving spouse or heir of
a deceased permittee may be permitted to continue the business
conducted by the deceased permittee, without probate proceedings,
if the consent of the department of local government finance is
procured, and if the court having probate jurisdiction shall find that
the surviving spouse or heir of the deceased permittee possesses the
qualifications required of an applicant for that particular type of
permit. A surviving spouse or heir who desires to carry on the
business of the deceased permittee, as authorized by this section,
must apply for and receive the written consent of the chairman. A
copy of the court's findings on the qualifications of the applicant
must accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.90-2002,
SEC.308.
IC 7.1-3-24-8 Bankrupt permittee
Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy of
the business or property of a permittee, acting under the jurisdiction
of a court of record of this state, or a United States court, may
continue the business conducted by the permittee, with the approval
of the court having jurisdiction, by applying for and receiving the
written consent of the chairman and if he is otherwise duly qualified
to hold the permit as if he were himself applying for it. The
qualifications of the applicant may be established by a finding of the
court having jurisdiction. A copy of the court's findings on the
qualifications shall accompany the application for written consent. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-9 No local board proceedings in certain cases
Sec. 9. No Local Board Proceedings in Certain Cases. A
proceeding before the local board, an advertisement, or a hearing
shall not be necessary in a transfer authorized by IC 1971,
7.1-3-24-5, 7.1-3-24-7, or 7.1-3-24-8. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-10 Reissuance of permits
Sec. 10. Reissuance of Permits. A permit held by a deceased or
bankrupt permittee may be reissued as other permits are authorized
in this title to be reissued if the permit is not transferred by sale or
otherwise with the consent of the chairman before its expiration. The
reissuance shall be made only upon the approval of the court having
jurisdiction of the trust of the applicant if the reissuance is to be
made to an administrator, executor, or his agent, or a receiver or
trustee in bankruptcy. A sale or assignment of the permit shall first
be approved by the court, and only to a person qualified to hold it
under this title. Before the transfer shall legally entitle the purchaser
or assignee to operate under it, the applicant must show the chairman
that he is duly competent and qualified, the same as though he were
the original applicant for it. If the applicant is duly competent and
qualified the chairman may approve the sale or transfer and the
commission may issue a permit to the purchaser or assignee. The
commission shall not reissue a permit to any premises other than
those to which the permit was applicable when held by the decedent
or bankrupt. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-24-11 Surrender of permits
Sec. 11. The administrator or executor of the estate of a deceased
permittee may surrender the permit to the commission and it shall be
canceled. No part of the fee for the permit shall be refunded. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.42.
IC 7.1-3-24-12 Permittee of mentally incompetent
Sec. 12. The provisions of this chapter relating to the sale or
transfer of a permit belonging to a deceased permittee apply in the
case of the appointment of a guardian for a mentally incompetent
person. A permit belonging to a mentally incompetent person may be
disposed of and transferred in the same manner and to the same
extent as that provided in the case of a deceased permittee. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.33-1989,
SEC.6.
