IC 7.1-3-4-1 Application
Sec. 1. Application. The commission may issue a beer retailer's
permit to a person who desires to sell beer to customers for
consumption on the licensed premises and who meets the
qualifications provided by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-2 Special disqualifications
Sec. 2. (a) The commission shall not issue a beer retailer's permit,
except as otherwise authorized in this title and subject to the other
restrictions contained in this title, to the following persons:
(1) An alien.
(2) A person who:
(A) is not of good moral character and of good repute in the
community in which the person resides; or
(B) has been convicted within ten (10) years before the date
of application of:
(i) a federal crime having a sentence of at least one (1)
year;
(ii) an Indiana Class A, Class B, or Class C felony; or
(iii) a crime in a state other than Indiana having a penalty
equal to the penalty for an Indiana Class A, Class B, or
Class C felony.
(3) A person who does not own the premises to which the
permit will be applicable, or who does not have a bona fide
lease on the premises for the full period for which the permit is
to be issued.
(4) A law enforcement officer or an officer who is not an
elected officer of a municipal corporation, or governmental
subdivision, or of this state, charged with any duty or function
in the enforcement of this title.
(5) An officer or employee of a person engaged in the alcoholic
beverage traffic, which person is a nonresident of this state, or
is engaged in carrying on any phase of the manufacture of,
traffic in, or transportation of alcoholic beverages without a
permit under this title when a permit is required by this title.
(6) If the permit applicant does not hold a brewer's permit, a
person who leases from a person, or an officer or agent of that
person, who holds a brewer's permit or a beer wholesaler's
permit.
(7) If the permit applicant does not hold a brewer's permit, a
person who is indebted to a person who holds a brewer's permit
or a beer wholesaler's permit, or an officer or agent of that
person, for a debt secured by a lien, mortgage, or otherwise,
upon the premises for which the beer retailer's permit is to be
applicable, or upon any of the property or fixtures on the
premises, or used, or to be used in connection with the
premises.
(8) A person whose place of business is conducted by a
manager or agent, unless the manager or agent possesses the
same qualifications required for the issuance of a beer retailer's
permit to the person.
(9) A minor.
(10) A person non compos mentis.
(11) A person who has held a permit under this title and who
has had that permit revoked within one (1) year prior to the date
of application for a beer retailer's permit.
(12) A person who has made an application for a permit of any
type which has been denied less than one (1) year prior to the
person's application for a beer retailer's permit unless the first
application was denied by reason of a procedural or technical
defect.
(13) A person who is not the proprietor of a restaurant located
and being operated on the premises described in the application
for the beer retailer's permit, or of a hotel, or of a club, owning,
or leasing the premises as a part of it. The disqualification
contained in this subdivision shall not apply to the
qualifications for or affect the privileges to be accorded under
a beer dealer's permit or a dining car beer permit.
(b) Subsection (a)(9) does not prevent a minor from being a
stockholder in a corporation. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999,
SEC.14.
IC 7.1-3-4-3 Premises outside corporate limits
Sec. 3. Premises Outside Corporate Limits. (a) The commission
may issue a beer retailer's permit for premises situated outside the
corporate limits of an incorporated city or town if the premises are
within, or in immediate proximity to, an unincorporated town:
(1) which has been a settlement or a group of residences for
more than ten (10) years;
(2) to which the inhabitants of the surrounding countryside
resort for purchases or public meetings or as a community or
neighborhood center; and
(3) which has borne a name and has been known by that name
for more than ten (10) years.
(b) The county surveyor of the county in which the premises is
located shall certify the information set forth in subsection (a) to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.276-2001,
SEC.2. IC 7.1-3-4-4 Premises outside corporate limits; persons eligible
Sec. 4. Premises Outside Corporate Limits: Persons Eligible. The
commission may issue a beer retailer's permit as authorized by
IC 1971, 7.1-3-4-3, only to an applicant who is the proprietor of a
drug store, grocery store, confectionery, or of a store in good repute
which, in the judgment of the commission, deals in other
merchandise that is not incompatible with the sale of beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-5
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-3-4-6 Scope of permit
Sec. 6. (a) The holder of a beer retailer's permit shall be entitled
to purchase beer for sale under his permit only from a permittee
entitled to sell to him under this title. A beer retailer shall be entitled
to possess beer and sell it at retail to a customer for consumption on
the licensed premises. A beer retailer also shall be entitled to sell
beer to a customer and deliver it in permissible containers to the
customer on the licensed premises, or to the customer's house.
(b) A beer retailer shall not be entitled to sell beer at wholesale.
He shall not be entitled to sell and deliver beer on the street or at the
curb outside the licensed premises, nor shall he be entitled to sell
beer at a place other than the licensed premises. However, a beer
retailer may offer food service (excluding alcoholic beverages) to a
patron who is outside the licensed premises by transacting business
through a window in the licensed premises.
(c) A beer retailer shall be entitled to sell and deliver warm or
cold beer for carry out, or for at-home delivery, in barrels or other
commercial containers in a quantity that does not exceed fifteen and
one-half (15 1/2) gallons at any one (1) time. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.2; P.L.112-1987, SEC.5.
IC 7.1-3-4-7 Limitation of sales; fees; clubs; discrimination
Sec. 7. (a) Notwithstanding any other law, a beer retailer may
limit sales to the following:
(1) Persons that the retailer selects to have access to the
retailer's facilities and services in return for payment of an
annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A beer retailer may call the annual fee described in subsection
(a) a membership fee.
(c) A beer retailer may call the retailer's premises a club.
However, the premises is not a club within the meaning of
IC 7.1-3-20-1.
(d) This section does not allow a beer retailer to discriminate
among persons on the basis of race, sex, age, or religion when
selecting persons to have access to the retailer's facilities and
services. As added by P.L.73-1991, SEC.1.
IC 7.1-3-4-1 Application
Sec. 1. Application. The commission may issue a beer retailer's
permit to a person who desires to sell beer to customers for
consumption on the licensed premises and who meets the
qualifications provided by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-2 Special disqualifications
Sec. 2. (a) The commission shall not issue a beer retailer's permit,
except as otherwise authorized in this title and subject to the other
restrictions contained in this title, to the following persons:
(1) An alien.
(2) A person who:
(A) is not of good moral character and of good repute in the
community in which the person resides; or
(B) has been convicted within ten (10) years before the date
of application of:
(i) a federal crime having a sentence of at least one (1)
year;
(ii) an Indiana Class A, Class B, or Class C felony; or
(iii) a crime in a state other than Indiana having a penalty
equal to the penalty for an Indiana Class A, Class B, or
Class C felony.
(3) A person who does not own the premises to which the
permit will be applicable, or who does not have a bona fide
lease on the premises for the full period for which the permit is
to be issued.
(4) A law enforcement officer or an officer who is not an
elected officer of a municipal corporation, or governmental
subdivision, or of this state, charged with any duty or function
in the enforcement of this title.
(5) An officer or employee of a person engaged in the alcoholic
beverage traffic, which person is a nonresident of this state, or
is engaged in carrying on any phase of the manufacture of,
traffic in, or transportation of alcoholic beverages without a
permit under this title when a permit is required by this title.
(6) If the permit applicant does not hold a brewer's permit, a
person who leases from a person, or an officer or agent of that
person, who holds a brewer's permit or a beer wholesaler's
permit.
(7) If the permit applicant does not hold a brewer's permit, a
person who is indebted to a person who holds a brewer's permit
or a beer wholesaler's permit, or an officer or agent of that
person, for a debt secured by a lien, mortgage, or otherwise,
upon the premises for which the beer retailer's permit is to be
applicable, or upon any of the property or fixtures on the
premises, or used, or to be used in connection with the
premises.
(8) A person whose place of business is conducted by a
manager or agent, unless the manager or agent possesses the
same qualifications required for the issuance of a beer retailer's
permit to the person.
(9) A minor.
(10) A person non compos mentis.
(11) A person who has held a permit under this title and who
has had that permit revoked within one (1) year prior to the date
of application for a beer retailer's permit.
(12) A person who has made an application for a permit of any
type which has been denied less than one (1) year prior to the
person's application for a beer retailer's permit unless the first
application was denied by reason of a procedural or technical
defect.
(13) A person who is not the proprietor of a restaurant located
and being operated on the premises described in the application
for the beer retailer's permit, or of a hotel, or of a club, owning,
or leasing the premises as a part of it. The disqualification
contained in this subdivision shall not apply to the
qualifications for or affect the privileges to be accorded under
a beer dealer's permit or a dining car beer permit.
(b) Subsection (a)(9) does not prevent a minor from being a
stockholder in a corporation. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999,
SEC.14.
IC 7.1-3-4-3 Premises outside corporate limits
Sec. 3. Premises Outside Corporate Limits. (a) The commission
may issue a beer retailer's permit for premises situated outside the
corporate limits of an incorporated city or town if the premises are
within, or in immediate proximity to, an unincorporated town:
(1) which has been a settlement or a group of residences for
more than ten (10) years;
(2) to which the inhabitants of the surrounding countryside
resort for purchases or public meetings or as a community or
neighborhood center; and
(3) which has borne a name and has been known by that name
for more than ten (10) years.
(b) The county surveyor of the county in which the premises is
located shall certify the information set forth in subsection (a) to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.276-2001,
SEC.2. IC 7.1-3-4-4 Premises outside corporate limits; persons eligible
Sec. 4. Premises Outside Corporate Limits: Persons Eligible. The
commission may issue a beer retailer's permit as authorized by
IC 1971, 7.1-3-4-3, only to an applicant who is the proprietor of a
drug store, grocery store, confectionery, or of a store in good repute
which, in the judgment of the commission, deals in other
merchandise that is not incompatible with the sale of beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-5
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-3-4-6 Scope of permit
Sec. 6. (a) The holder of a beer retailer's permit shall be entitled
to purchase beer for sale under his permit only from a permittee
entitled to sell to him under this title. A beer retailer shall be entitled
to possess beer and sell it at retail to a customer for consumption on
the licensed premises. A beer retailer also shall be entitled to sell
beer to a customer and deliver it in permissible containers to the
customer on the licensed premises, or to the customer's house.
(b) A beer retailer shall not be entitled to sell beer at wholesale.
He shall not be entitled to sell and deliver beer on the street or at the
curb outside the licensed premises, nor shall he be entitled to sell
beer at a place other than the licensed premises. However, a beer
retailer may offer food service (excluding alcoholic beverages) to a
patron who is outside the licensed premises by transacting business
through a window in the licensed premises.
(c) A beer retailer shall be entitled to sell and deliver warm or
cold beer for carry out, or for at-home delivery, in barrels or other
commercial containers in a quantity that does not exceed fifteen and
one-half (15 1/2) gallons at any one (1) time. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.2; P.L.112-1987, SEC.5.
IC 7.1-3-4-7 Limitation of sales; fees; clubs; discrimination
Sec. 7. (a) Notwithstanding any other law, a beer retailer may
limit sales to the following:
(1) Persons that the retailer selects to have access to the
retailer's facilities and services in return for payment of an
annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A beer retailer may call the annual fee described in subsection
(a) a membership fee.
(c) A beer retailer may call the retailer's premises a club.
However, the premises is not a club within the meaning of
IC 7.1-3-20-1.
(d) This section does not allow a beer retailer to discriminate
among persons on the basis of race, sex, age, or religion when
selecting persons to have access to the retailer's facilities and
services. As added by P.L.73-1991, SEC.1.
IC 7.1-3-4-1 Application
Sec. 1. Application. The commission may issue a beer retailer's
permit to a person who desires to sell beer to customers for
consumption on the licensed premises and who meets the
qualifications provided by this title. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-2 Special disqualifications
Sec. 2. (a) The commission shall not issue a beer retailer's permit,
except as otherwise authorized in this title and subject to the other
restrictions contained in this title, to the following persons:
(1) An alien.
(2) A person who:
(A) is not of good moral character and of good repute in the
community in which the person resides; or
(B) has been convicted within ten (10) years before the date
of application of:
(i) a federal crime having a sentence of at least one (1)
year;
(ii) an Indiana Class A, Class B, or Class C felony; or
(iii) a crime in a state other than Indiana having a penalty
equal to the penalty for an Indiana Class A, Class B, or
Class C felony.
(3) A person who does not own the premises to which the
permit will be applicable, or who does not have a bona fide
lease on the premises for the full period for which the permit is
to be issued.
(4) A law enforcement officer or an officer who is not an
elected officer of a municipal corporation, or governmental
subdivision, or of this state, charged with any duty or function
in the enforcement of this title.
(5) An officer or employee of a person engaged in the alcoholic
beverage traffic, which person is a nonresident of this state, or
is engaged in carrying on any phase of the manufacture of,
traffic in, or transportation of alcoholic beverages without a
permit under this title when a permit is required by this title.
(6) If the permit applicant does not hold a brewer's permit, a
person who leases from a person, or an officer or agent of that
person, who holds a brewer's permit or a beer wholesaler's
permit.
(7) If the permit applicant does not hold a brewer's permit, a
person who is indebted to a person who holds a brewer's permit
or a beer wholesaler's permit, or an officer or agent of that
person, for a debt secured by a lien, mortgage, or otherwise,
upon the premises for which the beer retailer's permit is to be
applicable, or upon any of the property or fixtures on the
premises, or used, or to be used in connection with the
premises.
(8) A person whose place of business is conducted by a
manager or agent, unless the manager or agent possesses the
same qualifications required for the issuance of a beer retailer's
permit to the person.
(9) A minor.
(10) A person non compos mentis.
(11) A person who has held a permit under this title and who
has had that permit revoked within one (1) year prior to the date
of application for a beer retailer's permit.
(12) A person who has made an application for a permit of any
type which has been denied less than one (1) year prior to the
person's application for a beer retailer's permit unless the first
application was denied by reason of a procedural or technical
defect.
(13) A person who is not the proprietor of a restaurant located
and being operated on the premises described in the application
for the beer retailer's permit, or of a hotel, or of a club, owning,
or leasing the premises as a part of it. The disqualification
contained in this subdivision shall not apply to the
qualifications for or affect the privileges to be accorded under
a beer dealer's permit or a dining car beer permit.
(b) Subsection (a)(9) does not prevent a minor from being a
stockholder in a corporation. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,
SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1; P.L.205-1999,
SEC.14.
IC 7.1-3-4-3 Premises outside corporate limits
Sec. 3. Premises Outside Corporate Limits. (a) The commission
may issue a beer retailer's permit for premises situated outside the
corporate limits of an incorporated city or town if the premises are
within, or in immediate proximity to, an unincorporated town:
(1) which has been a settlement or a group of residences for
more than ten (10) years;
(2) to which the inhabitants of the surrounding countryside
resort for purchases or public meetings or as a community or
neighborhood center; and
(3) which has borne a name and has been known by that name
for more than ten (10) years.
(b) The county surveyor of the county in which the premises is
located shall certify the information set forth in subsection (a) to the
commission. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.276-2001,
SEC.2. IC 7.1-3-4-4 Premises outside corporate limits; persons eligible
Sec. 4. Premises Outside Corporate Limits: Persons Eligible. The
commission may issue a beer retailer's permit as authorized by
IC 1971, 7.1-3-4-3, only to an applicant who is the proprietor of a
drug store, grocery store, confectionery, or of a store in good repute
which, in the judgment of the commission, deals in other
merchandise that is not incompatible with the sale of beer. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-4-5
Repealed
(Repealed by P.L.204-2001, SEC.68.)
IC 7.1-3-4-6 Scope of permit
Sec. 6. (a) The holder of a beer retailer's permit shall be entitled
to purchase beer for sale under his permit only from a permittee
entitled to sell to him under this title. A beer retailer shall be entitled
to possess beer and sell it at retail to a customer for consumption on
the licensed premises. A beer retailer also shall be entitled to sell
beer to a customer and deliver it in permissible containers to the
customer on the licensed premises, or to the customer's house.
(b) A beer retailer shall not be entitled to sell beer at wholesale.
He shall not be entitled to sell and deliver beer on the street or at the
curb outside the licensed premises, nor shall he be entitled to sell
beer at a place other than the licensed premises. However, a beer
retailer may offer food service (excluding alcoholic beverages) to a
patron who is outside the licensed premises by transacting business
through a window in the licensed premises.
(c) A beer retailer shall be entitled to sell and deliver warm or
cold beer for carry out, or for at-home delivery, in barrels or other
commercial containers in a quantity that does not exceed fifteen and
one-half (15 1/2) gallons at any one (1) time. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.2; P.L.112-1987, SEC.5.
IC 7.1-3-4-7 Limitation of sales; fees; clubs; discrimination
Sec. 7. (a) Notwithstanding any other law, a beer retailer may
limit sales to the following:
(1) Persons that the retailer selects to have access to the
retailer's facilities and services in return for payment of an
annual fee to the retailer.
(2) Guests of a person described in subdivision (1).
(b) A beer retailer may call the annual fee described in subsection
(a) a membership fee.
(c) A beer retailer may call the retailer's premises a club.
However, the premises is not a club within the meaning of
IC 7.1-3-20-1.
(d) This section does not allow a beer retailer to discriminate
among persons on the basis of race, sex, age, or religion when
selecting persons to have access to the retailer's facilities and
services. As added by P.L.73-1991, SEC.1.
