CHAPTER 1. GENERAL PROVISIONS
IC 7.1-3
ARTICLE 3. PERMITS
IC 7.1-3-1
Chapter 1. General Provisions
IC 7.1-3-1-1
Issuance of permits authorized
Sec. 1. Issuance of Permits Authorized. The commission may
issue only the types of permits authorized by this article subject to
the applicable provisions of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-2
No property right in permit
Sec. 2. No Property Right in Permit. A permittee shall have no
property right in a wholesaler's, retailer's, or dealer's permit of any
type.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-3
Term of permits; renewal
Sec. 3. (a) A permit of any type issued by the commission, except
as provided in subsections (b) and (f) or unless otherwise provided
in this title, shall be in force for one (1) calendar year only, including
the day upon which it is granted. At the end of the one (1) year
period the permit shall be fully expired and null and void.
(b) Notwithstanding subsection (a), a permit that is subject to
section 5.5 or 5.6 of this chapter is effective for two (2) calendar
years, including the day upon which the permit is granted. However,
a local board may recommend to the commission that the permit be
issued or renewed for only a one (1) year period. The commission
may issue or renew a permit for the period recommended by the local
board.
(c) A permittee who is granted a two (2) year permit under
subsection (b) or subsection (f) is liable for any annual fees assessed
by the commission. The annual fee is due on the annual anniversary
date upon which the permit was granted.
(d) If the commission grants a two (2) year permit, the
commission may ask a local board to hold a hearing to reconsider the
duration of a permittee's permit. A hearing held under this subsection
is subject to section 5.5 or 5.6 of this chapter. A local board shall
hold the hearing requested by the commission within thirty (30) days
before the permittee's next annual anniversary date and forward a
recommendation to the commission following the hearing.
(e) If a permittee is granted a permit for more than one (1) year,
the commission shall require the permittee to file annually with the
commission the information required for an annual permit renewal.
(f) Notwithstanding subsection (a), the following are effective for
two (2) calendar years, including the day upon which the permit is
granted:
(1) A beer wholesaler's permit issued under IC 7.1-3-3-1.
(2) A wine wholesaler's permit issued under IC 7.1-3-13-1.
(3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,
SEC.2; P.L.205-1999, SEC.8; P.L.250-2003, SEC.7; P.L.224-2005,
SEC.2.
IC 7.1-3-1-3.1
Letters of extension
Sec. 3.1. (a) Notwithstanding section 3 of this chapter, any
member of the commission may issue an original letter of extension
extending the term of a permit for a maximum period of ninety (90)
days for good cause shown upon the written request of the permittee
and payment of the fee if required.
(b) Upon the expiration of an original letter of extension, or any
renewal thereof, if good cause still exists, subsequent renewals of the
extension may be granted to that permittee only upon the affirmative
vote of a majority of the members of the commission.
As added by Acts 1982, P.L.69, SEC.5.
IC 7.1-3-1-3.5
Deposit of permits; business not in operation
Sec. 3.5. A permittee to whom a retailer or dealer permit has been
issued under this title, may deposit that permit with the commission
for a period of one (1) year if the permittee is unable to immediately
operate the business to which the permit applies. The commission
may extend the term of the deposit for not more than four (4)
additional one (1) year periods if the permittee is able to show to the
satisfaction of the commission that the permittee is making a good
faith effort to put the permit into operation.
As added by Acts 1982, P.L.69, SEC.6. Amended by P.L.250-2003,
SEC.8.
IC 7.1-3-1-4
Applications for permits; general
Sec. 4. The commission shall issue a permit authorized by this
title only upon proper application. The application shall be in
writing, and verified, upon forms prescribed and furnished by the
commission. The application shall contain the terms and information
required by this title or by the rules and regulations of the
commission. The appropriate surety bond, if one is required, also
shall be submitted with the application.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.22.
IC 7.1-3-1-5
Applications for permits; disclosures
Sec. 5. Applications for Permits: Disclosures. An application for
a permit to sell alcoholic beverages of any kind, and the required
publication of notice, shall disclose the name of the applicant and the
specific address where the alcoholic beverages are to be sold, and
any assumed business name under which the business will be
conducted. The application and notice also shall disclose the names
and addresses of the president and secretary of the corporation, club,
association or organization who will be responsible to the public for
the sale of the alcoholic beverage if the applicant is a corporation,
club, association, or other type of organization.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.7.
IC 7.1-3-1-5.3
Notice to plan commission of application, renewal, or transfer of
permit within its jurisdiction
Sec. 5.3. (a) This section applies to an application for a new
permit, renewal of a permit, or transfer of a permit authorized by this
article for a location in a:
(1) second or third class city; or
(2) county other than a county containing a consolidated city.
(b) As used in this section, "plan commission" has the meaning set
forth in IC 36-7-1-14.
(c) A director of a plan commission may request the commission
to notify the plan commission that the commission has received an
application for a permit for a location within the territory where the
plan commission has jurisdiction.
(d) If the commission receives a request under subsection (c), the
commission shall provide to the appropriate plan commission a copy
of the notice that the commission submits for publication to meet the
requirements of section 5 of this chapter. The commission shall mail
the copy to the plan commission no later than the day that the
commission submits the notice for publication.
As added by P.L.70-1997, SEC.1.
IC 7.1-3-1-5.5
Applications for permits; counties with consolidated city; notice;
affidavit
Sec. 5.5. (a) This section applies only in a county having a
consolidated city.
(b) As used in this section, "contiguous property owner" refers to
a property owner who has real property that is geographically
adjacent to or in contact with any point on the border of the property
of a person who seeks a permit to sell alcoholic beverages for
consumption on the licensed premises.
(c) As used in this section, "neighboring property owner" means:
(1) a contiguous property owner; or
(2) a property owner who has real property that:
(A) is geographically adjacent to or in contact with any point
on the border of the property of a contiguous property
owner; and
(B) some portion of which is within five hundred (500) feet
of the property of a person who seeks a permit to sell
alcoholic beverages for consumption on the licensed
premises.
(d) As used in this section, "principal owner" means any person
or entity holding at least a fifteen percent (15%) interest in the
business for which a permit is sought to sell alcoholic beverages.
(e) As used in this section, "property owner" means any person
whose name and address appears in the county assessor's real
property tax assessment records as a person responsible for the
payment of property taxes on a parcel of real property.
(f) Except as provided in section 28(d) of this chapter, subsection
(g) applies to a location in the consolidated city only if:
(1) the application is for a liquor dealer's permit for a location
within the boundaries of the special fire service district, as
determined in conformity with IC 7.1-3-22-8; or
(2) the local alcoholic beverage board requires the applicant to
comply with subsection (g).
(g) In addition to the notice required by section 5 of this chapter,
the applicant for a new permit, or a transfer of a permit to sell
alcoholic beverages of any type or at any location must, at least
fifteen (15) days before the date of the local alcoholic beverage
board hearing, mail notice of the hearing at the applicant's expense
to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of the
consolidated city.
(3) The following entities that have registered with the
department of metropolitan development of the consolidated
city:
(A) The principal, headmaster, or other primary
administrator of each public, private, or parochial
elementary or secondary school located less than one
thousand (1,000) feet from the property line of the
applicant's property.
(B) Each church that is located less than one thousand
(1,000) feet from the property line of the applicant's
property.
(C) Each neighborhood association that represents the area
in which the applicant's property is located.
(h) The notice that the applicant mails must provide the following
information:
(1) The name and address of the applicant, or if the applicant is
a corporation, a club, an association, or an organization, the
name and address of the applicant's president, secretary, and
principal owners who will be responsible to the public for the
sale of alcoholic beverages.
(2) A statement that the applicant has filed an application with
the alcohol and tobacco commission for the sale of alcoholic
beverages.
(3) The specific address where alcoholic beverages are asked to
be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before the
local alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against the
application, the recipient of the notice may attend this public
hearing.
(i) The applicant shall furnish evidence of the applicant's
compliance with this section by filing an affidavit with the local
alcoholic beverage board at the public hearing on the application.
The affidavit must list the names and addresses of the individuals or
other entities to which notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), the
applicant shall file with the local alcoholic beverage board at the
public hearing the following information:
(1) Verification from a department of the consolidated city
designated by ordinance that the applicant is in compliance with
zoning requirements for the premises to be licensed.
(2) Verification from the department of state revenue that the
applicant does not have any outstanding income tax, excise tax,
or sales tax liabilities.
(3) Verification from the county treasurer that the applicant
does not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder that
received and held a permit before September 1, 1987.
(l) Notwithstanding subsection (f)(1), an applicant seeking a
transfer of a permit from a permit holder to a new permit holder
when the new permit holder does not intend to change the nature of
the business operated under the permit may apply to the local board
for a waiver of the notice requirement in subsection (g). The local
board may consider any information the local board considers
relevant in making a determination to approve or deny the waiver
request. The local board must approve or deny a waiver request at the
first regularly scheduled meeting that occurs at least fifteen (15) days
after the local board receives the waiver request from the applicant.
As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3;
P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23;
P.L.10-2010, SEC.3.
IC 7.1-3-1-5.6
Permit renewal requirements
Sec. 5.6. (a) This section applies only in a county having a
consolidated city.
(b) This section applies only to an application for the renewal of
a permit to sell alcoholic beverages.
(c) The definitions set forth in section 5.5 of this chapter apply to
this section.
(d) The renewal of a permit is subject to IC 7.1-3-19-9.5.
(e) Except as provided in section 28(d) of this chapter,
subsections (f) and (g) apply to a location in the consolidated city
only if the application is for a liquor dealer's permit.
(f) Notwithstanding subsection (d), if:
(1) an applicant has been cited for a violation of law or a rule of
the commission; or
(2) the local alcoholic beverage board has received at least five
(5) written complaints against the applicant alleging a violation
of law or a rule of the commission;
then upon direction of the local board, the applicant shall, at least
fifteen (15) days before the date of the local alcoholic beverage
board hearing, mail notice of the hearing at the applicant's expense
as provided in subsection (g).
(g) The applicant shall mail the notice required under subsection
(f) to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of the
consolidated city.
(3) The following entities that have registered with the
department of metropolitan development of the consolidated
city:
(A) The principal, headmaster, or other primary
administrator of each public, private, or parochial
elementary or secondary school located less than one
thousand (1,000) feet from the property line of the
applicant's property.
(B) Each church that is located less than one thousand
(1,000) feet from the property line of the applicant's
property.
(C) Each neighborhood association that represents the area
in which the applicant's property is located.
(h) The notice that the applicant mails must provide the following
information:
(1) The name and address of the applicant, or if the applicant is
a corporation, a club, an association, or an organization, the
name and address of the applicant's president, secretary, and
principal owners who will be responsible to the public for the
sale of alcoholic beverages.
(2) A statement that the applicant has filed an application with
the alcohol and tobacco commission for the sale of alcoholic
beverages.
(3) The specific address where alcoholic beverages are asked to
be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before the
local alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against the
application, the recipient of the notice may attend this public
hearing.
(i) The applicant shall furnish evidence of the applicant's
compliance with this section by filing an affidavit with the local
alcoholic beverage board at the public hearing on the application.
The affidavit must list the names and addresses of the persons to
whom notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), the
applicant shall file with the local alcoholic beverage board at the
public hearing the following information:
(1) Verification from the department of metropolitan
development of the consolidated city that the applicant is in
compliance with zoning requirements for the premises to be
licensed.
(2) Verification from the department of state revenue that the
applicant does not have any outstanding income tax, excise tax,
or sales tax liabilities.
(3) Verification from the county treasurer that the applicant
does not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder that
received and held a permit before September 1, 1987.
As added by P.L.52-1994, SEC.4. Amended by P.L.2-1995, SEC.38;
P.L.106-1995, SEC.5; P.L.204-2001, SEC.24.
IC 7.1-3-1-6
Applications for permits; consent to search
Sec. 6. Applications for Permits: Consent to Search. An
application for a permit shall contain the express statement of the
applicant that he consents for the duration of the permit term, if it is
issued to him, to the entrance, inspection, and search by an
enforcement officer, without a warrant or other process, of his
licensed premises and vehicles to determine whether he is complying
with the provisions of this title. The consent required by this section
is renewed and continued by the retention of a permit or its use by a
permittee.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-6.5
Repealed
(Repealed by P.L.52-1994, SEC.7.)
IC 7.1-3-1-7
Surety bonds; amounts
Sec. 7. (a) An applicant for a brewer's permit, a distiller's permit,
or a liquor wholesaler's permit shall file with the commission a surety
bond in the penal sum of ten thousand dollars ($10,000).
(b) An applicant for a rectifier's permit shall file with the
commission a surety bond in the penal sum of fifteen thousand
dollars ($15,000).
(c) An applicant for a vintner's permit shall file with the
commission a surety bond in the penal sum of one thousand dollars
($1,000).
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.58-1984,
SEC.1; P.L.205-1999, SEC.9.
IC 7.1-3-1-8
Terms and conditions of surety bond
Sec. 8. Terms and Conditions of Surety Bond. The required surety
bond of an applicant shall meet with the approval of the commission.
The bond shall be made payable to the State of Indiana and be
conditioned that so long as the applicant holds his permit unrevoked,
he will not violate a provision of this title or a rule or regulation of
the commission relating to his permit. The bond also shall be
conditioned that he will account for all taxes and fees levied by this
title on the products manufactured, sold, or withdrawn for sale by the
applicant under his permit. A permittee shall keep the bond in full
force and effect continuously in order to keep his permit in force.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-9
Recovery on bond
Sec. 9. Recovery on Bond. The State of Indiana may recover the
sum of one hundred dollars ($100), and no more, in any one (1)
action on a permittee's surety bond for the violation of a rule or
regulation of the commission. The State of Indiana may recover no
more than two hundred dollars ($200) in any one (1) action on the
surety bond for the violation of a provision of this title. Violations
prior to the institution of the action on the bond shall be deemed one
(1) continuing violation. However, the State of Indiana may recover
the full amount of all taxes and fees due and owing by the permittee
under this title in a single action on the bond. No person shall bring
an action on the bond except the State of Indiana for the use and
benefit of the state.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-10
Surety bond; approval
Sec. 10. Surety Bonds: Approval. The commission shall keep a
surety bond filed under this title safely in its files. The commission
shall not approve a surety bond unless the surety company is solvent
and qualified to do business in this state. The commission, before
approving a surety bond, shall require the commissioner of the
department of insurance to furnish to the commission copies of
reports of the surety company and other information concerning the
reserves and reliability of the company.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-11
Cash in lieu of bond
Sec. 11. Cash in Lieu of Bond. Cash, or bonds of the United
States, or both, may be tendered to the commission in lieu of a surety
bond required by the provisions of this title if it is tendered on the
same terms and conditions as a surety bond.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-12
Cancellation of surety bond
Sec. 12. Cancellation of Surety Bond. A surety may not cancel or
annul a surety bond filed in accordance with the provisions of this
title after it has been approved by the commission. However, a
surety, with the consent of the commission, may cancel a bond and
be released from liability accruing after the effective date of the
cancellation. The commission shall not approve a cancellation until
the surety has paid and discharged in full its liability to the state on
the bond to the date of the approval of the cancellation.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-13
Payments
Sec. 13. A person may make a payment to the commission:
(1) in cash;
(2) by a valid postal money order of the United States;
(3) by certified check;
(4) by cashier's check;
(5) by check drawn on the bank deposit of a business;
(6) by bank draft;
(7) by money order;
(8) by credit card, debit card, charge card, or similar method; or
(9) if approved by the commission, by an electronic funds
transfer (as defined in IC 4-8.1-2-7).
However, payment made by one (1) of the methods listed in
subdivisions (3) through (6) must be of or drawn upon a solvent bank
or trust company. However, if a payment is made by bank draft,
check, cashier's check, or money order, the liability is not finally
discharged and the person has not paid the obligation until the draft,
check, or money order has been honored by the institution on which
it is drawn. If the payment is made by credit card, debit card, charge
card, or similar method, the liability is not finally discharged and the
person has not paid the liability until the commission receives
payment or credit from the institution responsible for making the
payment or credit. The commission may contract with a bank or
credit card vendor for acceptance of bank or credit cards. However,
if there is a vendor transaction charge or discount fee, whether billed
to the commission or charged directly to the commission's account,
the commission or credit card vendor may collect from the person
using the bank or credit card a fee. The fee is a permitted additional
charge under IC 24-4.5-3-202.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.205-1999,
SEC.10; P.L.204-2001, SEC.25.
IC 7.1-3-1-14
Times when sales lawful; athletic or sports events in specified
counties or cities; auto racing
Sec. 14. (a) It is lawful for an appropriate permittee, unless
otherwise specifically provided in this title, to sell alcoholic
beverages each day Monday through Saturday from 7 a.m.,
prevailing local time, until 3 a.m., prevailing local time, the
following day. Sales shall cease wholly on Sunday at 3 a.m.,
prevailing local time, and not be resumed until the following Monday
at 7 a.m., prevailing local time.
(b) It is lawful for the holder of a retailer's permit to sell the
appropriate alcoholic beverages for consumption on the licensed
premises only on Sunday from 7 a.m., prevailing local time, until 3
a.m., prevailing local time, the following day.
(c) It is lawful for the holder of a permit under this article to sell
alcoholic beverages at athletic or sports events held on Sunday upon
premises that:
(1) are described in section 25(a) of this chapter;
(2) are a facility used in connection with the operation of a
paved track more than two (2) miles in length that is used
primarily in the sport of auto racing; or
(3) are being used for a professional or an amateur tournament;
beginning one (1) hour before the scheduled starting time of the
event or, if the scheduled starting time of the event is 1 p.m. or later,
beginning at noon.
(d) It is lawful for the holder of a valid beer, wine, or liquor
wholesaler's permit to sell to the holder of a valid retailer's or dealer's
permit at any time.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.60, SEC.2.) As
amended by P.L.99-1983, SEC.1; P.L.102-1989, SEC.1;
P.L.64-1990, SEC.1; P.L.72-1991, SEC.1; P.L.1-1992, SEC.28;
P.L.106-1995, SEC.6; P.L.205-1999, SEC.11; P.L.136-2000, SEC.1;
P.L.72-2004, SEC.4; P.L.224-2005, SEC.3; P.L.165-2006, SEC.3;
P.L.10-2010, SEC.4.
IC 7.1-3-1-15
Service while standing
Sec. 15. Service While Standing. It is lawful for a retail permittee
to serve an alcoholic beverage to a customer whether the customer
is seated or standing. It also is lawful for a customer of a retail
permittee to be served an alcoholic beverage and to consume it
whether he is seated or standing.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-16
Repealed
(Repealed by Acts 1973, P.L.58, SEC.2.)
IC 7.1-3-1-17
Transportation of alcoholic beverages; general
Sec. 17. Transportation of Alcoholic Beverages: General. The
traffic and transportation of alcohol and alcoholic beverages for sale
within this state shall be subject to the rules and regulations of the
commission. Alcohol and alcoholic beverages shall be transported
and delivered only in containers that are lawful under this title and
permissible under the rules and regulations of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-18
Publication of notice
Sec. 18. (a) Whenever, under the provisions of this title,
publication of notice of application for a permit is required, the
publication shall be made in one (1) newspaper of general circulation
published in the county where the permit is to be in effect.
(b) Publication required by this section may be made in any
newspaper of general circulation published one (1) or more times
each week.
(c) The rates which shall be paid for the advertising of a notice
required under this title shall be those required to be paid in case of
other notices published for or on behalf of the state.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,
SEC.4.
IC 7.1-3-1-19
Character of the business test
Sec. 19. Character of the Business Test. Whenever the character
of the business in which an applicant is engaged is material to his
being issued a permit under this article, or is material to his being
qualified to continue to hold the permit, it must be made to appear to
the satisfaction of the commission that a substantial portion of the
business carried on, or to be carried on, in the premises in respect to
which a permit is applied for is in the nature of the applicant's main
business function in the premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-20
Display of permit
Sec. 20. A person to whom a permit has been issued to carry on
any of the businesses or undertakings authorized by this title shall,
before being fully qualified to do business, post and display, and
keep posted and displayed, in the most conspicuous place in the
person's licensed premises the person's permit to do business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.77-1988,
SEC.1.
IC 7.1-3-1-21
Sponsoring amateur athletic event
Sec. 21. The holder of a permit of any type issued under the
provisions of this title or a manufacturer of an alcoholic beverage
may sponsor, finance, or promote in any way an amateur athletic
contest, amateur athletic team, or amateur athletic sporting event of
any kind.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.57-1984,
SEC.3.
IC 7.1-3-1-22
Medical exemption
Sec. 22. Medical Exemption. A regularly licensed physician, a
dentist, or a person holding a license to practice medicine, or to
engage in a profession in which the treatment of the human body, or
of an animal body, is necessarily involved, a clinic, a noncommercial
laboratory, a hospital or a sanitarium, may acquire, own and dispense
for medicinal, mechanical or scientific purposes only, and not for
beverage purposes, an alcoholic beverage or ethyl alcohol without a
permit being issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-23
Pharmacy exemption
Sec. 23. Pharmacy Exemption. A registered pharmacist who owns
or manages a regularly licensed drug store and who is not the holder
of a drug store permit issued pursuant to the provisions of IC 1971,
7.1-3-10, but who is the holder of an unrevoked permit of the Indiana
Board of Pharmacy, may acquire, own and use only in the
compounding of physician's prescriptions two (2) gallons of ethyl
alcohol per year without a permit being issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-23.5
Wine appreciation course instructor exemption
Sec. 23.5. An instructor teaching a class on wine appreciation at
an accredited college or university (as described under IC 24-4-11-2)
may purchase, acquire, possess, and dispense wine for educational
purposes within the class without a permit under this title.
As added by P.L.54-2008, SEC.1.
IC 7.1-3-1-24
Religious exemption
Sec. 24. Religious Exemption. A pastor, rabbi, minister, or priest
may purchase, acquire, possess and dispense wine for sacramental
purposes or for performing a religious rite only without a permit
being issued under this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-1-25
Authorization to permit the sale of alcoholic beverages at certain
public facilities
Sec. 25. (a) A city or county listed in this subsection that by itself
or in combination with any other municipal body acquires by
ownership or by lease any stadium, exhibition hall, auditorium,
theater, convention center, or civic center may permit the retail sale
of alcoholic beverages upon the premises if the governing board of
the facility first applies for and secures the necessary permits as
required by this title. The cities and counties to which this subsection
applies are as follows:
(1) A consolidated city or its county.
(2) A city of the second class.
(3) A county having a population of more than one hundred
eighty-two thousand seven hundred ninety (182,790) but less
than two hundred thousand (200,000).
(4) A county having a population of more than one hundred
seventy thousand (170,000) but less than one hundred eighty
thousand (180,000).
(5) A county having a population of more than one hundred
thirty thousand (130,000) but less than one hundred forty-five
thousand (145,000).
(6) A county having a population of more than three hundred
thousand (300,000) but less than four hundred thousand
(400,000).
(7) A city having a population of more than five thousand one
hundred thirty-five (5,135) but less than five thousand two
hundred (5,200).
(8) A county having a population of more than one hundred
twenty thousand (120,000) but less than one hundred thirty
thousand (130,000).
(9) A county having a population of more than one hundred
eighty thousand (180,000) but less than one hundred eighty-two
thousand seven hundred ninety (182,790).
(b) A county having a population of more than four hundred
thousand (400,000) but less than seven hundred thousand (700,000)
or a township located in such a county that has established a public
park with a golf course within its jurisdiction under IC 36-10-3 or
IC 36-10-7 may be issued a permit for the retail sale of alcoholic
beverages on the premises of any community center within the park,
including a clubhouse, social center, or pavilion.
(c) A township that:
(1) is located in a county having a population of more than one
hundred five thousand (105,000) but less than one hundred ten
thousand (110,000); and
(2) acquires ownership of a golf course;
may permit the retail sale of alcoholic beverages upon the premises
of the golf course, if the governing board of the golf course first
applies for and secures the necessary permits required by this title.
(d) A township:
(1) having a population of more than thirty-five thousand
(35,000) but less than one hundred thousand (100,000); and
(2) located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000);
may be issued a permit for the retail sale of alcoholic beverages on
the premises of any community center or social center that is located
within the township and operated by the township.
(e) A city that owns a golf course may permit the retail sale of
alcoholic beverages upon the premises of the golf course if the
governing board of the golf course first applies for and secures the
necessary permits required by this title.
(f) A city that:
(1) has a population of more than thirty-two thousand (32,000)
but less than thirty-two thousand eight hundred (32,800); and
(2) owns or leases a marina;
may permit the retail sale of alcoholic beverages upon the premises
of the marina, if the governing board of the marina first applies for
and secures the necessary permits required by this title. The permit
may include the carryout sale of alcoholic beverages in accordance
with IC 7.1-3-4-6(c), IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC
1-29 but may not include at-home delivery of alcoholic beverages.
(g) A city listed in this subsection that owns a marina may be
issued a permit for the retail sale of alcoholic beverages on the
premises of the marina. The permit may include the carryout sale of
alcoholic beverages in accordance with IC 7.1-3-4-6(c),
IC 7.1-3-9-9(c), IC 7.1-3-14-4(c), and 905 IAC 1-29 but may not
include at-home delivery of alcoholic beverages. However, the city
must apply for and secure the necessary permits that this title
requires. This subsection applies to the following cities:
(1) A city having a population of more than ninety thousand
(90,000) but less than one hundred five thousand (105,000).
(2) A city having a population of more than seventy-five
thousand (75,000) but less than ninety thousand (90,000).
(3) A city having a population of more than thirty-two thousand
eight hundred (32,800) but less than thirty-three thousand
(33,000).
(4) A city having a population of more than thirty-three
thousand (33,000) but less than thirty-six thousand (36,000).
(5) A city having a population of more than twenty-seven
thousand (27,000) but less than twenty-seven thousand four
hundred (27,400).
(h) Notwithstanding subsection (a), the commission may issue a
civic center permit to a person that:
(1) by the person's self or in combination with another person
is the proprietor, as owner or lessee, of an entertainment
complex; or
(2) has an agreement with a person described in subdivision (1)
to act as a concessionaire for the entertainment complex for the
full period for which the permit is to be issued.
As added by Acts 1980, P.L.8, SEC.64. Amended by Acts 1982, P.L.1,
SEC.22; P.L.100-1983, SEC.1; P.L.57-1984, SEC.4; P.L.85-1985,
SEC.4; P.L.112-1987, SEC.3; P.L.103-1989, SEC.1; P.L.12-1992,
SEC.55; P.L.87-1993, SEC.1; P.L.71-1996, SEC.3; P.L.71-1997,
SEC.1; P.L.205-1999, SEC.12; P.L.136-2000, SEC.2; P.L.170-2002,
SEC.54; P.L.165-2006, SEC.4.
IC 7.1-3-1-26
Sales among collectors
Sec. 26. No permit is required for the sale, purchase, or gift by a
collector to another collector of a container that is:
(1) a ceramic commemorative bottle; or
(2) a uniquely designed decanter.
An unbroken federal tax stamp must be on the container at the time
of the sale, purchase, or gift.
As added by P.L.57-1984, SEC.5.
IC 7.1-3-1-27
Affidavit of compliance by retailer permittee; financial statements
Sec. 27. (a) Notwithstanding any other provision of this article, a
retailer permittee who is required to comply with the gross food and
beverage sales, or gross food sales, standards contained in this article
as a condition of receiving, continuing to hold, or renewing, the
permittee's permit, or otherwise doing business, may attest to the
permittee's compliance with those standards by filing an affidavit of
compliance with the commission.
(b) The affidavit of compliance authorized by subsection (a) must
be in writing and signed by the permittee, or by a responsible officer
or partner, under the penalties of perjury, that the representations
contained in it are true.
(c) If the commission has reasonable grounds to doubt the
truthfulness of an affidavit filed pursuant to subsection (a), it may
require the permittee to support it by audited financial statements. If
the audited financial statements do not support the affidavit and show
the required compliance with the applicable standards of this article,
the commission may revoke the permit.
As added by P.L.112-1987, SEC.4.
IC 7.1-3-1-28
Posting notice of application
Sec. 28. (a) This section applies to the initial issuance, transfer of
location, or transfer of ownership of the following:
(1) Any form of retailer's permit issued under this title.
(2) Any form of dealer's permit issued under this title.
(b) To qualify for approval of an application, an applicant must
show proof to the commission that the applicant has provided notice
concerning the application in conformity with this section.
(c) Except as provided in subsection (d), the applicant shall post
a sign for the period, in the location, and in the form specified in the
rules adopted by the commission to indicate to the public that the
applicant is seeking the issuance of a retailer's or dealer's permit. The
rules adopted by the commission must require that:
(1) the wording on the sign be in a sufficiently large type size;
and
(2) the sign be posted in a sufficient manner in a window or
another area;
so that the sign is visible from the largest public thoroughfare or the
nearest public thoroughfare in the vicinity of the applicant's location.
The commission may require an applicant to use a sign prepared by
the commission. The commission may charge a fee for a sign
prepared by the commission that does not exceed the cost of the sign.
(d) This subsection applies to a county having a consolidated city.
If the application is for a permit other than a liquor dealer's permit,
the applicant may:
(1) post notice of the application as set forth in subsection (c);
or
(2) mail notice in accordance with:
(A) section 5.5 of this chapter if the application is for a new
permit or transfer of a permit; or
(B) section 5.6 of this chapter if the application is for
renewal of a permit.
As added by P.L.204-2001, SEC.26.