CHAPTER 16. DINING CAR, BOAT, AND TEMPORARY WINE PERMITS
IC 7.1-3-16
Chapter 16. Dining Car, Boat, and Temporary Wine Permits
IC 7.1-3-16-1
Dining car wine permits
Sec. 1. Dining Car Wine Permits. The commission may issue a
dining car wine permit to a person who is the holder of, or who is
capable of receiving, a dining car beer permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-16-2
Display of permit
Sec. 2. Display of Permit. The original dining car wine permit
shall be kept displayed at the main Indiana office of the permittee. A
certificate of an officer or agent of the permittee stating that a dining
car wine permit is in full force and effect for the car, or words to that
effect, shall be kept displayed in each licensed dining and buffet car.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-16-3
Boat wine permits
Sec. 3. Boat Wine Permits. The commission may issue a boat
wine permit to a person who is the proprietor of a boat and who also
is, and continues to be, the holder of a boat beer permit. The
commission may issue a boat wine permit without publication of
notice or having an investigation before a local board.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-16-4
Scope of permit
Sec. 4. Scope of Permit. The holder of a boat wine permit shall
enjoy the same privileges and be subject to the same conditions,
restrictions, and limitations in regard to wine under his permit as is
provided in the case of the holder of boat beer permit in regard to
beer under his permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-16-5
Temporary wine permits
Sec. 5. Subject to section 5.5 of this chapter, the commission may
issue a temporary wine permit without publication of notice or
investigation before a local board to a qualified person as provided
in this chapter. In all other respects, a temporary wine permit shall be
issued, revoked, and governed by the restrictions and limitations
made in a provisional order or rule or regulation of the commission.
(Formerly: Acts 1973, P.L.59, SEC.1.) As amended by P.L.73-1996,
SEC.3.
IC 7.1-3-16-5.5
Temporary wine permits; town parks
Sec. 5.5. (a) This section applies to a temporary wine permit for
the sale of wine in a town park in a town having a population of less
than ten thousand (10,000).
(b) The commission may not issue a temporary wine permit to a
person unless:
(1) the person meets all of the requirements for a temporary
wine permit under this chapter; and
(2) the town council:
(A) holds a public hearing on the request for a permit; and
(B) approves the issuance of the temporary wine permit.
(c) If a person asks a town council to approve the issuance of a
temporary wine permit, the town clerk-treasurer shall notify the
commission of the town council's decision to approve or disapprove
the permit not later than thirty (30) days after the person's request for
approval.
(d) If a person who applies for a temporary wine permit from the
commission demonstrates to the satisfaction of the commission that
no action was taken on the person's request by the town council
under subsection (c), the commission shall consider the request to be
approved by the town council.
As added by P.L.73-1996, SEC.4.
IC 7.1-3-16-6
Persons eligible for permits
Sec. 6. Persons Eligible for Permits. The commission may issue
a temporary wine permit to a person who is qualified to hold a beer
retailer's permit and who has such other qualifications as the
commission may prescribe by a provisional order until it adopts a
rule or regulation on the matter. However, the special
disqualifications listed in IC 1971, 7.1-3-4-2(c), (h), and (m), and the
residency requirements provided in IC 1971, 7.1-3-21-3, shall not
apply to an applicant for a temporary wine permit.
(Formerly: Acts 1973, P.L.59, SEC.2.)
IC 7.1-3-16-7
Reasons for permits
Sec. 7. Reasons for Permits. The commission may issue a
temporary wine permit only to (a) Enable a fair, festival, athletic
event, barbecue, picnic, convention, exhibition, spectacle, or contest,
to be publicly held and carried on; or
(b) Accommodate the institutional activities of an association,
society, charitable or benevolent organization, or a branch of one (1)
of these, or both.
(Formerly: Acts 1973, P.L.59, SEC.3.)
IC 7.1-3-16-8
Term of permit
Sec. 8. Term of Permit. The commission may issue a temporary
wine permit for a term, to and including, fifteen (15) days from its
issuance. However, if an emergency exists, in the judgment of the
commission, a temporary wine permit may be renewed for a period
not to exceed fifteen (15) additional days.
(Formerly: Acts 1973, P.L.59, SEC.4.)
IC 7.1-3-16-9
Scope of permit
Sec. 9. Scope of Permit. The holder of a temporary wine permit
shall be entitled to purchase and receive wine on any day of the year,
only from a lawful supplier under this title at his place of business.
A lawful supplier may sell and deliver wine to a temporary wine
permit holder on any day of the year at his place of business. The
holder of a temporary wine permit shall be entitled to sell wine only
for consumption on the licensed premises, and shall be subject to the
same restrictions as apply to the sale of beer by the holder of a
temporary beer permit. A temporary wine permittee shall not be
entitled to sell at wholsale nor for carry-out from the licensed
premises.
(Formerly: Acts 1973, P.L.59, SEC.5.)