CHAPTER 21. RESTRICTIONS ON ISSUANCE OF PERMITS
IC 7.1-3-21
Chapter 21. Restrictions on Issuance of Permits
IC 7.1-3-21-1
Premises outside corporate limits
Sec. 1. Premises Outside Corporate Limits. The commission shall
not issue a permit in respect to premises situated outside the
corporate limits of an incorporated city or town except as otherwise
specifically provided in this article.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-2
Repealed
(Repealed by P.L.100-1983, SEC.8.)
IC 7.1-3-21-3
Residency requirements
Sec. 3. The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any
type; or
(2) a liquor wholesaler's permit;
to a person who has not been a continuous and bona fide resident of
Indiana for five (5) years immediately preceding the date of the
application for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1982,
P.L.69, SEC.8; P.L.72-2004, SEC.12; P.L.165-2006, SEC.28.
IC 7.1-3-21-4
Partnership; qualifications of members
Sec. 4. The commission shall not issue:
(1) a liquor wholesaler's permit; or
(2) an alcoholic beverage retailer's or dealer's permit;
of any type to a partnership unless each member of the partnership
possesses the same qualifications as those required of an individual
applicant for that particular type of permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.51-1994,
SEC.10; P.L.105-1995, SEC.5; P.L.165-2006, SEC.29.
IC 7.1-3-21-5
Corporations; officer and stockholder qualifications
Sec. 5. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any
type; or
(2) a liquor wholesaler's permit;
to a corporation unless sixty percent (60%) of the outstanding
common stock is owned by persons who have been continuous and
bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a corporation unless at least one (1) of the stockholders shall have
been a resident, for at least one (1) year immediately prior to making
application for the permit, of the county in which the licensed
premises are to be situated.
(c) Each officer and stockholder of a corporation shall possess all
other qualifications required of an individual applicant for that
particular type of permit.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.72-1996,
SEC.12; P.L.72-2004, SEC.13; P.L.165-2006, SEC.30.
IC 7.1-3-21-5.2
Limited partnerships; qualifications of persons having partnership
interest
Sec. 5.2. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any
type; or
(2) a liquor wholesaler's permit;
to a limited partnership unless at least sixty percent (60%) of the
partnership interest is owned by persons who have been continuous
and bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a limited partnership unless for at least one (1) year immediately
before making application for the permit, at least one (1) of the
persons having a partnership interest has been a resident of the
county in which the licensed premises are to be situated.
(c) Each general partner and limited partner of a limited
partnership must possess all other qualifications required of an
individual applicant for that particular type of permit.
As added by P.L.51-1994, SEC.11. Amended by P.L.72-1996,
SEC.13; P.L.72-2004, SEC.14; P.L.165-2006, SEC.31.
IC 7.1-3-21-5.4
Limited liability companies; manager and member qualifications
Sec. 5.4. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any
type; or
(2) a liquor wholesaler's permit;
to a limited liability company unless at least sixty percent (60%) of
the membership interest is owned by persons who have been
continuous and bona fide residents of Indiana for five (5) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a limited liability company unless for at least one (1) year
immediately before making application for the permit, at least one
(1) of the persons having a membership interest has been a resident
of the county in which the licensed premises are to be situated.
(c) Each manager and member of a limited liability company must
possess all other qualifications required of an individual applicant for
that particular type of permit.
As added by P.L.51-1994, SEC.12. Amended by P.L.72-1996,
SEC.14; P.L.72-2004, SEC.15; P.L.165-2006, SEC.32.
IC 7.1-3-21-6
Exceptions for retail and dealer partnerships, corporations, limited
partnerships, and limited liability companies
Sec. 6. (a) The provisions of sections 4, 5, 5.2, and 5.4 of this
chapter concerning retail and dealer partnerships, corporations,
limited partnerships, and limited liability companies shall not apply
to the issuance of:
(1) a dining car permit;
(2) a boat permit;
(3) a drug store permit;
(4) a grocery store permit;
(5) a hotel permit;
(6) an airplane permit;
(7) a gaming site permit;
(8) a horse track permit;
(9) a satellite facility permit; or
(10) a retail permit to an establishment:
(A) that is sufficiently served by adequate law enforcement
at its permit location; and
(B) whose annual gross food sales at the permit location:
(i) exceed one hundred thousand dollars ($100,000); or
(ii) in the case of a new application and as proved by the
applicant to the local board and the commission, will
exceed two hundred thousand dollars ($200,000) by the
end of the two (2) year period from the date of the
issuance of the permit.
(b) The commission shall not issue a permit listed in subsection
(a) to a foreign:
(1) corporation;
(2) limited partnership; or
(3) limited liability company;
that is not duly qualified to do business in Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.6; P.L.15-1994, SEC.9; P.L.2-1995, SEC.39;
P.L.71-1996, SEC.4; P.L.233-2007, SEC.31.
IC 7.1-3-21-7
Restaurant corporations; exception
Sec. 7. Restaurant Corporations: Exception. The provisions of
IC 1971, 7.1-3-21-5, shall not apply to the common stock ownership
of a corporation holding a restaurant permit and having less than
sixty per cent (60%) resident ownership prior to March 14, 1963.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-8
Disclosure of interested parties
Sec. 8. The commission shall not issue an alcoholic beverage
permit of any type to a person unless that person has on file with the
commission a verified list containing the name and address of each
person who is, or will be, financially or beneficially interested in the
permit and the business conducted, or to be conducted, under it. At
all times, a change in the list shall be filed by the applicant or
permittee with the commission within ten (10) days of the date when
the change became effective. The lists, together with any changes,
shall be kept on file in the office of the commission and they shall be
open to public inspection.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,
SEC.38.
IC 7.1-3-21-9
Public officers
Sec. 9. The commission shall not issue an alcoholic beverage
wholesaler's permit of any type to a person who holds an elective or
appointive public office which has the responsibility of enforcing the
state laws regulating the sale of alcoholic beverage. The commission
may issue an alcoholic beverage wholesaler's permit of any type to
a person who holds any other appointive or elective public office.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.104-1989,
SEC.1.
IC 7.1-3-21-10
Location of premises; disclosure
Sec. 10. (a) An application for a permit for premises situated
within a distance of two hundred (200) feet from an elementary or
secondary school or church must disclose this fact.
(b) The local board shall state, if required by the commission, in
the questionnaire its opinion as to the propriety of granting the
particular application.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,
SEC.6.
IC 7.1-3-21-11
Premises near wall of school or church
Revisor's Note: The version of IC 7.1-3-21-11 appearing in the
2004 Edition of the Indiana Code was printed incorrectly. Use the
following version of IC 7.1-3-21-11.
Sec. 11. (a) As used in this section, "wall" means a wall of a
building. The term does not include a boundary wall.
(b) Except as provided in subsection (c), the commission shall not
issue a permit for a premises if a wall of the premises is situated
within two hundred (200) feet from a wall of a school or church, if
no permit has been issued for the premises under the provisions of
Acts 1933, Chapter 80.
(c) This section does not apply to premises if:
(1) the premises of a grocery store or drug store if:
(A) a wall of the premises is situated within two hundred
(200) feet from a wall of a church or school;
(B) the commission receives the written statement of the
authorized representative of the church or school stating
expressly that the church or school does not object to the
issuance of the permit for the premises; and
(C) the commission determines that the church or school
does not object to the issuance of the permit for the
premises; or
(2) a church or school that applies for a temporary beer or wine
permit.
(d) The commission shall base its determination under subsection
(c)(1)(C) solely on the written statement of the authorized
representative of the church or school.
(e) If the commission does not receive the written statement of the
authorized representative of the church or school, the premises of the
grocery store or drug store may not obtain the waiver allowed under
this subsection.
(f) If the commission determines that the church or school does
not object, this section and IC 7.1-3-21-10 do not apply to the permit
premises of the grocery store or drug store on a subsequent renewal
or transfer of ownership.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.77-1997,
SEC.1; P.L.204-2001, SEC.39.
IC 7.1-3-21-12
Wagering occupational tax stamp
Sec. 12. Wagering Occupational Tax Stamp. The commission
shall not issue a permit to sell alcoholic beverages at retail to a
person who holds, owns, or possesses a wagering occupational tax
stamp issued by the United States internal revenue authorities.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-13
4-H club exhibits
Sec. 13. 4-H Club Exhibits. The commission shall not issue a
temporary beer permit to a person for the express purpose of selling
beer at a place where an organized 4-H club association has an
exhibit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-21-14
Indiana state fair commission permit to sell alcoholic beverages on
state fair grounds; permitted activities; requirements
Sec. 14. (a) The commission shall issue a permit for the sale of
alcoholic beverages on the Indiana state fair grounds to the Indiana
state fair commission.
(b) The holder of a permit under this section is:
(1) entitled to sell alcoholic beverages on the state fair grounds
to consumers by the glass;
(2) entitled to permit multiple vendors of the state fair
commission with separate permits at different locations on the
state fair grounds to sell alcoholic beverages by the glass under
the permit;
(3) entitled to receive the permit directly from the commission
without local board approval;
(4) not subject to quota restrictions under IC 7.1-3-22-3; and
(5) entitled to allow a minor to be present in the places where
alcoholic beverages are sold.
(c) The holder of a permit under this section must comply with the
following requirements:
(1) File a floor plan of the premises where alcoholic beverages
will be served and consumed.
(2) Provide that service of alcoholic beverages may be
performed only by servers certified under IC 7.1-3-1.5.
(3) Allow sales during the times prescribed under IC 7.1-3-1-14.
(4) Prohibit sales prohibited under IC 7.1-5-10-1 and
IC 7.1-5-10-17.
(5) Operate under rules adopted by the commission to protect
the public interest under IC 7.1-1-1.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.165-2006,
SEC.33.
IC 7.1-3-21-15
Delinquency in payment of taxes
Sec. 15. (a) The commission shall not issue, renew, or transfer a
wholesaler, retailer, dealer, or other permit of any type if the
applicant:
(1) is seeking a renewal and the applicant has not paid all the
property taxes under IC 6-1.1 and the innkeeper's tax under
IC 6-9 that are due currently;
(2) is seeking a transfer and the applicant has not paid all the
property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9
for the assessment periods during which the transferor held the
permit; or
(3) is on the most recent tax warrant list supplied to the
commission by the department of state revenue.
(b) The commission shall issue, renew, or transfer a permit that
the commission denied under subsection (a) when the appropriate
one (1) of the following occurs:
(1) The person, if seeking a renewal, provides to the
commission a statement from the county treasurer of the county
in which the property of the applicant was assessed indicating
that all the property taxes under IC 6-1.1 and, in a county where
the county treasurer collects the innkeeper's tax, the innkeeper's
tax under IC 6-9 that were delinquent have been paid.
(2) The person, if seeking a transfer of ownership, provides to
the commission a statement from the county treasurer of the
county in which the property of the transferor was assessed
indicating that all the property taxes under IC 6-1.1 and, in a
county where the county treasurer collects the innkeeper's tax,
the innkeeper's tax under IC 6-9 have been paid for the
assessment periods during which the transferor held the permit.
(3) The person provides to the commission a statement from the
commissioner of the department of state revenue indicating that
the person's delinquent tax liability has been satisfied, including
any delinquency in innkeeper's tax if the state collects the
innkeeper's tax for the county in which the person seeks the
permit.
(4) The commission receives a notice from the commissioner of
the department of state revenue under IC 6-8.1-8-2(k).
(c) An applicant may not be considered delinquent in the payment
of listed taxes if the applicant has filed a proper protest under
IC 6-8.1-5-1 contesting the remittance of those taxes. The applicant
shall be considered delinquent in the payment of those taxes if the
applicant does not remit the taxes owed to the state department of
revenue after a final determination on the protest is made by the
department of state revenue.
(d) The commission may require that an applicant for the
issuance, renewal, or transfer of a wholesaler's, retailer's, or dealer's,
or other permit of any type furnish proof of the payment of a listed
tax (as defined by IC 6-8.1-1-1) or taxes imposed by IC 6-1.1. The
commission shall allow the applicant to certify, under the penalties
for perjury, that the applicant is not delinquent in filing returns or
remitting taxes.
As added by P.L.57-1984, SEC.11. Amended by P.L.23-1986,
SEC.15; P.L.6-1987, SEC.15; P.L.332-1989(ss), SEC.40;
P.L.64-1990, SEC.5; P.L.106-1995, SEC.15; P.L.224-2005, SEC.17.