reglab/housing_qa huggingface dataset:
IN Code § 7.1-2-4-21 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 4. Local Boards|7.1-2-4-21. Removal From Office

Sec. 21. Removal from Office. An appointed member of a local board may be removed from office only for good cause. The commission shall give the member a written copy of the charges against him and shall fix the time, which shall not be less than five (5) days thereafter, when the member may appear before the commission and show cause why he should not be removed. The commission shall establish procedures for the removal of an appointed member of a local board. The findings and determinations of the commission in respect to a removal shall be final.[Pre-1973 Recodification Citation: 7-1-1-5(19).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-4-22 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 4. Local Boards|7.1-2-4-22. Oral Comments at Meetings

Sec. 22. (a) A local board shall allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. However, a local board may set a reasonable limit on the amount of time allowed to each individual to provide oral comment.(b) A local board may give greater weight to oral comments provided by a person who:(1) owns or operates a business that is located; or(2) owns real property or resides;not more than one thousand (1,000) feet from the location for which a permit is requested.As added by P.L.94-2008, SEC.7.
IN Code § 7.1-2-5-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-1. Issuance of Warrant

Sec. 1. A judge of any court may issue a warrant to search a house or other place for alcohol, an alcoholic liquid or substance, a still, a distilling apparatus, a tobacco product, or another article that is being possessed, kept, sold, bartered, given away, used, or transported in violation of this title.[Pre-1973 Recodification Citation: 7-1-1-34.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-1990, SEC.87; P.L.94-2008, SEC.8.
IN Code § 7.1-2-5-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-2. Service of Warrant

Sec. 2. Service of Warrant. The warrant shall be directed to the officer, agent, or employee of the commission who filed the affidavit for the warrant and otherwise it shall be directed to any officer who has the power to serve criminal process. The warrant shall be served by the person to whom it was issued in the daytime or nighttime and the return made within twenty (20) days from the date of issue.[Pre-1973 Recodification Citation: 7-1-1-34.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-5-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-3. Seizures

Sec. 3. Seizures. The officer who serves the warrant shall seize any article described in the warrant and any other article that he may find during the search that is used in the violation of a provision of this title and hold them pending the disposition as may be ordered by the court in which a prosecution may be instituted for the violation of a provision of this title.[Pre-1973 Recodification Citation: 7-1-1-34.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-5-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-4. Disposition of Articles Pending Judgment

Sec. 4. An alcoholic beverage or a tobacco product seized pursuant to this chapter and any other article which may be found on the searched premises and taken under the warrant shall not be taken from the custody of the person who served the warrant by a writ of replevin or other process while the proceedings provided in this chapter are pending. A final judgment of conviction in that proceeding shall be a bar in all cases to an action for recovery of the thing seized or the value of it or damages alleged to have arisen by reason of the seizing and detention of it.[Pre-1973 Recodification Citation: 7-1-1-35.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.9.
IN Code § 7.1-2-5-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-5. Property Rights Limited

Sec. 5. All rights of any kind in an alcoholic beverage or a tobacco product of any type, or in a container for an alcoholic beverage, or in an article, apparatus, package, fixture or utensil in which an alcoholic beverage or a tobacco product may be placed, or which is used in connection with it, or a vehicle or conveyance in which an alcoholic beverage or a tobacco product is being transported or which is used for the transportation of an alcoholic beverage or a tobacco product, shall at all times and under all circumstances by whomsoever held, owned, or possessed, be deemed qualified by the right of the state, the commission, and the chairman, to administer, execute and enforce the provisions of this title.[Pre-1973 Recodification Citation: 7-1-1-36.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.10.
IN Code § 7.1-2-5-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-6. Certain Property Rights Prohibited

Sec. 6. A person shall have no property right of any kind in alcohol, an alcoholic beverage, a malt article, or a tobacco product had, kept, transported, or possessed contrary to law, or in or to a receptacle or container of any kind in which these liquids and articles may be found, or in an unlawful or prohibited receptacle or container, or in a receptacle or container which does not conform to or which is being used contrary to or which is not kept in conformity to a rule or regulation of the commission, or which is being used to contain an alcoholic beverage or tobacco product upon which a tax is due and unpaid, or an adulterated or misbranded alcoholic beverage, or which is being used in an unlawful practice, or a practice contrary to a rule or regulation of the commission.[Pre-1973 Recodification Citation: 7-1-1-36.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.11.
IN Code § 7.1-2-5-7 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-7. Illegal Transportation; Property Rights Limited

Sec. 7. A person who is interested in illegal transportation, or who has knowledge of it, shall have no right, title, or interest in or to a conveyance of any kind used for the illegal transportation of alcohol, alcoholic beverages, malt articles, or a tobacco product.[Pre-1973 Recodification Citation: 7-1-1-36.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.12.
IN Code § 7.1-2-5-8 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-8. Forfeiture to State

Sec. 8. An officer who makes an arrest for a violation of the provisions of this title shall seize the evidence of the commission of that violation, including any vehicle, automobile, boat, air or water craft, or other conveyance in which alcohol, alcoholic beverages, malt articles, or tobacco products are kept, possessed, or transported contrary to law, or contrary to a rule or regulation of the commission. The articles and vehicles mentioned in this section and in sections 5 through 7 of this chapter are hereby declared forfeited to the state and shall be seized.[Pre-1973 Recodification Citation: 7-1-1-36.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.3-2008, SEC.68; P.L.94-2008, SEC.13.
IN Code § 7.1-2-5-9 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-9. Opinion Evidence

Sec. 9. Opinion Evidence. Testimony concerning the appearance, taste or odor of a beverage or liquid shall be received in evidence in a criminal prosecution under this title, or in a proceeding before the commission or a local board. A witness, either lay or expert, may testify as to his opinion that a beverage or liquid which he has tasted, seen, smelled, or otherwise examined is a particular type of alcoholic beverage.[Pre-1973 Recodification Citation: 7-1-1-39.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-5-11 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-11. Evidence of Misbranding

Sec. 11. An unbroken bottle or container which contains, or has contained, liquor or wine and which bears a brand, label, trade-mark, name or other device, marking, inscription, or a reference to quality, nature, character, origin, or manufacturer of the alcoholic beverage contents of that bottle or container, that has been altered, defaced, restored, or upon which the tax stamp of the federal government has been forged, counterfeited, restored, or reused, or which brand, label, trade-mark, name or other device, marking or inscription does not truly describe the contents or former contents shall be received in evidence in a court as prima facie proof that the person chargeable with the possession of it either is, or was, or both, maintaining a public nuisance and either is, or was, or both, keeping and possessing misbranded or adulterated alcoholic beverages.[Pre-1973 Recodification Citation: 7-1-1-39.]Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.4. As amended by P.L.194-2021, SEC.20.
IN Code § 7.1-2-5-12 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-12. Oral Evidence

Sec. 12. The court shall receive oral testimony also upon a matter referred to in section 11 of this chapter for the purpose of showing a violation of this title whether the bottle or container is offered in evidence or not.[Pre-1973 Recodification Citation: 7-1-1-39(2).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2009, SEC.62; P.L.194-2021, SEC.21.
IN Code § 7.1-2-5-13 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-13. Destroyed Evidence

Sec. 13. If a fluid is poured out or otherwise destroyed or carried away by the tenant or other person when a premises is being searched, the fluid shall be held to be, prima facie, an alcoholic beverage held or possessed contrary to this title and intended for unlawful possession and sale. Proof of the possession of an empty bottle or container, keg, case and vessel that has contained a destroyed alcoholic beverage shall be admitted as evidence of the illegal possession of that alcoholic beverage.[Pre-1973 Recodification Citation: 7-1-1-39(5).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.194-2021, SEC.22.
IN Code § 7.1-2-5-14 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-14. Sale of Property Seized From Owner

Sec. 14. Sale of Property Seized from Owner. The court, upon conviction of the owner, shall order that personal property of any type seized under this title and which has been found to have been used, kept or possessed in violation of this title shall be sold by the chairman if the property has commercial value and may be purchased and used legally. The court shall order the chairman, or the sheriff, to destroy the property if it has no commercial value or cannot be purchased and used legally. However, the court shall enter its order of sale or destruction only after an opportunity has been given to the owner for a hearing concerning the proposed order.[Pre-1973 Recodification Citation: 7-1-1-40.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-5-15 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-15. Sale of Property Seized From Non-Owner

Sec. 15. The court, upon the conviction of a person other than the owner, found in charge or possession of personal property seized under this title, or upon written petition of the chairman if no person is found in charge of or in possession of the seized property, and if the court, upon hearing, finds that any of the personal property was used, kept, or possessed in violation of this title, with the knowledge of the owner, shall order the property disposed of as provided in section 14 of this chapter. However, the court shall enter its order of sale or destruction only after an opportunity for a hearing has been given by not less than ten (10) days notice to the owner, if the owner is known, or if the owner is not known, then by notice of the seizure of the property, with a description of it, by publication one (1) time in a newspaper of general circulation published in the county seat of the county of the court having jurisdiction. If there is no newspaper published in the county seat, the notice shall be published in a newspaper of a general circulation in the county. Notice published in a newspaper shall be given not less than ten (10) days prior to the time fixed for the hearing.[Pre-1973 Recodification Citation: 7-1-1-40.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.97.
IN Code § 7.1-2-5-16 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-16. Rights of Lien Holders

Sec. 16. A lien holder, by intervention at a hearing as provided in section 14 or 15 of this chapter or in another proceeding brought for that purpose, at any time before the sale of property ordered sold, may have the lien holder's lien determined and the lien holder's priority fixed. Liens determined under this section shall be transferred to and attached to the proceeds of the sale of the property.[Pre-1973 Recodification Citation: 7-1-1-40.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.98.
IN Code § 7.1-2-5-17 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales|7.1-2-5-17. Conduct of Sale

Sec. 17. Property ordered sold by a court under the provisions of section 14 or 15 of this chapter shall be sold by the chairman at public auction in any county in which he may deem it most advantageous to sell the property. The chairman shall give one (1) week's notice of the sale prior to the sale. The notice shall be published in the county seat of the county in which the sale is to be made. Property which has a commercial value and which may be lawfully purchased may be sold to any person. The proceeds of the sale, after deducting necessary costs and charges, including fees for publication, and payment of liens shall be paid to the chairman for deposit under IC 7.1-4-10-3.[Pre-1973 Recodification Citation: 7-1-1-40.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.105-1995, SEC.4.
IN Code § 7.1-2-6-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-1. Public Nuisance; Places

Sec. 1. (a) The following are declared to be a public nuisance:(1) A room, a house, a building, a boat, a structure, an automobile, other vehicle, or place of any kind where at least one (1) of the following occurs:(A) An alcoholic beverage of any type is sold, possessed, manufactured, bartered, or given away in violation of law or a rule of the commission.(B) A person is permitted to resort for the purpose of drinking an alcoholic beverage of any type in violation of law.(2) A place where alcoholic beverages are kept for sale, barter, or gift in violation of law or in violation of a rule of the commission, and all alcoholic beverages and all other property kept in and used in maintaining a place.(3) The business property of a person who knowingly or intentionally sells, possesses, manufactures, barters, or gives away alcoholic beverages in violation of law or a rule of the commission.(b) The plaintiff in an action to abate a public nuisance under subsection (a)(3) must prove that the owner of the business had actual knowledge of the actions alleged to constitute a nuisance.(c) In determining whether the owner of a business should be held liable for failing to abate a public nuisance under subsection (a)(3), the court shall consider the efforts the owner of the business took to abate the public nuisance, including whether the police department that serves the business owner's property had been notified by the business owner or the owner's employee of the actions alleged to constitute the public nuisance.[Pre-1973 Recodification Citation: 7-1-1-37.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.1.
IN Code § 7.1-2-6-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-2. Public Nuisance; Acts

Sec. 2. Public Nuisance: Acts. An act or practice, or manner of conducting a business by a permittee contrary to a provision of this title or to a rule or regulation of the commission, or by a person not a permittee contrary to a provision of this title, shall also constitute a public nuisance if done, carried on, or permitted to take place in a building or upon a premises in or on which an alcoholic beverage is possessed, kept, stored, or consumed, or upon a vehicle, or conveyance in or on which an alcoholic beverage is being kept, stored, consumed, conveyed, transported, or imported into this state contrary to this title, or contrary to a rule or regulation of the commission.[Pre-1973 Recodification Citation: 7-1-1-37.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.137-2021, SEC.12.
IN Code § 7.1-2-6-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-3. Public Nuisance; Untaxed Liquor

Sec. 3. Public Nuisance: Untaxed Liquor. A malt article, liquid, alcoholic beverage, or container of a substance or beverage in respect to which an excise tax or license fee is imposed under this title and upon which the tax or fee has not been paid, the receptacle in which it is contained and the premises where it is kept or hidden shall constitute a public nuisance.[Pre-1973 Recodification Citation: 7-1-1-37.]Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.5.
IN Code § 7.1-2-6-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-4. Abatement of Public Nuisance

Sec. 4. Abatement of Public Nuisance. The commission, the chairman, the attorney general, a prosecuting attorney, a permittee authorized to sell alcoholic beverages within the county in which a common nuisance exists, kept, or maintained, or a number of permittees authorized to sell alcoholic beverages within the county or elsewhere within the state, or a taxpayer of the county, may maintain an action in the name of the state to abate and perpetually enjoin a public nuisance, or to abate, or enjoin, or both, a practice, or conduct of a person, whether a permittee or not, in violation of this title or a rule or regulation of the commission.[Pre-1973 Recodification Citation: 7-1-1-38.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-6-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-5. Available Remedies

Sec. 5. Available Remedies. The plaintiff in an action to abate a public nuisance shall not be required to give bond in the action. A temporary restraining order, a preliminary injunction, a permanent injunction, and other appropriate relief may be granted in this action as is allowed by the Indiana Rules of Civil Procedure.[Pre-1973 Recodification Citation: 7-1-1-38.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-6-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-6. Evidence of Federal Tax Payment

Sec. 6. Evidence of Federal Tax Payment. The payment of a federal government special tax by a person, or the possession by him of a stamp or receipt issued to him by the federal government, either as a retail dealer, or as a wholesale dealer in alcoholic beverages, or the possession by him, or the posting by him upon the premises of a stamp, certificate, permit or license issued under the authority of the United States authorizing him to deal in alcoholic beverages shall be prima facie evidence that the named person is engaged in possessing, selling, transporting, giving away or furnishing alcoholic beverages on the covered premises. This section shall apply in a criminal prosecution under this title or in an action to abate or enjoin a public nuisance or unlawful practice or a practice prohibited by a rule or regulation of the commission.[Pre-1973 Recodification Citation: 7-1-1-39(3).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-2-6-7 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 2. Alcohol and Tobacco Commission and Administration|Chapter 6. Remedies: Public Nuisances|7.1-2-6-7. Order of Court

Sec. 7. Order of Court. The court shall order upon final judgment against the defendant that the room, house, building, structure, boat or place of any kind shall be closed for a period of one (1) year. However, the court may order in the alternative that the premises be closed for only a part of the one (1) year period or until the owner, lessee, tenant, or occupant of the premises gives bond with sufficient surety to be approved by the court making the order, in a penal sum of not less than one thousand dollars ($1,000), payable to the State of Indiana.[Pre-1973 Recodification Citation: 7-1-1-38.]Formerly: Acts 1973, P.L.55, SEC.1.