reglab/housing_qa huggingface dataset:
IN Code § 7.1-3-23-38 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-38. Transmission of Record

Sec. 38. Transmission of Record. The commission, within ten (10) days after the filing of the notice of appeal and the appeal bond with the commission, shall transmit the papers, files, written evidence and the transcript of the hearing, to the clerk of the court to which the appeal is taken. The entire contents of the record transmitted by the commission shall be duly verified by certificate of the commission.[Pre-1973 Recodification Citation: 7-1-1-43.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-23-39 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-39. Stay of Suspension or Revocation; General Rule

Sec. 39. Stay of Suspension or Revocation: General Rule. The final order of revocation or suspension entered by the commission shall be stayed for ten (10) days from the date of the final order whenever a manufacturer's or wholesaler's permit of any type is revoked or suspended for more than fifteen (15) days by order of the commission.[Pre-1973 Recodification Citation: 7-1-1-43.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-23-40 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-40. Stay Pending Appeal

Sec. 40. Stay Pending Appeal. The final order of suspension or revocation shall be stayed, when the proper procedures for taking an appeal have been complied with, until the appeal has been disposed of finally, or until the appeal has been dismissed for lack of prosecution.[Pre-1973 Recodification Citation: 7-1-1-43.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-23-41 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-41. Trial

Sec. 41. Trial. The action shall be entered upon the civil docket of the court to which the appeal is taken naming the appellant applicant, or permittee, as plaintiff, and the commission as defendant. No formal pleadings shall be required and the case shall be set for hearing by the court, without a jury, as soon as possible. The cause may be determined upon hearing upon the evidence offered before the commission and as certified by the commission, or additional evidence may be offered by either party. The court shall enter an order, after the hearing, sustaining or setting aside the final order of the commission. If the court sets aside an order of the commission denying a permit, the court, in its order, shall direct the issuance of the permit.[Pre-1973 Recodification Citation: 7-1-1-43.]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-23-42 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-42. Continued Operations During Stay

Sec. 42. A permittee during the period that the order of suspension or revocation is stayed under section 39 or 40 of this chapter shall be fully authorized and entitled to continue to do business under the permittee's permit as though the permittee's permit had not been suspended or revoked and without being liable in any manner, criminally or civilly, on the ground of operating the permittee's business without a proper permit.[Pre-1973 Recodification Citation: 7-1-1-43.]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.129.
IN Code § 7.1-3-23-43 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-43. Suspension of Permit for Failure to Pay Seller of Permit

Sec. 43. (a) The commission may suspend the permit of a permit holder if:(1) the permit holder has not paid the person who sold the permit to the permit holder in accordance with the terms of the sale;(2) the seller of the permit receives a judgment against the permit holder in an action to obtain payment for the permit in accordance with the terms of the sale; and(3) the seller of the permit sends a certified copy of the judgment to the commission.(b) Before suspending a certificate under this section, the commission shall provide written notice to the permit holder and conduct a hearing. The commission shall provide written notice of the suspension to the permit holder.(c) If a person who sells a permit:(1) sends a judgment to the commission under subsection (a); and(2) subsequently receives full payment of the judgment;the seller shall notify the commission in a manner prescribed by the commission that the seller has received full payment of the judgment not later than ten (10) days after receiving the payment.As added by P.L.224-2005, SEC.18.
IN Code § 7.1-3-23-44 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-44. Notice of Probationary Status for Failure to Pay Child Support; Suspension; Reinstatement

Sec. 44. (a) As used in this section, "bureau" refers to the child support bureau of the department of child services established by IC 31-25-3-1.(b) As used in this section, "delinquent" has the meaning set forth in IC 4-35-2-3.5.(c) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-32(k) or IC 31-25-4-34(f), the commission shall place on probationary status any permit issued under IC 7.1-3-18-9(a)(3) and held by the person who is the subject of the order. The commission shall send the person a notice that does the following:(1) States that the person's permit has been placed on probationary status.(2) States that the person's permit will be suspended if the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice.(3) Describes the amount of child support that the person is in arrears.(4) Explains the procedures to:(A) pay the person's child support arrearage in full; and(B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5.(d) If the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (c), the commission shall suspend the permit issued to the person under IC 7.1-3-18-9(a)(3).(e) The commission may not reinstate a permit placed on probationary status or suspended under this section until the commission receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the person has addressed the delinquency.As added by P.L.80-2010, SEC.10. Amended by P.L.150-2018, SEC.5.
IN Code § 7.1-3-23-45 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 23. Denial, Suspension, and Revocation of Permits|7.1-3-23-45. Employee's Permit; Duties of Commission Upon Receipt of Support Order; Notice; Reinstatement

Sec. 45. (a) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall:(1) suspend the employee's permit of; or(2) deny an employee's permit or the renewal of an employee's permit to;the person who is the subject of the order.(b) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall promptly mail a notice to the last known address of the person who is the subject of the order that states the following:(1) That the:(A) person's employee's permit has been suspended, beginning five (5) business days after the date the notice is mailed; and(B) suspension will end ten (10) business days after the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.(2) That the person has the right to petition for reinstatement of the employee's permit to the court that ordered the suspension.(c) The commission may not reinstate an employee's permit suspended under this section until the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit.As added by P.L.80-2010, SEC.11. Amended by P.L.207-2013, SEC.6.
IN Code § 7.1-3-24-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-1. General Rule

Sec. 1. General Rule. The holder of a permit of any type may not sell, assign or transfer that permit to another person except as expressly authorized by this title. The holder of a permit of any type may not transfer that permit from one (1) location to another unless authorized in special instances to be fixed by rule or regulation of the commission.[Pre-1973 Recodification Citations: 7-1-1-8(1); 7-1-1-42(n).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-2. Ordinary Transfers Authorized

Sec. 2. Ordinary Transfers Authorized. The transfer of a permit from one (1) holder to another holder, or from one (1) location to another location, may be made if the permit has at least three (3) months of unexpired term remaining.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-3. Ordinary Transfers; Restrictions

Sec. 3. A transfer authorized by section 2 of this chapter is subject to the following restrictions:(1) It shall be made upon the terms and under the rules and regulations that the commission may prescribe.(2) The application for the transfer shall conform in respect to notice and publication and investigation before the local board as in the case of an original application for a permit.(3) It shall be subject to the advance payment of the advance cost fee under IC 7.1-4-4.1-6.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.41.
IN Code § 7.1-3-24-3.5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-3.5. Purchase of Permit From Permit Holder; Procedure

Sec. 3.5. (a) A person purchasing an existing permit from another permit holder must submit an executed purchase agreement to the commission as part of the applicant's request to transfer the ownership of the permit. The purchase agreement must include the following:(1) The agreement must be signed by the applicant and the current permit holder.(2) The agreement must provide detailed information regarding the purchase price and sale terms of the permit and other business assets, including the following:(A) An itemization of all personal and real property being sold, detailing the sale terms and price for each item.(B) If the personal property and real property are being purchased by different persons, the purchase agreement must identify the persons purchasing each item of personal property and real property.(C) Any other information required by the commission.(b) A purchase agreement provided to the commission is confidential under IC 5-14-3 and may not be disclosed to the public except for the following information:(1) The type of permit sold.(2) The permit sale price.(3) The jurisdiction (city, town, or county) in which the permit is located.(c) The commission shall maintain a publicly accessible data base of the information listed in subsection (b).(d) The commission shall review and consider an application for transfer of the permit and a purchase agreement before approving or denying the transfer application.As added by P.L.285-2019, SEC.46.
IN Code § 7.1-3-24-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-4. Posting of Bond

Sec. 4. Posting of Bond. The chairman shall require bond to be furnished in the case of the sale, assignment, or transfer of a permit if bond is required to be furnished in the case of an original application for that particular type of permit.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-5. Deceased Permittee

Sec. 5. Deceased Permittee. A duly appointed and qualified administrator or executor of the estate of a deceased permittee, may, with the approval of the court, continue the business conducted by the deceased permittee under the permit held by him if the administrator or executor, either himself or by an agent, also to be approved by the court, applies for and obtains the written consent of the chairman.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-6. Qualifications of Successors

Sec. 6. Qualifications of Successors. The administrator or executor, or agent, must have the same qualifications to hold the permit of the deceased permittee that this title otherwise requires of an applicant for that particular type of permit. That the administrator, executor, or agent has these qualifications shall be established by a finding of the court having jurisdiction and a copy of these findings shall accompany the application for the written consent of the chairman.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-7 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-7. Surviving Spouse or Heir

Sec. 7. The surviving spouse or heir of a deceased permittee may be permitted to continue the business conducted by the deceased permittee, without probate proceedings, if both of the following occur:(1) The court having probate jurisdiction finds that the surviving spouse or heir of the deceased permittee possesses the qualifications required of an applicant for that particular type of permit.(2) The surviving spouse or heir who desires to carry on the business of the deceased permittee applies for and receives the written consent of the chairman. A copy of the court's findings on the qualifications of the applicant must accompany the application for written consent.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.90-2002, SEC.308; P.L.194-2021, SEC.58.
IN Code § 7.1-3-24-8 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-8. Bankrupt Permittee

Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy of the business or property of a permittee, acting under the jurisdiction of a court of record of this state, or a United States court, may continue the business conducted by the permittee, with the approval of the court having jurisdiction, by applying for and receiving the written consent of the chairman and if he is otherwise duly qualified to hold the permit as if he were himself applying for it. The qualifications of the applicant may be established by a finding of the court having jurisdiction. A copy of the court's findings on the qualifications shall accompany the application for written consent.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-9 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-9. No Local Board Proceedings in Certain Cases

Sec. 9. A proceeding before the local board, an advertisement, or a hearing shall not be necessary in a transfer authorized by section 5, 7, or 8 of this chapter.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.130.
IN Code § 7.1-3-24-10 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-10. Reissuance of Permits

Sec. 10. Reissuance of Permits. A permit held by a deceased or bankrupt permittee may be reissued as other permits are authorized in this title to be reissued if the permit is not transferred by sale or otherwise with the consent of the chairman before its expiration. The reissuance shall be made only upon the approval of the court having jurisdiction of the trust of the applicant if the reissuance is to be made to an administrator, executor, or his agent, or a receiver or trustee in bankruptcy. A sale or assignment of the permit shall first be approved by the court, and only to a person qualified to hold it under this title. Before the transfer shall legally entitle the purchaser or assignee to operate under it, the applicant must show the chairman that he is duly competent and qualified, the same as though he were the original applicant for it. If the applicant is duly competent and qualified the chairman may approve the sale or transfer and the commission may issue a permit to the purchaser or assignee. The commission shall not reissue a permit to any premises other than those to which the permit was applicable when held by the decedent or bankrupt.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1.
IN Code § 7.1-3-24-11 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-11. Surrender of Permits

Sec. 11. The administrator or executor of the estate of a deceased permittee may surrender the permit to the commission and it shall be canceled. No part of the fee for the permit shall be refunded.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.42.
IN Code § 7.1-3-24-12 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 24. Transfer of Permits; Deceased or Bankrupt Permittees|7.1-3-24-12. Permittee of Mentally Incompetent

Sec. 12. The provisions of this chapter relating to the sale or transfer of a permit belonging to a deceased permittee apply in the case of the appointment of a guardian for a mentally incompetent person. A permit belonging to a mentally incompetent person may be disposed of and transferred in the same manner and to the same extent as that provided in the case of a deceased permittee.[Pre-1973 Recodification Citation: 7-1-1-8(1).]Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.33-1989, SEC.6.
IN Code § 7.1-3-25-1 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-1. "Existing Wholesaler"

Sec. 1. As used in this chapter, "existing wholesaler" means a beer wholesaler who distributes a product at the time a successor primary source of supply acquires rights to a product under section 5 of this chapter.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-2 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-2. "Product"

Sec. 2. As used in this chapter, "product" means an existing brand of:(1) beer (as defined in IC 7.1-1-3-6); or(2) flavored malt beverage (as defined in IC 7.1-1-3-16.7).As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-3 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-3. "Successor"

Sec. 3. As used in this chapter, "successor" means a primary source of supply that acquires rights to a product under section 5 of this chapter.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-4 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-4. "Successor's Designee"

Sec. 4. As used in this chapter, "successor's designee" means one (1) or more beer wholesalers designated by a successor to replace the existing wholesaler, for all or part of the existing wholesaler's territory, in the distribution of the existing product.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-4.5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-4.5. Transfer of Products Meeting Sales Percentage Threshold Prohibited

Sec. 4.5. (a) Except as provided in subsection (b), a successor, upon acquiring products, shall:(1) reappoint the existing wholesaler for:(A) all acquired products; and(B) the territories covered by the existing wholesaler for the products; or(2) comply with this chapter to transfer the products to another wholesaler.(b) If the products acquired by a successor represent at least fifteen percent (15%) of an existing wholesaler's dollar sales in the twelve (12) months preceding the closing of the transaction in which the successor acquires the products, the successor:(1) shall reappoint the existing wholesaler for:(A) all acquired products; and(B) the territories covered by the existing wholesaler for the products; and(2) may not transfer the product to another wholesaler.As added by P.L.11-2009, SEC.1.
IN Code § 7.1-3-25-5 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-5. Successor Requirements

Sec. 5. A successor:(1) who acquires the rights to manufacture or distribute an existing product; and(2) who:(A) does not reappoint the existing wholesaler to distribute the product;(B) reduces the existing wholesaler's territory for the product; or(C) offers to compensate the existing wholesaler in an amount less than the fair market value determined under section 7 of this chapter;must comply with this chapter. A successor's designee must also comply with this chapter.As added by P.L.224-2005, SEC.19.
IN Code § 7.1-3-25-6 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-6. Notice to Wholesaler of Change in Territory

Sec. 6. The successor shall notify the existing wholesaler of the successor's intent not to appoint the existing wholesaler for all or a part of the existing wholesaler's territory for the product not later than sixty (60) days after the closing of the transaction in which the successor acquires the product. The successor shall mail the notice by certified mail, return receipt requested, to the existing wholesaler. The successor shall include in the notice the names, addresses, and telephone numbers of the successor's designees.As added by P.L.224-2005, SEC.19. Amended by P.L.11-2009, SEC.2.
IN Code § 7.1-3-25-7 (2021)
2021 Indiana Code|Title 7.1. Alcohol and Tobacco|Article 3. Permits|Chapter 25. Product Transfer Between Wholesalers|7.1-3-25-7. Determination of Fair Market Value of Wholesaler's Distribution Rights

Sec. 7. A successor's designee shall negotiate with the existing wholesaler to determine the fair market value of the existing wholesaler's right:(1) to distribute the product in the existing wholesaler's territory immediately before the successor acquired rights to the product under section 5 of this chapter; and(2) as determined in an arms length transaction entered into without duress or threat of termination of the initial wholesaler's right described in subdivision (1).As added by P.L.224-2005, SEC.19.