reglab/statecodes huggingface dataset:
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-8. Conditions of Bond

Sec. 8. The bond required by section 7 of this chapter shall be conditioned that an alcoholic beverage will not thereafter be manufactured, possessed, sold, bartered, given away, furnished, or otherwise disposed of in or on the public nuisance, or kept in or on it with the intent to sell, barter, give away, or otherwise dispose of it contrary to law or to a rule or regulation of the commission. The bond shall be conditioned also that the unlawful conduct or practice, or conduct of another person, whether a permittee or not, the violation of this title or of a rule or regulation of the commission, will not be permitted on or in the premises. The bond shall be conditioned further that the defendant will pay all fines, costs, and damages against the defendant for the violation of this title.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.99.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-9. Recovery on Bond

Sec. 9. Recovery on Bond. The whole amount of the bond filed under this chapter may be recovered as a penalty if a condition of the bond is violated. The penalty recovered shall be for the use of the city or town, or if outside the limits of a city or town, then to the county, in which the premises are situated.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-10. Abatement Upon Conviction

Sec. 10. Abatement Upon Conviction. A person may file a complaint with the circuit or criminal court of the county in which the offense was committed in a case in which a person has been convicted of a violation of this title, to abate as a public nuisance the real estate or other property involved in the commission of the offense or to enjoin the unlawful conduct or practice on or in the premises. In an abatement action under this section, a certified copy of the record of conviction shall be admissible in evidence and prima facie evidence that the room, house, building, boat, structure, automobile, or other vehicle, or place of any kind set forth and described in the complaint is a public nuisance.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-11. Injunction Pending Trial

Sec. 11. Injunction Pending Trial. An action seeking relief through an injunction or abatement may be begun, carried on and concluded prior to or during the pending of the criminal prosecution of a defendant arising from or in connection with, or on, or at the room, house, building, boat, structure, automobile, or other vehicle, or place of any kind set out and described in the complaint for the action seeking relief through an injunction or abatement.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-12. Action by Commission

Sec. 12. Action by Commission. The commission may enforce a provision of this title or a rule or regulation of the commission against a permittee either by way of seeking a writ of mandate mandating the defendant to comply with a rule or regulation of the commission or by an action for an injunction enjoining a permittee from violating a rule or regulation of the commission whether the conduct of the defendant does or does not constitute a public nuisance within the meaning of this title. A temporary restraining order, preliminary injunction, and a permanent injunction may be granted in such an action without a bond being filed by the plaintiff.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-13. Action by Commission; Representation

Sec. 13. An action authorized by section 12 of this chapter shall be brought in the name of the State of Indiana on the relation of the commission. The commission may be represented by an attorney selected by it, or by the attorney general, or by a deputy or assistant attorney general assigned by the attorney general for the purpose of instituting or conducting the action, or by both.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.100.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 6. Remedies: Public Nuisances › 7.1-2-6-14. Remedies Cumulative

Sec. 14. The remedies authorized by IC 7.1-2-5, and by this chapter are cumulative and in no sense shall one (1) of the remedies exclude another. The remedies provided in this article shall not limit or remove the power of the commission to revoke a permit.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.101.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-1. Power of Commission

Sec. 1. Power of Commission. The commission shall have the duty to make and enter orders with respect to alcoholic beverages manufactured, processed, or transported from, outside this state and imported into this state as will most effectively produce the discontinuance of discrimination by another state, territory, district, political subdivision, municipality, or person against alcoholic beverages produced in Indiana.
[Pre-1973 Recodification Citation: 7-1-3-1.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-2. Investigations

Sec. 2. Investigations. The commission, from time to time, either on its own initiative or on complaint of a resident of this state, shall make, or cause to be made, investigations of the laws, rules, regulations, ordinances and practices of the several states, territories, districts, political subdivisions and municipalities of the United States outside the State of Indiana, relating to alcoholic beverages manufactured or processed in or exported from, this state. The purpose of these investigations shall be to determine whether these laws, rules, regulations, ordinances and practices unfairly or unreasonably discriminate against alcoholic beverages manufactured or processed in or exported from this state, or in favor of a person outside this state.
[Pre-1973 Recodification Citation: 7-1-3-3.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-3. Entrance of Orders

Sec. 3. Entrance of Orders. If, upon investigation, the commission finds that discrimination does exist, it shall make and enter one (1) of the following orders: (a) prohibiting the importation, transportation, purchase, receipt, sale, delivery, distribution, or possession into or within this state, of alcoholic beverages, or one (1) or more classes of them, manufactured or processed in or by, or exported from, the place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination; or,
(b) providing for a levy, assessment, collection and imposition of additional taxes, licenses, fees and restrictions upon or in connection with the privilege of importing, transporting, purchasing, receiving, selling, delivering, distributing or possessing, into or within this state, of alcoholic beverages, or one (1) or more classes of them, which are manufactured or processed in or by, or imported, transported or received from, a place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination.
[Pre-1973 Recodification Citation: 7-1-3-3.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-4. Scope of Orders

Sec. 4. The commission, in making an order under section 3 of this chapter, shall not be limited to the products of the particular state, territory, district, political subdivision, municipality or person in which or in whose favor the discrimination is found to exist. The commission may include in its order the alcoholic beverages, or a class of them, manufactured or processed in or by, or imported, transported, or received from any other place or person outside this state, as in its opinion will produce most effectively the discontinuance of the discrimination.
[Pre-1973 Recodification Citation: 7-1-3-3.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.102.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-5. Hearing of Aggrieved Party

Sec. 5. Hearing of Aggrieved Party. A resident of this state who is aggrieved by an order of the commission entered under this chapter, may file, within thirty (30) days after the entrance of the order, his written complaint with the commission asking that the order be vacated or modified on the ground that it is unreasonable, insufficient, or unlawful. The petitioner shall set out in his complaint the facts and reasons on which his claim is based. The complaint shall be set for hearing before the commission not less than thirty (30), nor more than sixty (60), days after it is filed.
[Pre-1973 Recodification Citation: 7-1-3-4.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-6. When Order Becomes Final

Sec. 6. An order of the commission entered under this chapter shall become final and shall not thereafter be open to attack for any purpose if a complaint is not filed pursuant to section 5 of this chapter within thirty (30) days after the entrance of the order.
[Pre-1973 Recodification Citation: 7-1-3-4.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.103.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-7. Conduct of Hearing; Appearance by Corporation

Sec. 7. (a) The commission shall have the power to make and establish rules for the admission of evidence and the conduct of the hearing, as in its opinion will serve best the purpose of the hearing. The attorney general of the state shall appear at the hearing and represent the commission in the defense of its order.
(b) A corporation that is a party in any proceeding before the commission may elect to appear either by counsel or by the personal appearance of any of its corporate officers.
[Pre-1973 Recodification Citation: 7-1-3-4.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.78-1986, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-8. Findings

Sec. 8. Findings. The commission, at the conclusion of the hearing and within ten (10) days after it, shall make and enter its findings and decision vacating, modifying, or affirming its order. These findings and decision shall be final and conclusive as to all matters contained in them. The order of the commission shall be and remain in full force unless the commission, for good reason and by appropriate entry, rescinds it, or suspends its effective date.
[Pre-1973 Recodification Citation: 7-1-3-4.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 7. Prevention of Discrimination Against Indiana Products › 7.1-2-7-9. Reciprocity Agreements

Sec. 9. Reciprocity Agreements. The commission may enter into a reciprocity agreement with another state, territory, district, political subdivision, or municipality outside this state, regarding the importation, exportation, transportation, sale, purchase, receipt, delivery, distribution or possession of alcoholic beverages. The reciprocity agreement may be made for the purpose of promoting the economic welfare of the citizens of, and of industry and labor in, this state, and for the purpose of preventing or discouraging discrimination against alcoholic beverages manufactured or processed in, or exported from, this state. The agreement may provide also for the remission of any additional taxes or fees levied pursuant to an order made and entered under the authority of this chapter. However, the commission shall not have the authority to enter into an agreement which will in any manner violate, change or modify a law of this state.
[Pre-1973 Recodification Citation: 7-1-3-6.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 8. Jurisdiction and Miscellaneous Judicial Proceedings › 7.1-2-8-1. Jurisdiction; General Rule

Sec. 1. Jurisdiction: General Rule. An action brought against the commission, or against the chairman as the chairman, shall be brought in the circuit or superior court of Marion County unless otherwise specifically provided in this title.
[Pre-1973 Recodification Citation: 7-1-1-42(j).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 8. Jurisdiction and Miscellaneous Judicial Proceedings › 7.1-2-8-2. Jurisdiction Restricted

Sec. 2. Jurisdiction Restricted. Except as otherwise provided in this title, a person shall not bring an action against the State of Indiana, the commission, the chairman, or the chairman pro tempore, based upon a claim arising from the collection of money received by the state in connection with the administration or enforcement of a provision of this title. The consent of the State of Indiana is hereby expressly withdrawn and denied in such an action and no court shall have jurisdiction in such an action.
[Pre-1973 Recodification Citation: 7-2-1-16.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 8. Jurisdiction and Miscellaneous Judicial Proceedings › 7.1-2-8-3. Declaratory Judgment

Sec. 3. Declaratory Judgment. The commission shall have the authority also to initiate, in the name of the State of Indiana on the relation of the commission, an action to obtain a declaratory judgment as to the meaning, application, or constitutionality of a provision of this title or of a rule or regulation of the commission or an order of the commission. The action shall be brought in any court having civil jurisdiction within Marion County against a permittee or other person. The proceedings shall conform to the Indiana Rules of Civil Procedure concerning declaratory judgments.
[Pre-1973 Recodification Citation: 7-1-1-38.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 8. Jurisdiction and Miscellaneous Judicial Proceedings › 7.1-2-8-4. Judicial Notice

Sec. 4. Judicial Notice. A court shall take judicial notice of the signature of the chairman and of the seal of the commission. A court shall take judicial notice, also, of a document, paper, record, or instrument, or copy of these, duly authenticated, as prescribed in the rules and regulations of the commission.
[Pre-1973 Recodification Citation: 7-1-1-39(4).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-0.1. Application of Certain Amendments to Chapter

Sec. 0.1. The following amendments to this chapter apply as follows:
(1) The addition of section 28 of this chapter by P.L.204-2001 applies only to applications submitted after June 30, 2001.
(2) The amendments made to sections 5.5 and 5.6 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with sections 5.5 and 5.6 of this chapter, as appropriate, as the provision was effective at the time the application was submitted.
As added by P.L.220-2011, SEC.171.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citation: 7-1-1-6.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-1.5. Intent of General Assembly Concerning Sales of Carryout

Sec. 1.5. (a) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a grocery store, convenience store, or drug store should not be given the privilege of selling cold beer for carryout.
(b) It is the intent of the general assembly, consistent with the character of the business test described in section 19 of this chapter, that a restaurant located within a grocery store, convenience store, or drug store should not be given the privilege of selling alcoholic beverages for carryout.
(c) The commission shall apply the intent of the general assembly, when considering the character of an applicant's business, as described in section 19 of this chapter.
As added by P.L.270-2017, SEC.6.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citations: 7-2-1-14(a); 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-3.5. Permits Deposited Before July 1, 2019

Sec. 3.5. (a) This section only applies to a retailer or dealer permit that is deposited with the commission before July 1, 2019.
(b) 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. Subject to subsections (d) through (f), the commission may extend the term of the deposit under IC 7.1-3-1.1.
(c) This subsection applies to a permit that is deposited with the commission before July 1, 2016. The permit reverts to the commission if the permit is not active before July 1, 2020.
(d) This subsection applies to a permit that is deposited with the commission after June 30, 2016, and before July 1, 2017. The permit reverts to the commission if the permit is not active before July 1, 2021.
(e) This subsection applies to a permit that is deposited with the commission after June 30, 2017, and before July 1, 2018. The permit reverts to the commission if the permit is not active before July 1, 2022.
(f) This subsection applies to a permit that is deposited with the commission after June 30, 2018, and before July 1, 2019. The permit reverts to the commission if the permit is not active before July 1, 2023.
(g) This section expires July 1, 2024.
As added by Acts 1982, P.L.69, SEC.6. Amended by P.L.250-2003, SEC.8; P.L.285-2019, SEC.11; P.L.194-2021, SEC.23.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[1973 Recodification Citation: New.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.22.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-5. Application for Permits; Disclosures; Permit Premises Pending

Sec. 5. (a) Except as provided in subsection (b), 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:
(1) the names 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; or
(2) the Internet web site where a member of the public may access the information in subdivision (1).
(b) An application for a permit may be processed by the commission while the location of the permit premises is pending, upon a showing of need by the permit applicant. Any permit issued by the commission while the location of the permit premises is pending shall be placed immediately on deposit with the commission under IC 7.1-3-1-3.5 (before July 1, 2019) or (after June 30, 2019) IC 7.1-3-1.1 upon approval of the permit by the commission. If a permit issued by the commission is deposited with the commission under this subsection:
(1) the applicant must go before the local board for approval of the applicant; and
(2) before making the permit active, the permittee must go before the local board for approval of the location.
[Pre-1973 Recodification Citation: 7-1-1-31.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.7; P.L.196-2015, SEC.4; P.L.285-2019, SEC.12; P.L.194-2021, SEC.24.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citation: 7-1-1-42(e).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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).
[Pre-1973 Recodification Citations: 7-1-1-9; 7-1-1-16; 7-1-1-17; 7-1-1-18; 7-1-1-22; 7-1-1-23; 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.58-1984, SEC.1; P.L.205-1999, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[1973 Recodification Citation: New.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[1973 Recodification Citation: New.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citations: 7-1-1-41; 7-1-1-42(f).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citation: 7-1-1-42(d).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 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.
[Pre-1973 Recodification Citation: 7-1-1-42(f).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-13. Repealed

[Pre-1973 Recodification Citation: 7-1-1-42(f).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.10; P.L.204-2001, SEC.25. Repealed by P.L.153-2015, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 1. General Provisions › 7.1-3-1-13.5. Payments

Sec. 13.5. (a) As used in this section, "credit card" means a:
(1) credit card;
(2) debit card;
(3) charge card; or
(4) stored value card.
(b) The commission shall accept a payment to the commission for any purpose by any of the following financial instruments:
(1) Cash.
(2) Certified check.
(3) Cashier's check.
(4) Check drawn on the bank deposit of a business.
(5) Valid postal money order of the United States.
(6) Bank draft.
(7) Money order.
(8) Bank card or credit card.
(9) Electronic funds transfer.
(10) Any other financial instrument authorized by the commission.
(c) If there is a charge to the commission for the use of a financial instrument, the commission may collect a sum equal to the amount of the charge from the person who uses the financial instrument.
(d) A procedure authorized for a particular type of payment must be uniformly applied to all payments of the same type.
(e) The commission may contract with a bank card or credit card vendor for acceptance of bank cards 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 may collect from the person using the card:
(1) an official fee that may not exceed the transaction charge or discount fee charged to the commission by bank or credit card vendors; or
(2) a reasonable convenience fee:
(A) that may not exceed three dollars ($3); and
(B) that must be uniform regardless of the bank card or credit card used.
The fees described in subdivisions (1) and (2) may be collected regardless of retail merchant agreements between the bank and credit card vendors that may prohibit such fees. These fees are permitted additional charges under IC 24-4.5-3-202.
(f) The commission may pay any applicable bank card or credit card service charge associated with the use of a bank card or credit card under this section.
As added by P.L.153-2015, SEC.3.