reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-26. Repealed

[Pre-1973 Recodification Citation: 7-2-1-9(g).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.2; Acts 1979, P.L.83, SEC.7; Acts 1982, P.L.69, SEC.9. Repealed by P.L.100-1983, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-26.1. Violations Related to Minors and Alcohol Server Training; Revocation or Suspension of Permit; Fines; Written Findings and Conclusions

Sec. 26.1. (a) A retailer permittee or dealer permittee who violates IC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, or be fined and have the permittee's permit suspended, as determined by the commission; however, if the penalty imposed by the commission exceeds a fine and three (3) day suspension, the commission must issue written findings of fact and conclusions which show the necessity of the penalty. If the retailer or dealer permittee commits a subsequent violation of the provisions listed in this subsection within twelve (12) months of the first violation, the commission may fine the permittee, fine the permittee and suspend the permittee's permit, or revoke the permittee's permit; however, if the penalty exceeds a fine and suspension of more than fifteen (15) days, the commission must issue written findings of fact and conclusions which show the necessity of the penalty.
(b) The holder of an employee permit who violates IC 7.1-5-7-4 or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, be both fined and have the permittee's permit suspended, or have the permittee's permit revoked, as determined by the commission.
As added by P.L.100-1983, SEC.4. Amended by P.L.161-2005, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-27. Revocation for Violation of Order

Sec. 27. The commission may revoke the permit of a permittee for the violation of an order entered by it pursuant to IC 7.1-2-7. A revocation under this section may be made after not less than ten (10) days notice to the permittee. The notice shall inform the permittee of the time and place of the hearing to be held in regard to the proposed revocation. The further procedure in regard to a revocation under this section shall be prescribed in the rules and regulations of the commission.
[Pre-1973 Recodification Citation: 7-1-3-5.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.126.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-28. Revocation for Violation of Injunction

Sec. 28. The commission may suspend or revoke the permit of a permittee if the court finds that the permittee has violated any of the provisions of an injunction issued by it under the provisions of IC 7.1-3-3-17.
[Pre-1973 Recodification Citation: 7-2-1-23(c).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.127.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-29. Revocation for Taxes and Bonds

Sec. 29. Revocation Re Taxes and Bonds. The commission may revoke the permit of a manufacturer or wholesaler of alcoholic beverages for the failure to pay the taxes when required to do so by this title, or for the failure to keep in force the bond required of the applicant for his particular permit. The action of the commission in these matters shall be final.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-30. Denial of Wholesalers' Permit

Sec. 30. Denial of Wholesalers' Permit. The commission shall not deny, fail to renew, or revoke a wholesaler's permit of any type on arbitrary, capricious, or political grounds.
[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 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-31. Appeal by Applicant for Wholesalers' Permit

Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler's permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior court of Marion County under the same conditions and in the same manner and mode of procedure as provided in this chapter for other appeals. The court shall, from the evidence presented, determine if the applicant has been denied a permit or renewal, or has had his permit revoked, on arbitrary, capricious, or political grounds and if the court determines that the permit or renewal was improperly denied or revoked, the court shall issue a writ of mandate ordering the commission to issue, renew, or reinstate the permit. However, either party shall have the right of appeal from the judgment of the superior court of Marion County as an appeal is taken in a civil action.
[Pre-1973 Recodification Citation: 7-2-1-16.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.141-2007, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-32. Notice to Permittee in Certain Cases

Sec. 32. Notice to Permittee in Certain Cases. The commission shall give notice of its proposed action to the applicant or permittee if the commission determines not to issue or renew a manufacturer's or wholesaler's permit, or if the commission determines to take action to revoke or suspend a manufacturer's or wholesaler's permit after it has been issued.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-33. Right to a Public Hearing

Sec. 33. A person who receives a notice given pursuant to section 32 of this chapter shall have the right to a public hearing at the time and place fixed in the notice and the person shall be permitted to be heard and offer evidence. The evidence may be written, in the form of affidavits, or parol. Unless the commission provides a reporter to take and transcribe the parol evidence, the notice shall inform the person that no reporter will be provided but that the person has the right to have a reporter present at the person's own expense. The evidence, transcribed and verified by the reporter, or the written evidence offered and accepted by the commission, or both, shall be filed and become a part of the record of the proceedings.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.128.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-34. Final Action of Commission

Sec. 34. Final Action of Commission. The commission shall take final action within ten (10) days after the hearing and enter an appropriate order in the matter and shall notify the applicant, or permittee, of its action by registered mail.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-35. Court Review Available

Sec. 35. Court Review Available. The applicant, or permittee, within ten (10) days of the receipt of the commission's notice of final action, may appeal to the circuit or superior court of Marion County, from the final order of the commission denying, suspending, or revoking his manufacturer's or wholesaler's permit of any type. However, an applicant for the original issue or renewal of a wholesaler's permit shall have the right to appeal to the superior court of Marion County but not to the circuit court of Marion County.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-36. Initiation of Appeal

Sec. 36. Initiation of Appeal. The appeal shall be taken by the applicant, or permittee, by filing written notice of his intention to appeal from the final order of the commission to the appropriate court, and by filing a bond with the commission in the penal sum of one thousand dollars ($1,000), conditioned that he will prosecute his appeal to effect, and will pay the costs of the proceedings upon appeal, and that he will pay all necessary expenses incurred by the commission as a result of the appeal if the order of the commission is affirmed.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-37. Appeal Bond

Sec. 37. Appeal Bond. The appeal bond filed with the commission by an applicant, or permittee, shall be a corporate bond secured by a surety company duly authorized to do business in Indiana, or by freehold sureties, shown by verification or otherwise, to be worth in unencumbered real estate located within the county of the applicant, or permittee, appealing, over and above all indebtedness, twice the amount of the bond.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 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.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-8. Territory Continues Until Compensation Received

Sec. 8. The existing wholesaler shall continue to distribute the product until payment of the compensation agreed to under section 7 of this chapter or awarded under section 11 of this chapter is received.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-9. Arbitration

Sec. 9. (a) The successor's designee and the existing wholesaler shall negotiate in good faith. If the parties fail to reach an agreement not later than thirty (30) days after the existing wholesaler receives the notice under section 6 of this chapter, the successor's designee or the existing wholesaler may send a written notice to the:
(1) other party; and
(2) American Arbitration Association or its successor in interest;
declaring the party's intention to proceed with final and binding arbitration administered by the American Arbitration Association under the American Arbitration Association's Commercial Arbitration Rules.
(b) Notice of intent to arbitrate shall be sent, as provided in subsection (a), not later than thirty-five (35) days after the existing wholesaler receives notice under section 6 of this chapter. The arbitration proceedings shall conclude not later than forty-five (45) days after the date the notice of intent to arbitrate is mailed to a party.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-10. Location of Arbitration Proceedings; General Provisions

Sec. 10. (a) The arbitration shall be conducted in the city within Indiana that:
(1) is closest to the existing wholesaler; and
(2) has a population of more than fifty thousand (50,000).
(b) The arbitration shall be conducted before one (1) impartial arbitrator to be selected by the American Arbitration Association. The arbitration shall be conducted in accordance with the rules and procedures of the American Arbitration Association.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-11. Monetary Award Only

Sec. 11. The arbitrator's award must be monetary only and may not enjoin or compel conduct. The arbitration is instead of all other remedies and procedures.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-12. Arbitration Costs; Decision of Arbitrator Binding

Sec. 12. (a) The cost of the arbitrator and any other direct costs of the arbitration shall be equally divided by the parties engaged in the arbitration. All other costs shall be paid by the party incurring them.
(b) The arbitrator shall render a decision not later than thirty (30) days after the conclusion of the arbitration unless this time period is extended by mutual agreement of the parties or by the arbitrator. The decision of the arbitration is final and binding on the parties. Under no circumstances may the parties appeal the decision of the arbitrator.
(c) A party who fails to participate in the arbitration hearings waives all rights the party would have had in the arbitration and is considered to have consented to the determination of the arbitrator.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-13. Failure to Receive Compensation

Sec. 13. If the existing wholesaler does not receive payment of the compensation under section 7 or 11 of this chapter not later than thirty (30) days after the date of the settlement or arbitration award:
(1) the existing wholesaler shall remain the distributor of the product in the existing wholesaler's territory to at least the same extent that the existing wholesaler distributed the product immediately before the successor acquired rights to the product; and
(2) the existing wholesaler is not entitled to the settlement or arbitration award.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-14. Good Faith Settlements Not Prohibited

Sec. 14. Nothing in this chapter shall be construed to limit or prohibit good faith settlements voluntarily entered into by the parties.
As added by P.L.224-2005, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25. Product Transfer Between Wholesalers › 7.1-3-25-15. Not Applicable to Wholesaler's Breach of Distribution Agreement

Sec. 15. Nothing in this chapter shall be construed to give the existing wholesaler or a successor wholesaler any right to compensation if the existing wholesaler or successor wholesaler is terminated by the primary source of supply or predecessor source supplier:
(1) for failure to comply with any provision in the agreement to distribute the product;
(2) for good cause as provided in IC 7.1-3-25.5; or
(3) in accordance with IC 7.1-5-5-9.
As added by P.L.224-2005, SEC.19. Amended by P.L.139-2021, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-1. Requirements for Amendment or Termination of Distribution Agreements

Sec. 1. A primary source of supply's amendment of, cancellation of, termination of, or refusal to renew a distribution agreement with a beer wholesaler is not effective unless the requirements of this chapter are satisfied.
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-2. Amendment or Termination of Distribution Agreement With Wholesaler; Written Notice; Opportunity for Wholesaler to Cure

Sec. 2. (a) As used in this section, "good cause" means any of the following:
(1) A beer wholesaler's failure to pay a primary source of supply for products in accordance with the approved terms of the distribution agreement.
(2) A failure by a beer wholesaler to substantially comply, without reasonable excuse or justification, with any reasonable and material provision of the distribution agreement.
(3) A failure by an owner of the beer wholesaler to sell the person's ownership interest not later than one hundred twenty (120) days after the later of the following dates:
(A) The date judgment is entered against the owner of the beer wholesaler for a felony conviction that, in the reasonable judgment of the primary source of supply, may adversely affect the goodwill or interests of the beer wholesaler or primary source of supply.
(B) The date the primary source of supply learns of the felony conviction described in clause (A).
(b) A primary source of supply that intends to amend, cancel, terminate, or refuse to renew a distribution agreement may do so only if the primary source of supply:
(1) acts:
(A) with good cause;
(B) in good faith; and
(C) with due regard of the equities of the beer wholesaler;
(2) gives the beer wholesaler written notice:
(A) in accordance with section 5 of this chapter; and
(B) at least one hundred twenty (120) days before the date the primary source of supply intends to amend, cancel, terminate, or refuse to renew the distribution agreement; and
(3) gives the beer wholesaler the opportunity to substantially cure any deficiency in the beer wholesaler's performance that constitutes good cause not later than one hundred twenty (120) days after the date that notice is given under subdivision (2).
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-3. When Prior Written Notice Not Required Before Amendment or Termination of Distribution Agreement With Wholesaler

Sec. 3. (a) For purposes of this section, "good cause" means any of the following:
(1) A revocation or suspension of a beer wholesaler's:
(A) federal basic permit; or
(B) permit issued under this title;
for more than fourteen (14) days.
(2) The assignment or attempted assignment by a beer wholesaler for the benefit of creditors.
(3) Any:
(A) attempted transfer of:
(i) business assets;
(ii) voting stock; or
(iii) voting stock of any parent corporation;
of the wholesaler; or
(B) change in the beneficial ownership or control of any wholesaler entity;
without obtaining the prior approval of the primary source of supply.
(4) The institution of bankruptcy proceedings by or against a beer wholesaler.
(5) The dissolution or liquidation of a beer wholesaler.
(6) The insolvency of a beer wholesaler.
(7) Fraudulent conduct by a beer wholesaler in any dealings with a primary source of supply or the primary source of supply's products, including an intentional sale of beer that an owner or senior manager of the wholesaler knows or should know is outside the primary source of supply's established standards.
(b) A primary source of supply may cancel, terminate, or refuse to renew a distribution agreement with a beer wholesaler without providing prior notice of the cancellation, termination, or refusal, if the primary source of supply:
(1) acts:
(A) with good cause;
(B) in good faith; and
(C) with due regard of the equities of the beer wholesaler; and
(2) provides the beer wholesaler with written notice in accordance with section 5 of this chapter, not later than five (5) days after the date of the cancellation of, termination of, or refusal to renew the distribution agreement.
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-4. Amendment or Termination of Same Distribution With All Wholesalers

Sec. 4. (a) This section applies to a primary source of supply that intends to amend, cancel, terminate, or refuse to renew distribution agreements with all beer wholesalers who:
(1) have entered into the same distribution agreement with the primary source of supply; and
(2) are located in the United States.
(b) A primary source of supply has the right to amend, cancel, terminate, or refuse to renew the distribution agreements, if the primary source of supply provides written notice to each beer wholesaler:
(1) in accordance with section 5 of this chapter; and
(2) at least ninety (90) days before the intended effective date of the amendment of, cancellation of, termination of, or refusal to renew each beer wholesaler's distribution agreement.
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-5. Written Notice Requirements

Sec. 5. A written notice under this chapter must comply with the following:
(1) The notice must be sent by certified mail.
(2) The notice must state the following:
(A) The effective date of the amendment of, cancellation of, termination of, or refusal to renew the distribution agreement.
(B) The:
(i) nature of; and
(ii) reason for;
the amendment of, cancellation of, termination of, or refusal to renew the distribution agreement. In the case of a notice provided by a primary source of supply under section 2 or 3 of this chapter, the notice must state the reason that constitutes good cause for purposes of those sections.
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 25.5. Distribution Agreements Between a Beer Wholesaler and a Primary Source of Supply › 7.1-3-25.5-6. Waiver of Chapter Prohibited

Sec. 6. (a) A primary source of supply or a beer wholesaler may not waive any provision of this chapter in a distribution agreement or other agreement.
(b) If a beer wholesaler enters into a distribution agreement, supplemental agreement, amendment, or any other agreement with a primary source of supply that waives a law, the beer wholesaler does not waive the rights provided to a beer wholesaler under this chapter.
As added by P.L.139-2021, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 26. Direct Wine Seller's Permit › 7.1-3-26-1. Applicability

Sec. 1. This chapter does not apply to the serving or selling of:
(1) wine in accordance with IC 7.1-3-12; or
(2) brandy in accordance with IC 7.1-3-7.5.
As added by P.L.165-2006, SEC.34.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 26. Direct Wine Seller's Permit › 7.1-3-26-2. "Applicant"

Sec. 2. As used in this chapter, "applicant" means a person that applies to the commission for a direct wine seller's permit.
As added by P.L.165-2006, SEC.34.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 26. Direct Wine Seller's Permit › 7.1-3-26-5. Direct Wine Seller Requirements

Sec. 5. (a) A person located within Indiana or outside Indiana that wants to sell and ship wine directly to a consumer must be the holder of a direct wine seller's permit and comply with this chapter. A person that sells and ships wine directly to a consumer without holding a valid direct wine seller's permit commits a Class A infraction.
(b) The offense described in subsection (a) is:
(1) a Class A misdemeanor if the seller:
(A) knowingly or intentionally violates this section; and
(B) has one (1) prior unrelated conviction or judgment for an infraction under this chapter for an act or omission that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction; and
(2) a Level 6 felony if the seller:
(A) knowingly or intentionally violates this section; and
(B) has at least two (2) prior unrelated convictions or judgments for infractions under this chapter for acts or omissions that occurred not more than ten (10) years before the act or omission that is the basis for the most recent conviction or judgment for an infraction.
As added by P.L.165-2006, SEC.34. Amended by P.L.159-2014, SEC.4.