reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 20. Clubs, Restaurants, and Hotels › 7.1-3-20-27. Restaurants; Service Bars

Sec. 27. (a) This section applies to the premises of a restaurant.
(b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee holds the appropriate permit, from a bar located on the licensed premises that opens to an outside patio or terrace that is contiguous to the main building of the licensed premises of the restaurant.
(c) The holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met:
(1) The patio or terrace area described in subsection (b) is:
(A) part of the licensed premises; and
(B) clearly delineated and completely enclosed on all sides by a barrier that is at least eighteen (18) inches in height.
(2) Minors are allowed on the licensed premises at an outside patio or terrace that contains a bar under subsection (b) only in accordance with IC 7.1-5-7-11.
As added by P.L.133-2016, SEC.4. Amended by P.L.85-2017, SEC.35; P.L.167-2023, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 20. Clubs, Restaurants, and Hotels › 7.1-3-20-28. Beer Gardens

Sec. 28. A retailer permittee may sell or dispense alcoholic beverages for on-premises consumption only in an outdoor beer garden that:
(1) has a bar;
(2) is accessible only through the permit premises; and
(3) is a defined area that is enclosed by:
(A) the outside walls of the permit premises; or
(B) a nontransparent wall that is at least seventy-two (72) inches in height.
As added by P.L.285-2019, SEC.38.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 20. Clubs, Restaurants, and Hotels › 7.1-3-20-28.5. Patio or Rooftop of Civic Center or Recreational Facility

Sec. 28.5. (a) This section applies to the premises of a:
(1) civic center permit; or
(2) retailer's permit that operates as a recreational facility offering bowling, arcade games, and outside volleyball courts or other outside recreational games on the licensed premises.
(b) In accordance with subsection (c), the holder of a:
(1) civic center permit; or
(2) retailer's permit described in subsection (a)(2) which has a gross business of at least one million dollars ($1,000,000) in the retail sale of food;
may, subject to the approval of the commission, sell or dispense alcoholic beverages for which the permittee holds the appropriate permit, for on-premises consumption only, from a bar that is located on an outside patio, porch, veranda, terrace, or rooftop of a building that is contiguous to the main building of the licensed premises.
(c) The holder of the civic center or retailer's permit described in subsection (a)(2) may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met:
(1) The outside area described in subsection (b) is:
(A) part of the licensed premises; and
(B) clearly delineated in some manner by a fence, hedge, rail, wall, or similar barrier.
(2) Except as provided in IC 7.1-5-7-11, if minors are allowed on the premises:
(A) the bar area must be separated from the outside dining area where minors may be served by a structure or barrier that reasonably deters free access and egress, without requirement for doors or gates; and
(B) a conspicuous sign must be posted by the barrier described in clause (A) stating that minors may not cross the barrier to enter the bar area.
As added by P.L.285-2019, SEC.39. Amended by P.L.156-2020, SEC.31.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 20. Clubs, Restaurants, and Hotels › 7.1-3-20-30. Food Hall Vendor's Permit

Sec. 30. (a) The definitions in section 29 of this chapter apply to this section.
(b) As used in this section, "vendor's permit" means a food hall vendor's permit issued to an individual vendor operating within the premises of a food hall for which a master permit is issued under section 29 of this chapter.
(c) The commission may issue a one-, two-, or three-way retailer's permit for on-premises consumption only to an applicant for a vendor's permit that has been approved by the commission to operate within a food hall. However, a vendor to which section 31 of this chapter applies may also sell the alcoholic beverages set forth in section 31(c) of this chapter for off the premises consumption. Each vendor that sells alcoholic beverages within the food hall must obtain a vendor's permit.
(d) Each vendor permittee must satisfy the following requirements:
(1) Each vendor permittee shall:
(A) maintain the vendor permittee's own retail merchant's certificate; and
(B) be responsible for the payment of the vendor permittee's own state gross retail taxes under IC 6-2.5 and withholding taxes required to be remitted under IC 6-3-4.
(2) Each vendor permittee shall conform to all health and safety requirements of local and state agencies.
(3) Each vendor permittee shall comply with all requirements under IC 7.1-5-9-15.
(4) Each vendor permittee shall comply with IC 7.1-5-10-20 with regard to the vendor permittee's own food and beverage vending space. However, IC 7.1-5-10-20 does not prohibit a vendor permittee from establishing sale prices for drinks that are different from the sale prices for comparable drinks that are set by other vendor permittees.
(5) Each vendor permittee is not required to comply with section 9(b) of this chapter.
(6) Each vendor permittee is responsible to the commission for any and all violations of alcohol laws and rules associated with the vendor's permit.
(7) Each applicant for a vendor's permit must comply with 905 IAC 1-36-1 and 905 IAC 1-36-2 and appear before the local alcohol board in the county in which the food hall vendor's permit will be situated. The local board shall only hear evidence on and determine the vendor's permit applicant's eligibility to hold a vendor's permit.
(8) Any vendor permittee that desires to relocate its food and beverage space within the food hall premises may relocate upon the commission's approval of a floor plan change.
(e) A vendor's permit authorized by this section may be issued without regard to the proximity provisions of IC 7.1-3-21-11 or the quota provisions of IC 7.1-3-22.
(f) A vendor's permit may not be transferred to a location outside the permit premises of the food hall. A vendor's permit that is inactive for more than six (6) months shall revert back to the commission or may be deposited with the commission subject to the approval of the commission.
As added by P.L.285-2019, SEC.41. Amended by P.L.194-2021, SEC.47.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 20. Clubs, Restaurants, and Hotels › 7.1-3-20-31. Carryout Sales by Certain Vendor Permittees

Sec. 31. (a) This section applies to the holder of a vendor's permit that owns in whole or in part:
(1) a retailer's permit described in section 30(c) of this chapter; and
(2) one (1) of the following:
(A) A brewer's permit described in IC 7.1-3-2-7(5).
(B) A farm winery permit described in IC 7.1-3-12-3.
(C) An artisan distiller's permit described in IC 7.1-3-27.
(b) The definitions in sections 29 and 30 of this chapter apply to this section.
(c) A holder of a vendor's permit may sell for carryout at the premises for which the retailer's permit was issued:
(1) beer manufactured under the brewer's permit, if the vendor's permit holder has a one-, two-, or three-way retailer's permit;
(2) wine manufactured under the farm winery permit, if the vendor's permit holder has a two- or three-way retailer's permit; or
(3) liquor manufactured under the artisan distiller's permit, if the vendor's permit holder has a three-way retailer's permit.
As added by P.L.194-2021, SEC.48.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-0.1. Certain Amendments to Chapter Do Not Affect Residency Requirement for Beer Wholesaler Contracts Entered Into Before July 1, 2004

Sec. 0.1. Notwithstanding the amendments made to sections 3, 5, 5.2, and 5.4 of this chapter by P.L.72-2004, the residency requirement of five (5) years for beer wholesalers under sections 3, 5, 5.2, and 5.4 of this chapter (as those provisions existed on June 30, 2004) shall remain in effect for all contracts entered into before July 1, 2004, under which a permit is to be transferred from an Indiana resident to a person who was not an Indiana resident at the time of execution of the contract.
As added by P.L.220-2011, SEC.174.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-1. Premises Outside Corporate Limits

Sec. 1. Premises Outside Corporate Limits. The commission shall not issue a permit in respect to premises situated outside the corporate limits of an incorporated city or town except as otherwise specifically provided in this article.
[Pre-1973 Recodification Citation: 7-1-1-8(4).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-2. Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-3. Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.8; P.L.72-2004, SEC.12; P.L.165-2006, SEC.28; P.L.107-2015, SEC.1. Repealed by P.L.194-2021, SEC.49.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-4. Partnership; Qualifications of Members

Sec. 4. The commission shall not issue an alcoholic beverage retailer's or dealer's permit of any type to a partnership unless each member of the partnership possesses the same qualifications as those required of an individual applicant for that particular type of permit.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.10; P.L.105-1995, SEC.5; P.L.165-2006, SEC.29; P.L.107-2015, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-5. Corporations; Officer and Stockholder Qualifications

Sec. 5. Each officer and stockholder of a corporation shall possess all other qualifications required of an individual applicant for that particular type of permit.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.12; P.L.72-2004, SEC.13; P.L.165-2006, SEC.30; P.L.107-2015, SEC.3; P.L.133-2016, SEC.5; P.L.214-2016, SEC.24; P.L.194-2021, SEC.50.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-5.2. Limited Partnerships; Qualifications of Persons Having Partnership Interest

Sec. 5.2. Each general partner and limited partner of a limited partnership must possess all other qualifications required of an individual applicant for that particular type of permit.
As added by P.L.51-1994, SEC.11. Amended by P.L.72-1996, SEC.13; P.L.72-2004, SEC.14; P.L.165-2006, SEC.31; P.L.107-2015, SEC.4; P.L.133-2016, SEC.6; P.L.214-2016, SEC.25; P.L.194-2021, SEC.51.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-5.4. Limited Liability Companies; Manager and Member Qualifications

Sec. 5.4. Each manager and member of a limited liability company must possess all other qualifications required of an individual applicant for that particular type of permit.
As added by P.L.51-1994, SEC.12. Amended by P.L.72-1996, SEC.14; P.L.72-2004, SEC.15; P.L.165-2006, SEC.32; P.L.107-2015, SEC.5; P.L.133-2016, SEC.7; P.L.214-2016, SEC.26; P.L.44-2017, SEC.2; P.L.194-2021, SEC.52.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-5.6. Repealed

As added by P.L.133-2016, SEC.8; P.L.214-2016, SEC.27. Repealed by P.L.194-2021, SEC.53.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-6. Exceptions for Retail and Dealer Partnerships, Corporations, Limited Partnerships, and Limited Liability Companies

Sec. 6. (a) The provisions of sections 4, 5, 5.2, and 5.4 of this chapter concerning retail and dealer partnerships, corporations, limited partnerships, and limited liability companies shall not apply to the issuance of:
(1) a dining car permit;
(2) a boat permit;
(3) a drug store permit;
(4) a grocery store permit;
(5) a hotel permit;
(6) an airplane permit;
(7) a gaming site permit;
(8) a horse track permit;
(9) a satellite facility permit; or
(10) a retail permit to an establishment:
(A) that is sufficiently served by adequate law enforcement at its permit location; and
(B) whose annual gross food sales at the permit location:
(i) exceed one hundred thousand dollars ($100,000); or
(ii) in the case of a new application and as proved by the applicant to the local board and the commission, will exceed two hundred thousand dollars ($200,000) by the end of the two (2) year period from the date of the issuance of the permit.
(b) The commission shall not issue a permit listed in subsection (a) to a foreign:
(1) corporation;
(2) limited partnership; or
(3) limited liability company;
that is not duly qualified to do business in Indiana.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.6; P.L.15-1994, SEC.9; P.L.2-1995, SEC.39; P.L.71-1996, SEC.4; P.L.233-2007, SEC.31.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-7. Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.119. Repealed by P.L.194-2021, SEC.54.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-8. Disclosure of Interested Parties

Sec. 8. The commission shall not issue an alcoholic beverage permit of any type to a person unless that person has on file with the commission a verified list containing the name and address of each person or entity holding at least a two percent (2%) interest in the permit and the business conducted, or to be conducted, under it. If a publicly traded corporation has an interest, the list shall provide the name and address of only:
(1) the chief executive officer;
(2) the chief financial officer;
(3) the chief operating officer; and
(4) the members of the board of directors;
of the corporation. At all times, a change in the list shall be filed by the applicant or permittee with the commission within ten (10) days of the date when the change became effective. The lists, together with any changes, shall be kept on file in the office of the commission and they shall be open to public inspection.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.38; P.L.194-2021, SEC.55.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-9. Public Officers

Sec. 9. The commission shall not issue an alcoholic beverage wholesaler's permit of any type to a person who holds an elective or appointive public office which has the responsibility of enforcing the state laws regulating the sale of alcoholic beverage. The commission may issue an alcoholic beverage wholesaler's permit of any type to a person who holds any other appointive or elective public office.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.104-1989, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-10. Location of Premises; Disclosure

Sec. 10. (a) An application for:
(1) a permit for premises; or
(2) approval of a designated refreshment area under IC 7.1-3-31;
that is situated within a distance of two hundred (200) feet from an elementary or secondary school or church must disclose this fact.
(b) The local board shall state, if required by the commission, in the questionnaire its opinion as to the propriety of granting the particular application.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.6; P.L.167-2023, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-12. Wagering Occupational Tax Stamp

Sec. 12. Wagering Occupational Tax Stamp. The commission shall not issue a permit to sell alcoholic beverages at retail to a person who holds, owns, or possesses a wagering occupational tax stamp issued by the United States internal revenue authorities.
[Pre-1973 Recodification Citation: 7-3-2-2.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-13. 4-H Club Exhibits

Sec. 13. 4-H Club Exhibits. The commission shall not issue a temporary beer permit to a person for the express purpose of selling beer at a place where an organized 4-H club association has an exhibit.
[Pre-1973 Recodification Citation: 7-3-5-1.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 21. Restrictions on Issuance of Permits › 7.1-3-21-14. Indiana State Fair Commission Permit to Sell Alcoholic Beverages on State Fair Grounds; Permitted Activities; Requirements

Sec. 14. (a) The commission shall issue a permit for the sale of alcoholic beverages on the Indiana state fair grounds to the Indiana state fair commission.
(b) The following applies under this section:
(1) A permit holder is entitled to sell alcoholic beverages on the state fair grounds to consumers by the glass.
(2) The state fair commission is entitled to allow a brewery under IC 7.1-3-2-7(5), a farm winery under IC 7.1-3-12, or an artisan distillery under IC 7.1-3-27, to sell alcoholic beverages to consumers for consumption off the state fair grounds:
(A) at a trade show or an exposition at which products of a permittee participant are displayed, promoted, and sold;
(B) at a time other than during the state fair; and
(C) including at a location on the property of the state fair grounds for which a supplemental caterer's permit has been approved.
(3) A permit holder is entitled to permit multiple vendors of the state fair commission with separate permits at different locations on the state fair grounds to sell alcoholic beverages by the glass under the permit.
(4) A permit holder is entitled to receive the permit directly from the commission without local board approval.
(5) A permit holder is not subject to quota restrictions under IC 7.1-3-22-3.
(6) A permit holder is entitled to allow a minor to be present in the places where alcoholic beverages are sold.
(c) The holder of a permit under this section must comply with the following requirements:
(1) File a floor plan of the premises where alcoholic beverages will be served and consumed.
(2) Provide that service of alcoholic beverages may be performed only by servers certified under IC 7.1-3-1.5.
(3) Allow sales during the times prescribed under IC 7.1-3-1-14.
(4) Prohibit sales prohibited under IC 7.1-5-10-1.
(5) Operate under rules adopted by the commission to protect the public interest under IC 7.1-1-1.
[Pre-1973 Recodification Citation: 7-3-6-1.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.165-2006, SEC.33; P.L.28-2014, SEC.1; P.L.285-2019, SEC.43.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-1. Brewers' Permits Limited

Sec. 1. (a) This section applies to a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana.
(b) The commission may issue and have outstanding only one (1) brewer's permit for each unit of population of this state of one hundred and seventy-five thousand (175,000) or major fraction thereof. The commission, however, shall not issue more than four (4) brewer's permits in the same congressional district.
[Pre-1973 Recodification Citation: 7-1-1-9.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.88-1993, SEC.3; P.L.186-2011, SEC.6; P.L.71-2012, SEC.4; P.L.79-2015, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-2. Beer Wholesalers' Permits Limited

Sec. 2. Beer Wholesalers' Permits Limited. The commission may issue only one (1) beer wholesaler's permit in each county in this state. The commission may issue additional beer wholesaler's permits on the basis of one (1) additional permit for each thirty-five thousand (35,000) unit of population, or fraction thereof, in a county whose population exceeds thirty-five thousand (35,000). This section shall not affect the right of renewal, or successive renewals, of a permit in a county in which the quota is now exceeded.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-3. Retailers' Permits Limited

Sec. 3. (a) The commission may grant only one (1) three-way permit, one (1) two-way permit, and one (1) one-way permit in an incorporated city or town or in an unincorporated town for each one thousand five hundred (1,500) persons, or fraction thereof, residing within the incorporated city or town or the unincorporated town. The commission shall include liquor retailer permits issued to clubs, but not those issued to fraternal clubs, in its quota computation when it is considering an application for a new liquor retailer's permit.
(b) This subsection applies when a city or town annexes into the city or town unincorporated territory where a retailer's permit has been granted before the annexation. The commission may only reclassify a retailer's permit for a premises in the former unincorporated territory as a permit for a premises in an incorporated city or town if the permittee has actually conducted a business of selling alcoholic beverages to customers for consumption on the licensed premises for two (2) consecutive years. The period of two (2) consecutive years may begin to run either before or after the annexation occurs. However, the following apply when a person applies for a retailer's permit after notice of an annexation hearing is made under IC 36-4-3-2.1 and before the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit for a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location.
[Pre-1973 Recodification Citations: 7-3-4-3; 7-2-1-21.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.245-2001, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-4.5. Eligible Grocery Store

Sec. 4.5. (a) As used in this section, "eligible grocery store" means a grocery store (as defined in IC 7.1-1-3-18.5(a)(1)) that meets the following criteria:
(1) Is operated in a consolidated city.
(2) Was established in whole or in part through a food empowerment pilot project authorized under P.L.165-2021, SECTION 6 and awarded to a nonprofit corporation for the benefit of establishing the grocery store.
(3) Operates with less than eighteen thousand (18,000) square feet of building space.
(4) Provides access to fresh and healthy foods to individuals in a low income area where access to resources for fresh and healthy food, particularly fresh fruits and vegetables and fresh meat, poultry, and fish, is limited.
(b) The commission shall issue a beer dealer's permit and a wine dealer's permit to an eligible grocery store without regard to the quota provisions of this chapter.
(c) A permit issued under this section is subject to the following:
(1) A permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises.
(2) Notwithstanding IC 7.1-3-1.1, if the premises ceases to qualify as an eligible grocery store for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation.
As added by P.L.220-2023, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-5. Package Liquor Store Dealer's Permit; Renewal

Sec. 5. (a) The commission may issue only one (1) package liquor store dealer's permit in an incorporated city or town for each eight thousand (8,000) persons, or fraction thereof, within the incorporated city or town.
(b) Notwithstanding subsection (a), the commission may renew a package liquor store dealer's permit for an applicant who:
(1) held a permit before July 1, 1997; and
(2) does not qualify for a permit under the quota requirements of subsection (a).
[Pre-1973 Recodification Citations: 7-1-4-6; 7-1-4-7.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.74-1997, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-6. Hotels Excluded From Quota

Sec. 6. A three-way permit, regardless of when issued, that is issued to a permittee whose licensed premises consist of a hotel and which premises are located within an incorporated city or town, shall not be included in the quota of three-way permits that may be issued lawfully to premises located within one (1) incorporated city, town, or unincorporated town.
[Pre-1973 Recodification Citation: 7-3-4-4.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.136-2018, SEC.41.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-7. Existing Permits Unaffected

Sec. 7. The provisions of sections 3, 4, and 5 of this chapter shall apply only to applications for new permits and they shall not affect existing permits and transfers of them, whether from person to person or location to location, nor shall they effect any of the limitations, rights and privileges reserved to package liquor store dealers, or special types or kinds of retailer's permits, nor the restrictions on the issuance of permits to premises situated outside an incorporated city or town.
[Pre-1973 Recodification Citations: 7-3-4-3; 7-1-4-7.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.121.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-8. Quota Determination; Restrictions; Permissible Geographic Location

Sec. 8. In making quota determinations under this article, the population of a consolidated city is the population of its fire special service district, except to the extent that the case of Indiana Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118, 286 N.E.2d 174, has determined otherwise. However, the number of liquor dealer's permits issued to proprietors of package liquor stores located in the fire special service district may not exceed the number issued as of January 1, 1977. For purposes of this article relating to the permissible geographic location of package liquor store dealer permit holders, the area of a consolidated city is the area of the entire county.
[Pre-Local Government Recodification Citation: 18-4-14-1 part.]
As added by Acts 1980, P.L.8, SEC.66.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-9. Bidding for Permits; Fees; Rules; Notice

Sec. 9. (a) This section applies to any permit that is subject to the quota provisions of this chapter unless the permit is obtained by sale, assignment, or transfer under IC 7.1-3-24 and a permit described in IC 7.1-3-20-16(j).
(b) Whenever a permit to which this chapter applies becomes available, the commission shall offer an opportunity to bid for that permit to all persons who are qualified to receive that permit and who have indicated a desire to obtain that permit. The commission shall receive bids at an auction that it conducts. The highest bidder at the commission's auction who is qualified to receive the permit in all respects, including a determination by the local board that the person:
(1) does not have a conviction described in IC 7.1-3-4-2(a)(3) that has not been expunged under IC 35-38-9; and
(2) is of good repute in the community in which that person resides;
is entitled to receive the permit. This bidder shall pay the amount of the bid at the time the permit is issued as a special fee for initial issuance of the permit.
(c) The special fee for initial issuance of a permit that is prescribed by this section is in addition to any other fees imposed by this title.
(d) All fee revenues collected under this section are subject to IC 7.1-4-7-4.
(e) Thirty (30) days before a local board holds a hearing concerning an applicant for a permit described in IC 7.1-3-20-16(j), the commission shall provide notice of the hearing to the:
(1) city or town council; and
(2) mayor's office;
of the city or town in which the municipal lakefront development project is located.
(f) The commission shall post signs indicating when and where a hearing described in subsection (e) will take place.
(g) The commission shall adopt rules under IC 4-22-2 to implement this section.
As added by P.L.32-1988, SEC.2. Amended by P.L.285-2019, SEC.44; P.L.172-2021, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 22. Quotas on Issuance of Permits › 7.1-3-22-10. City or Town Purchasing Permit Issued in Excess of Quota; Return and Retirement of Permit

Sec. 10. (a) This section applies to a permit subject to a quota under this article that:
(1) exceeds the permissible number of permits under the quota; and
(2) is eligible for renewal by law despite the permit exceeding the quota.
(b) A city or town may purchase a permit described in subsection (a) from the permit holder. The purchase price must be agreed to by:
(1) the permit holder; and
(2) the executive (as defined in IC 36-1-2-5) of the respective city or town, with the approval of the legislative body (as defined in IC 36-1-2-9) of the respective city or town.
(c) The executive of a city or town that purchases a permit under subsection (b) shall return the permit to the commission.
(d) The commission shall retire a permit received under subsection (c) and may not issue to another person a permit received under subsection (c).
As added by P.L.66-1998, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-1. No Right to Compel Issuance

Sec. 1. No Right to Compel Issuance. An applicant for a permit of any type authorized by this title shall have no right to compel the issuance of a permit to him unless otherwise provided in this title.
[Pre-1973 Recodification Citations: 7-1-1-13; 7-1-1-42(5).]
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 › 7.1-3-23-2. Fine, Suspension, and Revocation of Alcohol Permit or Tobacco Certificate

Sec. 2. (a) The commission may:
(1) fine or suspend or revoke the permit or certificate of; or
(2) fine and suspend or revoke the permit or certificate of;
a permittee for the violation of a provision of this title or of a rule or regulation of the commission. The commission may fine a permittee for each day the violation continues if the violation is of a continuing nature.
(b) The commission shall revoke the permit of a permittee for the violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence.
[Pre-1973 Recodification Citations: 7-1-7-1; 7-1-7-4.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.62; P.L.3-2008, SEC.69; P.L.285-2019, SEC.45.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-3. Maximum Penalties

Sec. 3. The commission, pursuant to section 2 of this chapter, may impose upon a permittee the following civil penalties:
(1) An amount of not more than four thousand dollars ($4,000) for each violation if the permittee is a brewer, an artisan distiller, or a distiller.
(2) An amount of not more than two thousand dollars ($2,000) for each violation if the permittee is a wholesaler of any type.
(3) An amount of not more than one thousand dollars ($1,000) for each violation if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2).
[Pre-1973 Recodification Citation: 7-1-7-2.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.32-1988, SEC.3; P.L.109-2013, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-4. Additional Fine

Sec. 4. The commission, if a fine imposed pursuant to IC 7.1-3-23-2 is not paid according to the order of commission, may suspend or add to the period of suspension of a permit in the following increments:
(1) A period of one (1) day for each one hundred dollars ($100) remaining unpaid if the permittee is a brewer, an artisan distiller, or a distiller.
(2) A period of one (1) day for each fifty dollars ($50) remaining unpaid if the permittee is a wholesaler of any type.
(3) A period of one (1) day for each twenty-five dollars ($25) remaining unpaid if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2).
[Pre-1973 Recodification Citation: 7-1-7-3.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-5. Revocation of Permits

Sec. 5. The commission shall revoke a permit of any type only on account of the violation of, or refusal to comply with, a provision of this title or of a rule or regulation of the commission, or on account of a violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence.
[Pre-1973 Recodification Citation: 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.63.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-6. Revocation of Permits; Procedure

Sec. 6. Revocation of Permits: Procedure. The commission shall give at least ten (10) days notice to the holder of the permit proposed to be revoked. The notice shall inform the holder of the time and place of the hearing to be held in regard to the proposed revocation. Unless otherwise provided in this title, all further procedures with reference to the revocation of a permit shall be prescribed by rule and regulation of the commission.
[Pre-1973 Recodification Citation: 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 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-7. Suspension; General Rule

Sec. 7. (a) Except as provided in subsection (b), the commission, after notice and hearing, and for cause other than that expressly provided in this title, may suspend a permit to manufacture, transport or sell alcoholic beverages for not longer than thirty (30) days for the violation of a provision of this title, or for the failure or the refusal to comply with a rule or regulation of the commission.
(b) This subsection applies to an individual charged with a Class B misdemeanor for violating IC 7.1-5-10-15(a). Upon receiving notice of charges filed under IC 7.1-5-10-15(a), the commission:
(1) shall hold a hearing under section 6 of this chapter; and
(2) may suspend the permit of the individual charged with the violation until disposition of the charges.
[Pre-1973 Recodification Citation: 7-1-1-43.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.125-2000, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-8. Procedure Applicable

Sec. 8. A proceeding before the commission which could result in the revocation or suspension in excess of three (3) days of the permit of a permittee authorized to sell alcoholic beverages at retail shall be conducted in the manner prescribed in section 6 of this chapter.
[Pre-1973 Recodification Citation: 7-2-3-1.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.100-1983, SEC.2; P.L.7-1987, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-9. Judicial Review

Sec. 9. Whenever the permit of a permittee authorized to sell alcoholic beverages at retail is revoked or suspended in excess of three (3) days by action of the commission, the aggrieved permittee may seek judicial review of the action by following IC 4-21.5-5, except that the action for judicial review shall be filed in the circuit or superior court having jurisdiction in the county in which the licensed premises are located.
[Pre-1973 Recodification Citation: 7-2-3-2(a).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.100-1983, SEC.3; P.L.7-1987, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-10. Repealed

[Pre-1973 Recodification Citation: 7-2-3-2(b).]
Formerly: Acts 1973, P.L.55, SEC.1. 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 › 7.1-3-23-11. Nonrenewal; Judicial Review Available

Sec. 11. Whenever an application for the renewal of a permit to sell alcoholic beverages at retail, except a temporary beer or wine permit, is denied by the commission, the applicant may seek judicial review of that action by following IC 4-21.5-5, except that the action for judicial review shall be filed in the circuit or superior court having jurisdiction in the county in which the licensed premises are located. However, this section shall not apply to a denial of a transfer of a permit to either another holder or location, or both.
[Pre-1973 Recodification Citation: 7-2-3-3.]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.6. As amended by P.L.7-1987, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-12. Cessation of Qualifications

Sec. 12. Cessation of Qualifications. The commission may revoke the permit of a permittee if he at any time ceases to possess any of the qualifications, including the alteration or cessation of the particular business or type of business then engaged in, which qualifies him to hold that permit, required for the issuance of that particular type of permit under this title.
[Pre-1973 Recodification Citation: 7-1-1-8(5).]
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 › 7.1-3-23-13. Location of Premises

Sec. 13. Location of Premises. The commission may void a permit issued upon an application not fully disclosing the true facts in respect to the location of the premises for which the permit applied for is to be applicable.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
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 › 7.1-3-23-14. Revocation for Refusal to Allow Examination

Sec. 14. Revocation for Refusal to Allow Examination. The commission shall revoke the permit of a person, or refuse to issue a permit to a person, who refuses to permit the lawful examination of his books, papers, and records, or the investigation and examination of his premises by the commission.
[Pre-1973 Recodification Citation: 7-1-1-41(e).]
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 › 7.1-3-23-15. Repealed

[Pre-1973 Recodification Citation: 7-1-1-3(n).]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.250-2003, SEC.18.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-16. Revocation Upon Conviction

Sec. 16. The commission may revoke:
(1) a wholesaler's, retailer's, or dealer's permit of any type;
(2) the permit of a farm winery that sells and delivers under IC 7.1-3-12-5(a)(14); or
(3) the permit of an artisan distillery that sells and delivers under IC 7.1-3-27-8(a)(11);
after final judgment of conviction for an offense defined in this title. The commission may revoke the permit of a holder listed in subdivision (1) through (3) upon a second violation of a provision of this title whether a judgment of conviction ensues or not.
[Pre-1973 Recodification Citation: 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.250-2003, SEC.12; P.L.194-2021, SEC.57.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-17. Revocation for Possession of Wagering Stamps

Sec. 17. Revocation for Possession of Wagering Stamp. The commission shall revoke the permit of a retail permittee who purchases, holds, or has in his possession a wagering occupational tax stamp issued by the United States internal revenue authorities.
[Pre-1973 Recodification Citation: 7-3-2-3.]
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 › 7.1-3-23-18. Repealed

[Pre-1973 Recodification Citation: 7-2-1-24.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-19. Revocation for Allowing Minor on Premises

Sec. 19. The commission shall revoke the permit of a person who violates a provision of IC 7.1-5-7-14, and that person shall be ineligible to obtain another permit thereafter.
[Pre-1973 Recodification Citation: 7-2-1-9(e).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.122.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-20. Revocation for False Information of Interested Parties

Sec. 20. The commission shall deny the application, or revoke the permit, of a person who:
(1) includes on the list of interested parties required to be filed by IC 7.1-3-21-8, a:
(A) fictitious name; or
(B) a person disqualified under this title from having an interest in an alcoholic beverage permit; or
(2) omits from the list the name of a person whose name should be on it.
The commission shall take the same action if the applicant or permittee fails to keep the list current as required by that section.
[Pre-1973 Recodification Citation: 7-2-1-13.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.40.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-21. Revocation Upon Petition

Sec. 21. Revocation upon Petition. The commission shall revoke the permit of a retail permittee upon the petition of sixty-six per cent (66%) of the registered voters of a township or precinct stating that the permittee within that township or precinct has been convicted, either before a court or the commission, of a violation of a provision of this title. However, this section shall not apply to the permit of a bona fide fraternal club.
[Pre-1973 Recodification Citation: 7-2-1-9(i).]
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 › 7.1-3-23-22. Contents of Petition

Sec. 22. The petition authorized by section 21 of this chapter shall be addressed to the commission and shall specify the name and business address of the permittee against whom the petition is directed. The petition shall bear on each page the name and address of the circulator of the petition, who shall be a registered voter in the particular township or precinct, together with the notarized attestation of the circulator that the signatures obtained on the petition were obtained only after a full and clear explanation of the purpose of the petition. The petition also shall bear the certification of the clerk of the circuit court of the county in which the township or precinct is located attesting that the signatures on the petition are those of duly registered voters of the particular township or precinct together with a statement by the clerk as to the total vote cast in that township or precinct for the office of secretary of state in the last preceding general election for that office.
[Pre-1973 Recodification Citation: 7-2-1-9(i).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.123.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-23. Revocation for Prohibited Interest; Beer

Sec. 23. (a) This section applies to a brewer that manufactures, in aggregate, more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana.
(b) The commission shall revoke the permit of a brewer or beer wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-3.
[Pre-1973 Recodification Citation: 7-1-1-42(o).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.88-1993, SEC.4; P.L.186-2011, SEC.7; P.L.71-2012, SEC.5; P.L.79-2015, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-24. Revocation of Liquor Wholesaler Permit for Having Prohibited Interest

Sec. 24. The commission shall revoke the permit of a liquor wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-6.
[Pre-1973 Recodification Citation: 7-1-1-42(p).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.124; P.L.279-2019, SEC.7.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 23. Denial, Suspension, and Revocation of Permits › 7.1-3-23-25. Revocation for Violation of Agreement

Sec. 25. The commission, after notice and hearing, may suspend for no more than thirty (30) days, or revoke, an agreement and bond filed pursuant to IC 7.1-3-2-4, and IC 7.1-3-2-5, if the principal violates the principal's agreement with the commission. The commission also may take action on the bond if it revokes the agreement. A principal whose agreement and bond is suspended or revoked by the commission may seek judicial review of that action as provided in this chapter.
[Pre-1973 Recodification Citation: 7-2-2-5.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.125.