reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-1. Issuance of Permit

Sec. 1. (a) The commission may issue a gaming site permit to a person who has been issued:
(1) a riverboat owner's license under IC 4-33-6;
(2) an operating agent contract under IC 4-33-6.5; or
(3) a gambling game license under IC 4-35;
to sell alcoholic beverages for on-premises consumption only. The permit may be a single permit even though more than one (1) area constitutes the licensed premises of the permit.
(b) A permit issued under this chapter to a person who has been issued a riverboat owner's license or an operating agent contract (as defined in IC 4-33-2-14.6) may be used:
(1) on the riverboat; and
(2) in a restaurant owned by the person who has been issued a riverboat owner's license or an operating agent contract (as defined in IC 4-33-2-14.6) if the restaurant is located on property adjacent to the property used by the riverboat for docking purposes.
(c) A permit issued under this chapter to a person who has been issued a gambling game license under IC 4-35 may be used at a slot machine facility licensed under IC 4-35.
As added by P.L.15-1994, SEC.4. Amended by P.L.92-2003, SEC.61; P.L.233-2007, SEC.24; P.L.94-2008, SEC.35.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-2. Quota Provisions Inapplicable

Sec. 2. The commission shall issue a gaming site permit without regard to the quota provisions of IC 7.1-3-22.
As added by P.L.15-1994, SEC.4. Amended by P.L.233-2007, SEC.25.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-3. Fee Limitations Inapplicable

Sec. 3. A gaming site permit is not subject to the fee limitations otherwise set forth in IC 7.1.
As added by P.L.15-1994, SEC.4. Amended by P.L.233-2007, SEC.26.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-4. Adoption of Emergency Rules

Sec. 4. The commission may adopt emergency rules under IC 4-22-2-37.1 concerning the following for a gaming site permit:
(1) Issuance.
(2) Scope.
(3) Permit fee.
(4) Expiration.
(5) Revocation and suspension.
As added by P.L.15-1994, SEC.4. Amended by P.L.233-2007, SEC.27.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-5. Gaming Site Permits

Sec. 5. The commission may adopt rules under IC 4-22-2 concerning the following for a gaming site permit:
(1) Issuance.
(2) Scope.
(3) Permit fee.
(4) Expiration.
(5) Revocation and suspension.
As added by P.L.28-1996, SEC.2. Amended by P.L.233-2007, SEC.28.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-6. Gaming Site Permits; Providing Alcoholic Beverages to Guests Free of Charge

Sec. 6. Notwithstanding IC 7.1-5-5-7, the holder of a gaming site permit may, subject to the approval of the commission, provide alcoholic beverages to guests without charge at an event on the licensed premises.
As added by P.L.250-2003, SEC.10. Amended by P.L.72-2004, SEC.10; P.L.233-2007, SEC.29; P.L.94-2008, SEC.36; P.L.15-2011, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.5. Excursion and Adjacent Landsite Permit › 7.1-3-17.5-7. "Gaming Facility"; "Server"; Employees of Lessees and Caterers

Sec. 7. (a) As used in this section, "gaming facility" refers to one (1) or more of the following:
(1) A riverboat (as defined in IC 4-33-2-17).
(2) A slot machine facility licensed under IC 4-35.
(3) Any hotel, golf course, or other facility that is:
(A) owned by a person holding a gaming site permit; and
(B) related to the operation of the holder's riverboat or slot machine facility.
(b) As used in this section, "server" means an individual who serves alcoholic beverages at a gaming facility.
(c) Except as provided in subsection (d), a server is not required to be employed by a person holding a gaming site permit if the server satisfies the following requirements:
(1) The server is employed by a person who:
(A) leases space at a gaming facility for the purpose of providing food or beverages to the patrons of the gaming facility; or
(B) is a caterer or other person contracted to provide food or beverages at an event held at the gaming facility.
(2) The server holds a valid employee permit issued under IC 7.1-3-18-9.
(d) A server who serves alcoholic beverages in a gaming area (as defined in the rules adopted by the Indiana gaming commission) must be employed by a person holding a gaming site permit.
As added by P.L.15-2011, SEC.12.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.7. Horse Track and Satellite Facility Permits › 7.1-3-17.7-1. Issuance of Permit

Sec. 1. (a) Except as provided in subsection (c), the commission may issue a horse track permit to a person who has been issued a recognized meeting permit under IC 4-31-5 to sell alcoholic beverages for on-premises consumption only. The permit may be a single permit even though more than one (1) area constitutes the licensed premises of the permit.
(b) The commission may issue a satellite facility permit to a person who has been issued a satellite facility license under IC 4-31-5.5 to sell alcoholic beverages for on-premises consumption only.
(c) This chapter does not apply to a slot machine facility licensed under IC 4-35.
As added by P.L.15-1994, SEC.5. Amended by P.L.233-2007, SEC.30.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.7. Horse Track and Satellite Facility Permits › 7.1-3-17.7-2. Quota Provisions Inapplicable

Sec. 2. The commission shall issue a horse track permit or a satellite facility permit without regard to the quota provisions of IC 7.1-3-22.
As added by P.L.15-1994, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.7. Horse Track and Satellite Facility Permits › 7.1-3-17.7-3. Fee Limitations Inapplicable

Sec. 3. A horse track permit or a satellite facility permit is not subject to the fee limitations otherwise set forth in IC 7.1.
As added by P.L.15-1994, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.7. Horse Track and Satellite Facility Permits › 7.1-3-17.7-4. Ic 7.1-3-21-1 Inapplicable

Sec. 4. A horse track permit or a satellite facility permit is not subject to the provisions of IC 7.1-3-21-1.
As added by P.L.15-1994, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.7. Horse Track and Satellite Facility Permits › 7.1-3-17.7-5. Adoption of Administrative Rules

Sec. 5. The commission may adopt rules under IC 4-22-2, including emergency rules adopted in the manner provided under IC 4-22-2-37.1, concerning the following for a horse track permit or a satellite facility permit:
(1) Issuance.
(2) Scope.
(3) Permit fee.
(4) Expiration.
(5) Revocation and suspension.
As added by P.L.15-1994, SEC.5. Amended by P.L.106-1995, SEC.12; P.L.291-2013, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.8. State Park Liquor Permits › 7.1-3-17.8-1. Department of Natural Resources Permits

Sec. 1. The department of natural resources may apply for a three-way permit for one (1) or more state parks. A three-way permit for a state park may be a single permit, even though more than one (1) area within the state park constitutes the licensed premises of the permit.
As added by P.L.214-2016, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.8. State Park Liquor Permits › 7.1-3-17.8-2. Permits Exempt From Certain Requirements

Sec. 2. A permit issued under this chapter is not subject to:
(1) IC 7.1-3-21-1; and
(2) 905 IAC 1-27-4.
As added by P.L.214-2016, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.8. State Park Liquor Permits › 7.1-3-17.8-3. State Park Areas Not Prohibited From Price Discrimination

Sec. 3. Separate areas within a state park are not subject to IC 7.1-5-5-7.
As added by P.L.214-2016, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.8. State Park Liquor Permits › 7.1-3-17.8-4. Exemption From Notice and Quota Requirements

Sec. 4. Upon application, the commission shall issue a permit to the department of natural resources for a state park without:
(1) publication of notice or investigation before a local board; and
(2) regard to the quota provisions of IC 7.1-3-22.
As added by P.L.214-2016, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 17.8. State Park Liquor Permits › 7.1-3-17.8-5. Laws Regarding Alcoholic Beverages, E-Liquids, and Tobacco Apply to Entity Operating on State Park Property

Sec. 5. Except as provided in sections 2 and 3 of this chapter, an entity that operates on state park property under a permit issued by the commission to:
(1) the department of natural resources under this chapter; or
(2) the entity under this article;
shall operate within the park property in accordance with the provisions of this title that regulate the sale and use of alcoholic beverages, e-liquid (as defined in IC 7.1-7-2-10), and tobacco products (as defined in (IC 7.1-6-1-3).
As added by P.L.214-2016, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-1. Carriers' Alcoholic Permits

Sec. 1. Carriers' Alcoholic Permits: Application and Issuance. The commission may issue a carrier's alcoholic permit to a person who is a carrier upon a showing of the reliability and responsibility of the carrier and the propriety of issuing the permit. The commission may issue a carrier's alcoholic permit without publication of notice and investigation by a local board.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-2. Carriers' Alcoholic Permits; Scope

Sec. 2. Carriers' Alcoholic Permits: Scope. A carrier's alcoholic permit shall be required only for, and be applicable to, the movement, conveyance, importation and transportation of alcohol and alcoholic beverages on a public highway in this state. A carrier's alcoholic permit shall not be required when the conveyance, movement, importation, or transportation is conducted by means of cars or trains operated by a railroad of any type over fixed rails.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-3. Permits Required

Sec. 3. Permits Required. A carrier shall be required to apply for and obtain a carrier's alcoholic permit before he may haul, convey, transport, or import alcoholic beverages on a public highway of this state or crossing a boundary of it.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-4. Permits Required; Exception

Sec. 4. Permits Required: Exception. A carrier who transports beer manufactured in Indiana for consumption outside this state shall not be required to obtain a carrier's alcoholic permit if the beer has been manufactured under a brewer's permit and if in the judgment of the commission, through safeguards provided by the co-operation of the brewer, the issuance of a permit to the carrier is not necessary to protect the interests of the State of Indiana.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-5. Description of Vehicles

Sec. 5. Description of Vehicles. A carrier's alcoholic permit shall not be operative as to a vehicle owned or operated by the carrier and shall not authorize the transportation or conveyance of alcoholic beverages in it unless a description of the vehicle is first filed with the commission. The description of the vehicle shall include the engine number, date of manufacture, approximate weight, motor vehicle number, all license plate numbers, capacity, and any other information that the commission may require. The filing of the required information shall include that vehicle in the coverage of the permit. The permittee may alter or add to the number of vehicles included under the permit from time to time.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-6. Surety Bond

Sec. 6. Surety Bond. The commission also may, at the time of the issuance of a carrier's alcoholic permit, or at any other time thereafter, require a surety bond in a penal sum not to exceed five hundred dollars ($500), executed by the permittee and payable to the State of Indiana. The bond shall be conditioned that he will not violate a provision of this title, or a rule or regulation of the commission pertaining to the business in which he is engaged under his permit. If a surety bond is required by the commission, the permit, although previously issued, shall not be in force and the permittee shall not operate under it until the surety bond has been duly executed, approved and filed with the commission.
[Pre-1973 Recodification Citation: 7-1-1-30.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-7. Salesmen's Permits; Application and Issuance

Sec. 7. Salesmens' Permits: Application and Issuance. The commission may issue a salesman's permit to a person who desires to act as a salesman. The applicant shall state in the application the county or counties within Indiana within which the applicant desires to act as a salesman. The application and the permit issued by the commission shall set forth the name and address of the person whom the salesman represents. The application and permit also shall state if the salesman is acting for himself as principal. The application also shall include reasonable rules as the commission may prescribe from time to time.
[Pre-1973 Recodification Citation: 7-2-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-8. Salesmen's Permits; Scope

Sec. 8. (a) The holder of a salesman's permit is not entitled to represent a person whose name does not appear on the permit as the permittee's employer, if employed by another, nor may the permittee act for any other person not named in the permit.
(b) Subject to subsection (c), a permittee is not entitled to act as a salesman for more than one (1) person under one (1) permit. However, the commission may issue additional permits to the salesman for additional principals.
(c) A permittee may act as a salesman for more than one (1) person under one (1) permit if:
(1) the permittee is an Internet company; and
(2) the Internet company provides the commission with the names of each permittee for whom the Internet company is a salesman in conformity with the rules adopted by the commission.
[Pre-1973 Recodification Citation: 7-2-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.30.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-9.5. Exception to Revocation of Employee's Permit for Conviction of Operating While Intoxicated

Sec. 9.5. (a) This section applies only to an employee who:
(1) holds an employee's permit issued under section 9 of this chapter;
(2) is convicted of operating while intoxicated;
(3) does not have a prior conviction for operating while intoxicated; and
(4) was at least twenty-one (21) years of age at the time the employee committed the offense of operating while intoxicated for which the employee was convicted.
(b) The commission shall send to the most recent mailing address that the commission has on file a written notice to an employee that the employee's permit will be revoked six (6) months after the date of sentencing for the conviction of operating while intoxicated unless the employee submits to the commission, on a form prescribed by the commission, information verifying that the employee has completed an appropriate substance abuse treatment or education program that was provided by a provider certified by the division of mental health and addiction.
(c) If an employee fails to submit the information as required under subsection (b) within six (6) months from the date of the sentencing, the commission shall revoke the employee's permit.
As added by P.L.196-2015, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-10. Repealed

[Pre-1973 Recodification Citation: 7-2-1-9(f).]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18. Carriers', Salesmen's, and Employees' Permits › 7.1-3-18-11. Temporary Bartender's Permit

Sec. 11. (a) The commission may issue a temporary bartender's permit to any person who is at least twenty-one (21) years of age for any of the following purposes:
(1) To be a bartender at any activity or event for which a temporary permit is issued under IC 7.1-3-6 (beer) or IC 7.1-3-16 (wine).
(2) To be a bartender at a nonprofit club for a maximum of four (4) days in a year during the same time that a fair or festival is held in the community where the club is located. However, the commission may only issue a maximum of twenty (20) temporary bartender's licenses for use in one (1) club during one (1) fair or festival.
(b) A temporary bartender's permit is the only license that is required for persons to serve as bartenders for the purposes described in subsection (a).
(c) A temporary bartender at a club may dispense any alcoholic beverage that the club's permit allows the club to serve.
(d) The fee for a temporary bartender's permit is five dollars ($5).
(e) The commission may by rule provide procedures for the issuance of a temporary bartender's permit.
(f) The commission shall revoke a permit issued to a bartender under this section if the bartender is convicted of a Class B misdemeanor for violating IC 7.1-5-10-15(a).
As added by P.L.77-1988, SEC.4. Amended by P.L.52-1992, SEC.7; P.L.125-2000, SEC.2; P.L.224-2005, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-1. Tobacco Sales Certificate Required

Sec. 1. (a) A person may not sell or otherwise distribute in exchange for consideration a tobacco product or electronic cigarette at retail without a valid tobacco sales certificate issued by the commission.
(b) A certificate may be issued only to a person who owns or operates at least one (1) of the following:
(1) A premises consisting of a permanent building or structure where the tobacco product or electronic cigarette is sold or distributed.
(2) A premises upon which a cigarette vending machine is located.
As added by P.L.250-2003, SEC.11. Amended by P.L.231-2015, SEC.1; P.L.86-2018, SEC.113; P.L.32-2019, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-2. Information Required; Fees; Certification for Each Location; Display of Certificate; Denial; Requirements

Sec. 2. (a) A person who desires a certificate must provide the following to the commission:
(1) The applicant's name and mailing address and the address of the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of two hundred dollars ($200).
(3) The name under which the applicant transacts or intends to transact business.
(4) The address of the applicant's principal place of business or headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(b) A separate certificate is required for each location where the tobacco products or electronic cigarettes are sold or distributed.
(c) A certificate holder shall conspicuously display the holder's certificate on the holder's premises where the tobacco products or electronic cigarettes are sold or distributed.
(d) Any intentional misstatement or suppression of a material fact in an application filed under this section constitutes grounds for denial of the certificate.
(e) A certificate may be issued only to a person who meets the following requirements:
(1) If the person is an individual, the person must be at least twenty-one (21) years of age.
(2) The person must be authorized to do business in Indiana.
(3) The person has not had an interest in a certificate revoked by the commission for that business location within the preceding one (1) year.
(f) The fees collected under this section shall be deposited in the enforcement and administration fund under IC 7.1-4-10.
As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005, SEC.10; P.L.94-2008, SEC.37; P.L.231-2015, SEC.2; P.L.49-2020, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-2.6. Statement of Consent

Sec. 2.6. An application for a tobacco certificate must contain the express statement of the applicant that the applicant consents for the duration of the certificate term (if the commission issues the certificate to the applicant) to the entrance, inspection, and search by an enforcement officer, without a warrant or other process, of the applicant's retail premises to determine whether the applicant is complying with the provisions of this title. The consent required by this section is renewed and continued by the retention of a certificate or the certificate's use by the applicant or the applicant's agents.
As added by P.L.94-2008, SEC.38.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-3. Contents of Certificate; Term of Certificate; Nontransferable

Sec. 3. (a) A certificate issued by the commission under this chapter must contain the following information:
(1) The certificate number.
(2) The certificate holder's name.
(3) The permanent location of the business or vending machine for which the certificate is issued.
(4) The expiration date of the certificate.
(b) A certificate is:
(1) valid for three (3) years after the date of issuance, unless the commission suspends the certificate; and
(2) nontransferable.
As added by P.L.250-2003, SEC.11. Amended by P.L.224-2005, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-4. Adoption of Rules

Sec. 4. The commission may adopt rules under IC 4-22-2 to establish procedures for the issuance, renewal, and reinstatement of a certificate.
As added by P.L.250-2003, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-5. Certificate Suspension; Revocation; Notice and Hearing

Sec. 5. (a) Subject to subsection (b), the commission may suspend the certificate of a person who fails to pay a civil penalty imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8.
(b) Before enforcing the imposition of a civil penalty or suspending or revoking a certificate under this chapter, the commission shall provide written notice of the alleged violation to the certificate holder and conduct a hearing. The commission shall provide written notice of the civil penalty or suspension or revocation of a certificate to the certificate holder.
(c) Subject to subsection (b), the commission shall revoke the certificate of a person upon a finding by a preponderance of the evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, IC 35-45-5-4, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, or IC 35-46-1-11.8;
(2) has committed habitual illegal sale of tobacco as established under IC 35-46-1-10.2(j); or
(3) has committed habitual illegal entrance by a minor as established under IC 35-46-1-11.7(f).
As added by P.L.250-2003, SEC.11. Amended by P.L.227-2007, SEC.61; P.L.94-2008, SEC.39; P.L.214-2016, SEC.11; P.L.49-2020, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-6. Reinstatement or Renewal; Failure to Pay Civil Penalty; Class B Infraction; Fee

Sec. 6. (a) If a certificate has:
(1) expired; or
(2) been suspended;
the commission may not reinstate or renew the certificate until all civil penalties imposed against the certificate holder for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, or IC 35-46-1-11.8 have been paid.
(b) The failure to pay a civil penalty described in subsection (a) is a Class B infraction.
(c) If a certificate has been revoked, the commission may not reinstate or renew the certificate for at least one hundred eighty (180) days after the date of revocation. The commission may reinstate or renew the certificate only upon a reasonable showing by the applicant that the applicant shall:
(1) exercise due diligence in the sale of tobacco products or electronic cigarettes on the applicant's premises where the tobacco products or electronic cigarettes are sold or distributed; and
(2) properly supervise and train the applicant's employees or agents in the handling and sale of tobacco products or electronic cigarettes.
If a certificate is reinstated or renewed, the applicant of the certificate shall pay an application fee of one thousand dollars ($1,000).
(d) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the youth tobacco education and enforcement fund established under IC 7.1-6-2-6.
As added by P.L.250-2003, SEC.11. Amended by P.L.94-2008, SEC.40; P.L.231-2015, SEC.3; P.L.214-2016, SEC.12; P.L.49-2020, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-7. Tobacco Product or Electronic Cigarette Sales Without Certificate; Penalty

Sec. 7. (a) A person who is required to have a certificate under this chapter and who sells or distributes tobacco products or electronic cigarettes without a valid certificate commits a Class A infraction. Each violation of this section constitutes a separate offense.
(b) Notwithstanding IC 34-28-5-5(c), civil penalties collected under this section must be deposited in the Richard D. Doyle youth tobacco education and enforcement fund established under IC 7.1-6-2-6.
As added by P.L.250-2003, SEC.11. Amended by P.L.252-2003, SEC.4; P.L.231-2015, SEC.4.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-8. Mitigate Civil Penalties

Sec. 8. The commission may mitigate civil penalties imposed against a certificate holder for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11, IC 35-46-1-11.2, IC 35-46-1-11.4, IC 35-46-1-11.5, IC 35-46-1-11.7, IC 35-46-1-11.8, or any of the provisions of this chapter if a certificate holder provides a training program for the certificate holder's employees that includes at least the following topics:
(1) Laws governing the sale of tobacco products and electronic cigarettes.
(2) Methods of recognizing and handling customers who are less than twenty-one (21) years of age.
(3) Procedures for proper examination of identification cards to verify that customers are under twenty-one (21) years of age.
As added by P.L.94-2008, SEC.41. Amended by P.L.231-2015, SEC.5; P.L.214-2016, SEC.13; P.L.49-2020, SEC.6.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-9. Exercise Due Diligence; Supervision and Training of Employees or Agents; Prima Facie Evidence of Lack of Due Diligence

Sec. 9. A certificate holder shall exercise due diligence in the supervision and training of the certificate holder's employees or agents in the handling and sale of tobacco products and electronic cigarettes on the holder's retail premises. Proof that employees or agents of the certificate holder, while in the scope of their employment, committed at least six (6) violations relating to IC 35-46-1-10.2(b) in any one (1) year period shall be prima facie evidence of a lack of due diligence by the certificate holder in the supervision and training of the certificate holder's employees or agents.
As added by P.L.94-2008, SEC.42. Amended by P.L.231-2015, SEC.6; P.L.49-2020, SEC.7.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-10. Failure to Attend Hearing

Sec. 10. (a) If a certificate holder fails to attend or participate in a hearing without good cause, the hearing judge may recommend to the commission that the commission suspend or revoke the certificate holder's certificate or impose a fine on the certificate holder of up to one thousand dollars ($1,000).
(b) A hearing judge may grant a continuance of a hearing upon written motion showing good cause for the continuance.
As added by P.L.94-2008, SEC.43.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 18.5. Tobacco Sales Certificate › 7.1-3-18.5-11. Tobacco or Electronic Cigarette Sales at Site of Nuisance or Criminal Activity; Sanctions

Sec. 11. If a certificate holder sells or distributes tobacco products or electronic cigarettes at a location:
(1) determined to be a public nuisance; or
(2) at which conduct or acts that are crimes or infractions under IC 35 occur;
the commission may impose sanctions against the certificate holder under IC 7.1-2-3-33 and section 5 of this chapter.
As added by P.L.214-2016, SEC.14.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-1. Permits Issued in Discretion of Commission

Sec. 1. Permits Issued in Discretion of Commission. The commission in its absolute discretion shall issue, suspend, or revoke, except as otherwise provided in this title, a retailer's or dealer's permit of any type.
[Pre-1973 Recodification Citation: 7-2-1-14(b).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-2. Jurisdiction Restricted

Sec. 2. Jurisdiction Restricted. Except as otherwise provided in this title, no court shall have jurisdiction of an action to compel the issuance of a retailer's or dealer's permit of any type, or to revoke, annul, suspend, or enjoin an action, ruling, finding, or order of the commission suspending or revoking one (1) of these permits, and the consent of the State of Indiana is hereby expressly withdrawn and denied in such an action.
[Pre-1973 Recodification Citation: 7-2-1-14(b).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-3. Prerequisites

Sec. 3. Prerequisites. The commission, unless otherwise provided in this title, shall not grant an application and issue a retailer's or dealer's permit of any type until the publication of notice, the investigation before the local board, and the other proceedings required by this chapter have been completed.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-4. Time and Place for Investigation

Sec. 4. The commission shall fix the time and place for investigating, before the appropriate local board, the fitness of the applicant, and the propriety of granting his application for the particular retailer's or dealer's permit involved. The investigation shall be held within the county in which the premises, described in the application, are situated and it shall be open to the public.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.106-1995, SEC.13; P.L.108-2021, SEC.13.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-5. Publication of Notice and Investigation

Sec. 5. The commission shall cause one (1) notice of the pending investigation to be published in accordance with the provisions of IC 7.1-3-1-18. The publication of the notice shall be at least five (5) days before the investigation.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.12; P.L.94-2008, SEC.44; P.L.196-2015, SEC.12.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-6. Combined Publication of Notices

Sec. 6. Combined Publication of Notices. The commission may combine in one (1) publication, notices of any number of applications by the same or different applicants if the combined publication contains the required information with respect to each application respectively and if the publication complies with all other requirements of this title.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-7. Contents of Notice

Sec. 7. Contents of Notice. The notice shall advise the public of the name of the applicant, the type of permit applied for, the location of the premises as set forth in the application, and the time and place when and where the application will come up for investigation before the local board. The notice also shall advise that the local board will, at the time and place designated, investigate the application and receive information concerning the fitness of the applicant, and the propriety of issuing the permit applied for, at the named premises, to the applicant.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-8. Testimony

Sec. 8. Testimony. In the discretion of the designated member of the local board, sworn oral testimony may be heard, and affidavits or duly certified documents may be received. The local board also may utilize any and all sources of unsworn information.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-9. Questionnaires

Sec. 9. Questionnaires. Each member of the local board, at the conclusion of the investigation, shall answer in writing the questions contained in the questionnaire submitted by the commission in relation to the investigation. Each member of the local board shall sign the questionnaire in duplicate. Both copies of the questionnaire shall be given to the designated member who shall deliver them to the commission for its use in acting upon the application. The commission also may order that further investigations on an application be made before the local board.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-9.5. Renewals

Sec. 9.5. (a) The commission shall provide procedures and forms to allow an applicant for the renewal of a retailer's or dealer's permit to file a simplified application.
(b) An applicant for renewal does not have to be present during the local board proceedings on the renewal unless notified by the commission or the local board. However, a local board may not take any action to deny the renewal of a retailer's or dealer's permit unless the applicant has been notified and given an opportunity to be present at an investigation before the local board.
(c) For the purpose of implementing this section, the commissioner may prorate permits of persons holding more than one (1) retailer's or dealer's permit so that those permits terminate at one (1) time and the renewed permits of that person shall have the same termination date.
(d) In a county containing a consolidated city, the renewal of a retailer's or dealer's permit is subject to this section and IC 7.1-3-1-5.6.
As added by Acts 1977, P.L.94, SEC.1. Amended by P.L.16-1983, SEC.4; P.L.52-1994, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-10. Commission's Action

Sec. 10. Commission's Action. The commission may investigate in any manner it deems best to enable it to act upon the application in a particular case. The commission may grant or refuse the application accordingly as it deems the public interest will be served best. The action of the commission on the application for a retailer's or dealer's permit of any type shall be final.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-11. Review of Recommendations; Findings of Fact

Sec. 11. (a) The commission shall follow the recommendation of a majority of the members of a local board to grant or deny an application for a retailer's or dealer's permit of any type, unless, after the commission's review of that recommendation, the commission determines that to follow the recommendation would be:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with the law;
(2) contrary to a constitutional right, power, privilege, or immunity;
(3) in excess of, or contrary to, statutory jurisdiction, authority, limitations or rights;
(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
Such review shall be de novo.
(b) If the commission determines not to follow the recommendation of a local board, after the commission's review of that recommendation according to the standards set forth in subsection (a), the commission shall make written findings of fact on each material issue on which the commission's determination is based.
[Pre-1973 Recodification Citation: 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.64-1990, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-11.5. Appeal Hearing; Notice to Local Board; Publication of Notice

Sec. 11.5. (a) As used in this section, "applicant" or "application" means an applicant or an application for:
(1) a new permit; or
(2) the transfer or renewal of an existing permit.
(b) This section applies if a permit applicant or a person who remonstrates at a local board hearing against the approval of the application files with the commission:
(1) an objection to the commission's action on the application; and
(2) a request for an appeal hearing before the commission.
(c) The commission shall do the following:
(1) Provide notice to the local board, by first class mail, of the date of an appeal hearing set by the commission. Notice under this subdivision must be provided not later than ten (10) days before the date of the hearing.
(2) Publish notice in the city, town, or county where the proposed permit premises is located of the date of an appeal hearing set by the commission. Notice under this subdivision must be published not later than ten (10) days before the date of the hearing.
As added by P.L.94-2008, SEC.45.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-12. Return of Fee

Sec. 12. Return of Fee. The chairman shall deduct the sum of twenty-five dollars ($25) from the license fee paid by the applicant for each application considered, but if the applications are combined in one (1) application, the chairman shall deduct the sum of thirty-five dollars ($35) from the license fee, and return the balance of the fee to the applicant if the commission refuses to grant the application. The amount deducted from the fee shall be the property of the state and shall be disposed of as provided in article 4 of this title.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-13. New Permits in Residential Districts; Duty of Commission

Sec. 13. New Permits in Residential Districts: Duty of Commission. The commission shall have the duty in considering an application for a new retailer's permit of any type, or a new liquor dealer's permit, to determine whether the business to be conducted by the applicant pursuant to the proposed permit will be located within a residential district, and if so, whether the conduct of the business pursuant to the proposed permit will unreasonably impair and interfere with the peace, comfort, or enjoyment of life and property of the occupants of the residential district, or any of them. The commission shall deny the application if it finds in the affirmative on both questions.
[Pre-1973 Recodification Citation: 7-2-1-15.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-14. New Permits in Residential Districts; Notice

Sec. 14. The commission shall have the duty in making the determinations provided in section 13 of this chapter to publish notice that an application for a permit is pending and that a public hearing will be held on the application at a time and place to be stated in the notice. The notice shall state that at the hearing, residents of the residential district may appear and be heard in favor of, or in opposition to, the granting of the permit and may, if they desire to, present a verified written remonstrance against the granting of the permit.
[Pre-1973 Recodification Citation: 7-2-1-15.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.114.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-15. New Permits in Residential Districts; Hearing

Sec. 15. The commission shall consider the matters which may be brought out at the hearing and the sentiments of the residents in making the determinations required by section 13 of this chapter. Further, if at the hearing, there is presented to the commission a verified written remonstrance bearing the signatures of at least fifty-one percent (51%) of the registered voters of the residential district, the commission shall be bound to find in the affirmative and to deny the application.
[Pre-1973 Recodification Citation: 7-2-1-15.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.115.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-16. New Permits in Residential Districts; Exceptions

Sec. 16. New Permits in Residential Districts: Exceptions. The provisions of IC 7.1-3-19-13, 7.1-3-19-14, and 7.1-3-19-15, do not apply to the renewal of existing retailer's permits, nor to the renewal of existing liquor dealer's permits, nor to a nationally chartered veteran's organization which has occupied the same premises for ten (10) years prior to making application for a club permit.
[Pre-1973 Recodification Citation: 7-2-1-15.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 3. Permits › Chapter 19. Procedures for Issuance and Renewal of Retailers' and Dealers' Permits › 7.1-3-19-17. Formal Written Commitments With Municipal Legislative Body; Adopt Ordinance; Recommendations to Local Board; Deny or Revoke Permit

Sec. 17. (a) This section applies to a permit issued under IC 7.1-3-20-16(d), IC 7.1-3-20-16(g), IC 7.1-3-20-16(k) through IC 7.1-3-20-16(q), or IC 7.1-3-20-16.8 if a municipal legislative body has adopted an ordinance requiring a formal written commitment as a condition of eligibility for a permit, as described in subsection (b).
(b) As a condition of eligibility for a permit, the applicant must enter into a formal written commitment with the municipal legislative body regarding the character or type of business that will be conducted on the permit premises. The municipal legislative body must adopt an ordinance approving the formal written commitment. A formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. When an application for renewal of a permit is filed, the applicant shall forward a copy of the application to the municipal legislative body. The municipal legislative body shall receive notice of any filings, hearings, or other proceedings on the application for renewal from the applicant.
(c) A formal written commitment may be modified by the municipal legislative body with the agreement of the permit holder.
(d) Except as provided in subsection (f), the amount of time that a formal written commitment is valid may not be limited or restricted.
(e) A formal written commitment is terminated at the time a permit is revoked or not renewed.
(f) If the character or type of business violates the formal written commitments, the municipality may adopt a recommendation to the local board and the commission to:
(1) deny the permit holder's application to renew the permit; or
(2) revoke the permit holder's permit.
(g) The commission shall consider evidence at the hearing on the issue of whether the business violated the formal written commitments. If the commission determines there is sufficient evidence that the commitments have been violated by the permittee, the commission may:
(1) deny the application to renew the permit; or
(2) revoke the permit;
as applicable.
As added by P.L.121-2015, SEC.1. Amended by P.L.60-2016, SEC.3; P.L.214-2016, SEC.15; P.L.220-2023, SEC.7.