reglab/statecodes huggingface dataset:
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-7. Rules and Regulations

Sec. 7. The commission shall have the power to promulgate rules and regulations governing the following:
(1) The conduct of the meetings and business of the commission.
(2) The conduct of hearings before any of the commission's representatives.
(3) The conduct of the business of a permittee or certificate holder authorized or governed by the provisions of this title.
(4) The enforcement of the provisions of this title and of the rules and regulations of the commission.
(5) The standards of purity and methods of manufacturing used in the production of alcohol and alcoholic beverages.
(6) The prevention of misbranding or adulteration of alcohol or alcoholic beverages.
(7) The prevention of fraud, evasion, trickery, or deceit in the manufacture, labeling, importation, advertisement, transportation, or sale of alcohol or alcoholic beverages, or the evasion of other laws of Indiana relating to alcohol or alcoholic beverages.
[Pre-1973 Recodification Citations: 7-1-1-5(3); 7-1-1-5(4).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.194-2021, SEC.17.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-8. Conformance to United States Law

Sec. 8. Conformance to United States Law. The commission shall have the power to conform, to adapt, or to coordinate, to the extent the commission deems proper, the practices, methods, standards, and rules and regulations governing the traffic in alcohol and alcoholic beverages, with the practices, methods, standards and rules and regulations established by an officer or agency of the United States government.
[Pre-1973 Recodification Citation: 7-1-1-5(10).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-9. Permits

Sec. 9. The commission shall have the discretionary authority to issue, deny, suspend, revoke, or not renew all permits and certificates authorized by this title, unless the exercise of discretion or authority is limited by applicable provisions of this title.
[Pre-1973 Recodification Citation: 7-1-1-5(2).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.194-2021, SEC.18.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-9.1. Registry of Permits

Sec. 9.1. (a) The commission shall prepare and maintain, available for public inspection, a registry of all retailer and dealer permits (including supplemental permits) issued by it, categorized by type of permit and by the type of establishment to which it is issued. The registry of permits shall:
(1) be subdivided on a county by county basis, and further subdivided by city, town, and unincorporated area;
(2) contain the number of permits authorized by the quota, and the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of the licensed premises, the assumed business name under which the business is conducted, and, if a corporation, the names of the president and secretary; and
(4) be made current annually, to indicate by specific notation any new permits that were issued or any existing permits that were transferred in any manner within the prior year.
(b) The commission shall provide for the sale of the registry of permits to the public on a cost basis, both as a complete statewide registry and as a countywide registry.
As added by Acts 1982, P.L.69, SEC.4. Amended by P.L.85-1985, SEC.1; P.L.106-1995, SEC.3; P.L.108-2021, SEC.12.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-10. Investigations; Memorandum of Understanding

Sec. 10. (a) The commission shall have the power to investigate the violation of a provision of this title and of the rules and regulations of the commission and to report its findings to the prosecuting attorney or the grand jury of the county in which the violation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understanding with the Indiana gaming commission authorizing the commission's unlawful gaming enforcement division to conduct revocation actions resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this section must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this section must be entered into before January 1, 2008.
[Pre-1973 Recodification Citation: 7-1-1-5(5).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.60; P.L.94-2008, SEC.5.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-11. Emergencies

Sec. 11. Emergencies. The commission shall have the power to prohibit the sale, transportation or movement of alcoholic beverages when, in the judgment of the commission, it is necessary during a time of public emergency, civil disturbance, riot, or epidemic. The prohibition may be imposed without prior notice or advertisement and may be continued in force as long as the need continues.
[Pre-1973 Recodification Citation: 7-1-1-5(6).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-12. Searches and Seizures

Sec. 12. Searches and Seizures. (a) The commission shall have the power to examine, inspect and search a licensed premises or a vehicle where alcohol, alcoholic beverages, or malt articles are kept, manufactured or sold.
(b) The commission shall have the power to seize alcohol, alcoholic beverages, malt articles, or any other personal property when the seizure is lawful under the provisions of this title.
[Pre-1973 Recodification Citation: 7-1-1-5(7).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-13. Prevention of Subterfuge

Sec. 13. Prevention of Subterfuge. The commission shall have the power to prevent a part of the premises connected with, or in any way used in connection with, a licensed premises from being used as a subterfuge or means of evading the provisions of this title or of the rules and regulations of the commission.
[Pre-1973 Recodification Citation: 7-1-1-5(8).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-14. Standards of Sanitation

Sec. 14. The commission shall have the power to set standards of cleanliness and sanitation for a licensed premises and for the apparatus, equipment, utensils, accessories, articles, and fixtures used or employed in the licensed premises. The commission shall have the power to require the aid of the Indiana department of health, any local board of health, and any health officer in this state to fix and enforce these standards.
[Pre-1973 Recodification Citation: 7-1-1-5(9).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.2-1992, SEC.74; P.L.56-2023, SEC.44.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-15. Destruction of Personal Property

Sec. 15. Destruction of Personal Property. The commission shall have the power to require the destruction or removal of bottles, whether empty or not, cases, containers, apparatus, or devices, used or likely to be used, in evading, violating, or preventing the enforcement of the provisions of this title or of the rules and regulations of the commission.
[Pre-1973 Recodification Citation: 7-1-1-5(11).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-16. Regulation of Advertising

Sec. 16. (a) The commission shall have the power to regulate and prohibit advertising, signs, displays, posters, and designs intended to advertise an alcoholic beverage or the place where alcoholic beverages are sold.
(b) The commission shall not exercise the prohibition power contained in subsection (a), as to any advertisement appearing in a newspaper which:
(1) is published at least once a week;
(2) regularly publishes information of current news interest to the community; and
(3) circulates generally to the public in any part of this state, regardless of where printed.
However, a newspaper shall not include publications devoted to special interests such as labor, religious, fraternal, society, or trade publications or journals, or publications owned or issued by political organizations or parties.
(c) The commission shall not exercise the prohibition power contained in subsection (a) as to any advertisement broadcast over duly licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether published in a newspaper or broadcast over radio or television, shall conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power contained in subsection (a) as to advertising in the official program of the Indianapolis 500 Race or the Madison Regatta, Inc., Hydroplane Race.
(f) Notwithstanding any other law, the commission may not prohibit the use of an illuminated sign advertising alcoholic beverages by brand name that is displayed within the interior or on the exterior of the premises covered by the permit, regardless of whether the sign is illuminated constantly or intermittently. However, it is unlawful for a primary source of supply or a wholesaler of alcoholic beverages to sell, give, supply, furnish, or grant to, or maintain for a retail or dealer permittee an illuminated advertising sign in a manner that violates the trade practice restrictions of the commission or this title. It is unlawful for a retail or dealer permittee to receive, accept, display, or permit to be displayed, an illuminated advertising sign sold, given, supplied, furnished, granted, or maintained in violation of this subsection. Unless otherwise stated, when a recipient receives an illuminated sign, the illuminated sign becomes the property and responsibility of the recipient.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu; however, those advertisements must conform to the rules of the commission.
[Pre-1973 Recodification Citation: 7-1-1-5(12).]
Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.57, SEC.1; Acts 1975, P.L.70, SEC.1. As amended by P.L.98-1983, SEC.1; P.L.57-1984, SEC.2; P.L.165-2006, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-16.5. "Facility"

Sec. 16.5. (a) As used in this section, "facility" includes the following:
(1) A facility to which IC 7.1-3-1-25(a) applies.
(2) A tract that contains a premises that is described in IC 7.1-3-1-14(d)(2).
(3) A horse track or satellite facility to which IC 7.1-3-17.7 applies.
(4) A riverboat or racetrack to which IC 7.1-3-17.5 applies.
(5) A tract that contains an entertainment complex.
(b) As used in this section, "tract" has the meaning set forth in IC 6-1.1-1-22.5.
(c) A facility may advertise alcoholic beverages:
(1) in the facility's interior; or
(2) on the facility's exterior.
(d) The commission may not exercise the prohibition power contained in section 16(a) of this chapter on advertising by a brewer, distiller, rectifier, or vintner in or on a facility.
(e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility may provide advertising to a permittee that is a brewer, an artisan distiller, a distiller, a rectifier, or a vintner in exchange for compensation from that permittee.
As added by P.L.52-1992, SEC.2. Amended by P.L.106-1995, SEC.2; P.L.71-1996, SEC.2; P.L.72-2004, SEC.3; P.L.15-2011, SEC.10; P.L.109-2013, SEC.2; P.L.1-2018, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-17. Registration Requirements

Sec. 17. Registration Requirements. The commission shall have the power to require the registration of all brands, formulas, analyses, labels, and trademarks used, or proposed to be used, in selling or advertising alcoholic beverages. The commission shall not have the power to require the disclosure of formulas that are verified trade secrets.
[Pre-1973 Recodification Citation: 7-1-1-5(13).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-18. Regulation of Transportation and Containers

Sec. 18. Regulation of Transportation and Containers. The commission shall have the power to regulate the modes and methods of dealing in, and the transportation of, alcoholic beverages. The commission also shall have the power to regulate the types of containers in which alcoholic beverages may be lawfully transported and delivered.
[Pre-1973 Recodification Citations: 7-1-1-5(14); 7-1-1-5(17).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-19. Regulation of Records

Sec. 19. Regulation of Records. The commission shall have the power to:
(a) Prescribe the manner and methods by which all records relating to alcoholic beverages are kept and preserved;
(b) Inspect all records relating to alcoholic beverages; and,
(c) Require true copies of any record to be made and furnished to the commission.
[Pre-1973 Recodification Citation: 7-1-1-5(14).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-20. Repealed

[Pre-1973 Recodification Citation: 7-1-1-5(14).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-2010, SEC.38. Repealed by P.L.196-2015, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-21. Regulation of Local Boards

Sec. 21. Regulation of Local Boards. The commission shall have the power to prescribe the procedure to be observed by local alcoholic beverage boards and for investigations before these boards.
[Pre-1973 Recodification Citation: 7-1-1-5(18).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-22. Regulation of Business Relationships

Sec. 22. The commission shall have the power to ascertain the business relationships, including nonalcoholic beverage business relationships, between permittees or certificate holders under this title. The commission shall have the power to regulate or prohibit a practice, relationship, or dealing by or between permittees or certificate holders, which in the judgment of the commission is inimical to or a violation of a provision of this title or of a rule or regulation of the commission. The commission may take action in these matters by rule or regulation or by individual order upon hearing after five (5) days notice to the effected permittee or certificate holder.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.194-2021, SEC.19.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-23. Repealed

[Pre-1973 Recodification Citation: 7-1-1-8(3).]
As added by Acts 1973, P.L.55, SEC.1. Repealed by Acts 1973, P.L.58, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-24. Disclosures Concerning Transportation

Sec. 24. Disclosures Re Transportation. The commission may require that, prior to the importation or transportation of an alcoholic beverage into this state by an authorized permittee, he shall submit written, verified, information concerning the proposed importation or transportation and execute and file any documents required. The commission shall have the power also to inspect the shipments in transit and the vehicle used in the importation or transportation.
[Pre-1973 Recodification Citation: 7-1-1-42(c).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-25. Military Bases

Sec. 25. Military Bases. The commission may authorize the sale of an alcoholic beverage to an officer, or other person legally entitled to purchase it, and the delivery of it to that person on a military reservation or other reservation within this state which is under the authority of the United States government and if the sale and delivery is otherwise lawful.
[Pre-1973 Recodification Citation: 7-1-1-42(t).]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-26. Duty Concerning Franchise Agreements

Sec. 26. The commission shall investigate a violation of a provision of IC 7.1-3-3-17 and IC 7.1-5-5-9, and shall have the power to enforce conformance with a provision of an injunction issued under the authority of these sections.
[Pre-1973 Recodification Citation: 7-2-1-23(c).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.96.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-27. Repealed

[Pre-1973 Recodification Citation: 7-2-1-24.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-28. Repealed

[Pre-1973 Recodification Citation: 7-2-1-6.]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.6, SEC.36.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-29. Delegation of Powers and Duties

Sec. 29. Delegation of Powers and Duties. The commission, unless otherwise specifically provided, may delegate the powers and duties conferred on it in this title to responsible employees of the commission, but the commission shall maintain final responsibility.
[1973 Recodification Citation: New.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-30. Limitation of Liability

Sec. 30. Limitation of Liability. The members of the commission, their officers and employees shall be exempt from civil liability for an act or omission done under the authority, or the color of authority, conferred by this title or by a rule, regulation, or order of the commission. However, they shall be liable to the State of Indiana for their acts and omissions.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-31. Implied Powers

Sec. 31. Implied Powers. The commission and the chairman shall have, in addition to the express powers enumerated in this title, the authority to exercise all powers necessary and proper to carry out the policies of this title and to promote efficient administration by the commission.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-32. Group Purchasing Agreements; Rules

Sec. 32. (a) The commission, by rule, may provide procedures whereby two (2) or more retailers and dealers may enter into a formal group purchasing agreement for the purpose of purchasing alcoholic beverages from permittees authorized to sell alcoholic beverages to them.
(b) If the commission exercises the power granted in subsection (a), the rule shall make provisions for at least the following:
(1) the formal requirements of a group purchasing agreement;
(2) the vesting of title to the alcoholic beverages purchased under a group purchasing agreement;
(3) the transportation by retailers and dealers of the alcoholic beverages purchased under a group purchasing agreement;
(4) the purchase and transportation of alcoholic beverages by retailers and dealers, whether they are parties to a group purchasing agreement or not, as a result of a service interruption or other emergency; and
(5) the filing requirements of a group purchasing agreement or any amendments or additions thereto.
As added by P.L.85-1985, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 3. Powers and Duties › 7.1-2-3-33. Investigations and Penalties for Violations Relating to Tobacco or Electronic Cigarettes

Sec. 33. The commission is authorized to:
(1) investigate a violation of; and
(2) enforce a penalty for a violation of;
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.
As added by P.L.177-1999, SEC.5. Amended by P.L.250-2003, SEC.5; P.L.214-2016, SEC.1; P.L.49-2020, SEC.2.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-1. Local Boards Created

Sec. 1. Local Boards Created. There is hereby created in each county a local board to be known as the "Alcoholic Beverage Board of __________ County."
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-2. Qualifications of Appointed Members

Sec. 2. An appointed member of a local board shall possess the following qualifications:
(1) The person must be at least twenty-one (21) years of age.
(2) The person must be a bona fide resident of the county in which the person is to serve for at least five (5) years immediately preceding the person's appointment.
(3) The person may not have a conviction within ten (10) years before the date of appointment of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or
(C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014).
However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.285-2019, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-3. Qualifications of Designated Members

Sec. 3. (a) The designated member of a local board shall meet the following requirements:
(1) The person must be an Indiana resident.
(2) The person must be familiar with Indiana alcoholic beverage law.
(3) The person may not have a conviction within ten (10) years before the date of appointment of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014); or
(C) a crime in a state other than Indiana having a penalty equal to the penalty for an Indiana Class A, Class B, or Class C felony (for a crime committed before July 1, 2014) or a Level 1, Level 2, Level 3, Level 4, or Level 5 felony (for a crime committed after June 30, 2014).
However, this subdivision does not apply to a conviction that has been expunged under IC 35-38-9.
(b) The designated member may be an officer or employee of the commission.
[Pre-1973 Recodification Citation: 7-2-1-8.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.285-2019, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-4. Repealed

[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.204-2001, SEC.68.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-5. Composition

Sec. 5. Composition. A local board shall be composed of four (4) members who are qualified for their positions according to this chapter, and who, other than the designated representative of the commission, do not hold other lucrative public office or employment.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-6. Appointments

Sec. 6. Appointments. A local board shall be composed of three (3) appointed members and one (1) designated member. One (1) of the appointed members shall be appointed by the board of county commissioners of the county in which the board is to perform its duties. One (1) of the appointed members shall be appointed by the county council of the county in which the board is to perform its duties. One (1) of the appointed members shall be appointed by the mayor of the city within the county having the largest population. The designated member of the board shall represent the commission and shall be designated by the commission.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-7. Composition; Two-Cities Exception

Sec. 7. Composition: Two-Cities Exception. In a county in which there are located two (2) or more cities, each having a population of more than ten thousand (10,000), as to all applications for permits which apply to premises within the corporate limits of one (1) of the cities, the local board shall consist of the designated member, the appointed members appointed by the board of county commissioners and the county council, and a member appointed by the mayor of the effected city.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-8. Composition; No City Exception

Sec. 8. If there is no city within a county, the executive of the town within the county having the largest population shall make the one (1) appointment to the local board normally made by the executive of the largest city.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.33.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-9. Order of Appointments

Sec. 9. The order of appointments to a local board shall be as follows:
(1) The board of commissioners of a county shall make its appointment first.
(2) The city or town executive, as the case may be, shall make the executive's appointment second.
(3) The county fiscal body shall make its appointment third.
(4) The commission shall designate its representative fourth.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.34; P.L.4-1991, SEC.136.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-10. Appointments; Time Limits

Sec. 10. The county executive and fiscal body and the city or town executive, as the case may be, shall make their appointments to the local board within fifteen (15) days after being notified by the commission by registered mail to do so. The commission may extend this time limit by an additional fifteen (15) days.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.8-1989, SEC.35.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-11. Ad Interim Appointments

Sec. 11. Ad Interim Appointments. The commission shall have the power to make an ad interim appointment to a local board if the required appointment is not made within the applicable time limit. An ad interim appointee shall have full power to act as a member of the local board for a period of sixty (60) days and as much longer as is required to complete an investigation or questionnaire begun during his temporary appointment.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-12. Commission Appointments

Sec. 12. Commission Appointments. The commission shall have the power to make an appointment to a local board if the required appointment is not made within one hundred (100) days following the mailing of the first notice requesting that the appointment be made.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-13. Terms of Office

Sec. 13. Terms of Office. The term of office of an appointed member, other than an ad interim appointee, shall be for one (1) year from the date of his appointment and until his successor is appointed and qualified. The designated representative of the commission shall not have any specific term on any particular local board.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-13.5. Training of Members

Sec. 13.5. (a) This section does not apply to a designated member of the local board who is an employee or officer of the commission.
(b) A local board member shall complete a training program conducted by the commission. A local board member may not be required to take a test or an examination or pay a fee in order to complete the training program.
(c) The training program must include training on all the following subjects:
(1) An overview of Indiana alcoholic beverage law and enforcement.
(2) Duties and responsibilities of the board concerning new permit applications, permit transfers, and renewal of existing permits.
(3) The open door law (IC 5-14-1.5) and the public records law (IC 5-14-3).
(4) Notice and hearing requirements.
(5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program not more than one hundred eighty (180) days after the member is appointed to the board. A local board member who does not complete the training program within the time allowed by this subsection shall be removed from the board under section 21 of this chapter.
As added by P.L.94-2008, SEC.6.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-14. Local Board Organization

Sec. 14. Local Board Organization. A local board shall meet and organize immediately following the appointment of its members. The local board shall elect one (1) of its members to serve as president. The president shall preside at the meetings of the board and shall sign the minutes of meetings. The local board also shall elect one (1) of its members to serve as secretary. The secretary shall keep the minutes of meetings and other records, attest the signature of the president and perform other duties assigned to him by the board.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-15. Meetings

Sec. 15. Meetings. Meetings of the local board shall be held in the office of the clerk of the circuit court, or at another place provided by the board of county commissioners. It shall be the duty of a member to attend the meetings of his board and to discharge the duties of his office. Any member of a local board may administer oaths. A meeting of a local board called for the purpose of a public investigation of an application for a permit may be continued from day to day, or adjourned until a later meeting of the local board in the discretion of the designated representative of the commission.
[Pre-1973 Recodification Citations: 7-1-1-5(19); 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-16. Quorum and Voting

Sec. 16. Quorum and Voting. Three (3) members of a local board shall constitute a quorum for the transaction of business. A local board may take action only upon the affirmative votes of at least three (3) of its members.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-17. Compensation

Sec. 17. Compensation. As compensation for services, an appointed member of a local board shall receive an annual salary in the amount of two hundred forty dollars ($240), from the state, paid in twelve (12) equal, monthly installments.
[Pre-1973 Recodification Citations: 7-1-1-5(19); 7-2-4-1.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-18. Additional Compensation

Sec. 18. Additional Compensation. An appointed member of a local board shall receive, in addition to the annual salary, compensation from the state at the rate of three dollars ($3.00), for each application on which he is required to, and does, investigate and report. The additional compensation shall be paid within sixty (60) days after the required questionnaire has been completed in due form, signed by the member, and delivered to the commission in duplicate.
[Pre-1973 Recodification Citation: 7-2-4-1.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-19. Mileage

Sec. 19. An appointed member of a local board shall receive mileage at the same rate per mile as is provided for state employees in the state travel policies and procedures established by the department of administration and approved by the state budget agency for each mile, in excess of two (2) miles per day, traveled by him in necessary attendance at the meetings of the local board. The claim for mileage shall be certified by the member and filed with the commission. The claim for mileage shall be paid by the state at the expiration of sixty (60) days after the questionnaire covering an application investigated at the meeting of the local board in respect to which the mileage is claimed has been filled out and signed by the member.
[Pre-1973 Recodification Citation: 7-2-4-1.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.3.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-20. Oath of Office

Sec. 20. Oath of Office. An appointed member of a local board shall execute an oath of office in duplicate. One (1) copy of the oath shall be filed in the office of the clerk of the circuit court of the judicial circuit in which the local board sits. The other copy shall be filed with the chairman.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-21. Removal From Office

Sec. 21. Removal from Office. An appointed member of a local board may be removed from office only for good cause. The commission shall give the member a written copy of the charges against him and shall fix the time, which shall not be less than five (5) days thereafter, when the member may appear before the commission and show cause why he should not be removed. The commission shall establish procedures for the removal of an appointed member of a local board. The findings and determinations of the commission in respect to a removal shall be final.
[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 2. Alcohol and Tobacco Commission and Administration › Chapter 4. Local Boards › 7.1-2-4-22. Oral Comments at Meetings

Sec. 22. (a) A local board shall allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. However, a local board may set a reasonable limit on the amount of time allowed to each individual to provide oral comment.
(b) A local board may give greater weight to oral comments provided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for which a permit is requested.
As added by P.L.94-2008, SEC.7.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-1. Issuance of Warrant

Sec. 1. A judge of any court may issue a warrant to search a house or other place for alcohol, an alcoholic liquid or substance, a still, a distilling apparatus, a tobacco product, or another article that is being possessed, kept, sold, bartered, given away, used, or transported in violation of this title.
[Pre-1973 Recodification Citation: 7-1-1-34.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.1-1990, SEC.87; P.L.94-2008, SEC.8.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-2. Service of Warrant

Sec. 2. Service of Warrant. The warrant shall be directed to the officer, agent, or employee of the commission who filed the affidavit for the warrant and otherwise it shall be directed to any officer who has the power to serve criminal process. The warrant shall be served by the person to whom it was issued in the daytime or nighttime and the return made within twenty (20) days from the date of issue.
[Pre-1973 Recodification Citation: 7-1-1-34.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-3. Seizures

Sec. 3. Seizures. The officer who serves the warrant shall seize any article described in the warrant and any other article that he may find during the search that is used in the violation of a provision of this title and hold them pending the disposition as may be ordered by the court in which a prosecution may be instituted for the violation of a provision of this title.
[Pre-1973 Recodification Citation: 7-1-1-34.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-4. Disposition of Articles Pending Judgment

Sec. 4. An alcoholic beverage or a tobacco product seized pursuant to this chapter and any other article which may be found on the searched premises and taken under the warrant shall not be taken from the custody of the person who served the warrant by a writ of replevin or other process while the proceedings provided in this chapter are pending. A final judgment of conviction in that proceeding shall be a bar in all cases to an action for recovery of the thing seized or the value of it or damages alleged to have arisen by reason of the seizing and detention of it.
[Pre-1973 Recodification Citation: 7-1-1-35.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.9.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-5. Property Rights Limited

Sec. 5. All rights of any kind in an alcoholic beverage or a tobacco product of any type, or in a container for an alcoholic beverage, or in an article, apparatus, package, fixture or utensil in which an alcoholic beverage or a tobacco product may be placed, or which is used in connection with it, or a vehicle or conveyance in which an alcoholic beverage or a tobacco product is being transported or which is used for the transportation of an alcoholic beverage or a tobacco product, shall at all times and under all circumstances by whomsoever held, owned, or possessed, be deemed qualified by the right of the state, the commission, and the chairman, to administer, execute and enforce the provisions of this title.
[Pre-1973 Recodification Citation: 7-1-1-36.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.10.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-6. Certain Property Rights Prohibited

Sec. 6. A person shall have no property right of any kind in alcohol, an alcoholic beverage, a malt article, or a tobacco product had, kept, transported, or possessed contrary to law, or in or to a receptacle or container of any kind in which these liquids and articles may be found, or in an unlawful or prohibited receptacle or container, or in a receptacle or container which does not conform to or which is being used contrary to or which is not kept in conformity to a rule or regulation of the commission, or which is being used to contain an alcoholic beverage or tobacco product upon which a tax is due and unpaid, or an adulterated or misbranded alcoholic beverage, or which is being used in an unlawful practice, or a practice contrary to a rule or regulation of the commission.
[Pre-1973 Recodification Citation: 7-1-1-36.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.11.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-7. Illegal Transportation; Property Rights Limited

Sec. 7. A person who is interested in illegal transportation, or who has knowledge of it, shall have no right, title, or interest in or to a conveyance of any kind used for the illegal transportation of alcohol, alcoholic beverages, malt articles, or a tobacco product.
[Pre-1973 Recodification Citation: 7-1-1-36.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.94-2008, SEC.12.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-8. Forfeiture to State

Sec. 8. An officer who makes an arrest for a violation of the provisions of this title shall seize the evidence of the commission of that violation, including any vehicle, automobile, boat, air or water craft, or other conveyance in which alcohol, alcoholic beverages, malt articles, or tobacco products are kept, possessed, or transported contrary to law, or contrary to a rule or regulation of the commission. The articles and vehicles mentioned in this section and in sections 5 through 7 of this chapter are hereby declared forfeited to the state and shall be seized.
[Pre-1973 Recodification Citation: 7-1-1-36.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.3-2008, SEC.68; P.L.94-2008, SEC.13.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-9. Opinion Evidence

Sec. 9. Opinion Evidence. Testimony concerning the appearance, taste or odor of a beverage or liquid shall be received in evidence in a criminal prosecution under this title, or in a proceeding before the commission or a local board. A witness, either lay or expert, may testify as to his opinion that a beverage or liquid which he has tasted, seen, smelled, or otherwise examined is a particular type of alcoholic beverage.
[Pre-1973 Recodification Citation: 7-1-1-39.]
Formerly: Acts 1973, P.L.55, SEC.1.
2023 Indiana Code › Title 7.1. Alcohol and Tobacco › Article 2. Alcohol and Tobacco Commission and Administration › Chapter 5. Remedies: Searches, Seizures, Property Rights, Evidence, and Judicial Sales › 7.1-2-5-10. Repealed

[Pre-1973 Recodification Citation: 7-1-1-39(2).]
Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.63-1990, SEC.1.