reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-2 - Salesman's permits; form and contents

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-8
Sec. 2.
Salesman's permits shall be issued with the name of the
				  applicant, his address, his permit number and the name of his
				  employer.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-3 - Salesman's permits available for inspection

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-8
Sec. 3.
Salesman of alcoholic beverages must be prepared to exhibit
				  their permits at any time while engaged in soliciting, taking orders for, or
				  promoting the sale of, alcoholic beverages upon demand of a duly authorized
				  representative of the commission, or upon the request of any permittee.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-4 - Permittee's duty

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-8
Sec. 4.
(a) No
				permittee shall purchase from or give an order to, or permit the solicitation
				of a sale of alcoholic beverages by any person who is not the holder of a
				salesman's permit.
(b) This section
				does not apply to an employee of a permittee soliciting while on the permit
				premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-5 - Applications for permits: contents; restriction

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-7
Sec. 5.
All applications for such permits must bear the signature
				  and address of the applicant and the signature, address, and business of the
				  employer. Said application shall also contain a statement that the applicant
				  will comply with the rules of the commission. Separate permits shall be carried
				  for each employer represented by a salesman. In no case shall a salesman sell,
				  or take orders for, or solicit the sale of, or promote the sale of alcoholic
				  beverages in behalf of any person whose name is not specified in the salesman's
				  permit as his employer.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-6 - Change of employment; surrender of permit; notification

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-8
Sec. 6.
If a licensed salesman changes employment to another
				  permittee, he shall notify the commission within fifteen (15) days. Failure to
				  notify the commission within the specified time shall make the salesman
				  ineligible for the issuance of any kind of alcoholic beverage permit for a
				  definite period to be determined by the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 8 - Salesman's Permit › Section 8-7 - Change of address; notice

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-18-7
Affected: IC
				  7.1-3-18-8
Sec. 7.
Change of Address-If the holder of a salesman's permit
				  changes his address from that noted on his application, he shall notify the
				  Commission within fifteen (15) days. Failure to notify the commission of a
				  change of address shall make the salesman's permit subject to revocation.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 9 - Sanitation › Section 9-5 - Penalties

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-14
Affected: IC
				  7.1-2-3-14
Sec. 5.
Penalties. Permittees who fail to keep their premises in
				  accordance with the rules of the Bureau of Food and Drugs of the Indiana State
				  Board of Health are liable to penalties that may be imposed under the public
				  health laws, and also shall be subject to suspension or revocation of their
				  permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 10 - Retail Closing Hours › Section 10-1 - Removal of containers after closing hours

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-14
Affected: IC
				  7.1-2-4-21
Sec. 1.
No retailer permittee shall have or allow any container
				  whatsoever, of or for alcoholic beverages, anywhere on the licensed premises
				  open to the public of said permittee (including the counter and/or bar, but not
				  the back bar) for longer than thirty minutes after the legal hour when the
				  sale, dispensing, giving away or otherwise disposing of alcoholic beverages
				  shall cease as provided by the Alcoholic Beverages Law of the State of Indiana.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 10 - Retail Closing Hours › Section 10-2 - Time for consumption of alcoholic beverages after retail closing hours

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-14
Affected: IC
				  7.1-2-4-21
Sec. 2.
No retailer permittee shall allow the consumption of
				  alcoholic beverages by any person whatsoever on any part of the licensed
				  premises of the permittee for longer than thirty (30) minutes after the legal
				  hour when the sale, dispensing, giving away, or otherwise disposing of
				  alcoholic beverages shall cease as provided by the alcoholic beverages law of
				  the state of Indiana.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 11.1 - Temporary Beer/Wine Permit Fees › Section 11.1-1 - Temporary beer and wine permits

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-6-1
Affected: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-6-1
Sec. 1.
The fee for a temporary beer and wine permit is fifty
				  dollars ($50) per day. No rain checks shall be given on any of the above
				  events.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 11.1 - Temporary Beer/Wine Permit Fees › Section 11.1-2 - Qualification requirements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-6-1
Affected: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-6-1
Sec. 2.
In order to qualify for a temporary permit, the following
				  guidelines must be met:
(1) There must
				be a well-defined premises, that is, a building, tent, enclosure, or fenced-in
				or designated area.
(2) The
				applicant must submit a floor plan or diagram (eight and one-half (8½)
				by eleven (11)) showing either a beer garden/barroom (for adults only) or beer
				garden/barroom and family area (for families to consume food). All alcoholic
				beverages must be dispensed from the beer garden/barroom. Minors will be
				allowed in the family area with a parent or guardian or to consume food, BUT
				MAY NOT LOITER.
(3) There shall be
				NO carry-out privileges, NO carry-in privileges, and NO spirituous beverages
				allowed.
(4) Each applicant must
				designate an individual responsible for the event, and such person must sign
				the application.
(5) ANY and ALL
				persons dispensing or selling or accepting payment for alcoholic beverages MUST
				POSSESS a valid alcoholic beverage commission employee's permit.
(6) The event must meet applicable board of
				health requirements, particularly with regard to restroom facilities.
(7) Legal hours for dispensing alcoholic
				beverages:
(Prevailing time)
Monday through Saturday 7 a.m. to 3 a.m. the following
				  day
Sunday 12 noon to 12:30 a.m. the following day
(8) The applicant must file this
				application with the alcoholic beverage commission at least fifteen (15) days
				prior to the event. Failure to comply is grounds for denial.
(9) The temporary permit must be posted in
				the most conspicuous place at the location of the event. An excise officer, or
				commissioner for good cause, has the authority to revoke a temporary permit at
				any time before or during the event.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.1 - Employee Permits › Section 12.1-2 - Examination of permit by employer; display

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-18; IC
				  7.1-5-7-12;
				  IC
				  7.1-5-7-13
Sec. 2.
No retailer authorized to sell alcoholic beverages by the
				  drink (except dining car and boat permittees) or package liquor store
				  permittee, shall hire any person unless he has knowledge that such person is
				  the holder of an employee's permit, except as permitted in IC
				  7.1-5-7-12
				  and
				  7.1-5-7-13.
				  Permittees upon the employment of an employee shall examine the employee's
				  permit card and record the name, address, permit number and expiration date in
				  a permanent record. The employer shall be prepared to exhibit said record at
				  any time upon demand of a duly authorized representative of the Commission, or
				  other person charged with enforcement of the Alcoholic Beverage Laws. The
				  permit shall be retained by the employee and shall be exhibited upon demand of
				  a duly authorized representative of the Commission or other person charged with
				  enforcement of the Alcoholic Beverage Laws.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.1 - Employee Permits › Section 12.1-3 - Compliance with state board of health rules

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-14
Sec. 3.
All holders of employee's permits and their employers shall
				  comply with the health requirements provided for by the State Board of Health.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-1.5; IC
				  7.1-3-18-9; IC
				  7.1-5-7-13
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Certified training program" means the
				following:
(1) A server program.
(2) A trainer program.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-2 - Authority of the commission

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-1.5; IC
				  7.1-3-18-9
Sec. 2.
The commission may do the following:
(1) Conduct certified training
				programs.
(2) Designate master
				certified trainers.
(3) Certify a
				trainer program conducted by a training provider.
(4) Certify a server program conducted by a
				training provider or an in-house training provider.
(5) Audit certified training programs to
				ensure compliance with IC 7.1-3-1.5 and this rule.
(6) Provide an approved format for conducting
				certified training programs.
(7)
				Assign an exclusive certified trainer number to all certified
				trainers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-3 - Training provider scope

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1.5-13;
				  IC
				  7.1-3-18-9
Sec. 3.
(a) A
				training provider may conduct trainer programs if certified under section 2(3)
				of this rule.
(b) A training
				provider may conduct server programs if certified under section 2(4) of this
				rule.
(c) A training provider shall
				do the following:
(1) Designate a program
				director.
(2) Submit to the
				commission for approval all training and certification materials prior to
				use.
(3) Upon successful completion
				of a server program, issue an approved certificate that is valid for three (3)
				years from the date of issuance in accordance with IC
				7.1-3-1.5-13(a)(2),
				except for retailer and dealer permittees described in IC
				7.1-3-1.5-13(b)(2)
				 who will be issued certificates that are
				valid for five (5) years.
(4) Only
				conduct server programs at locations approved by the
				commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-4 - In-house training provider scope

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1.5-13;
				  IC
				  7.1-3-18-9
Sec. 4.
(a) An
				in-house training provider may conduct server programs.
(b) An in-house training provider shall do
				the following:
(1) Designate a program
				director.
(2) Submit to the
				commission for approval all training and certification materials prior to
				use.
(3) Only conduct server
				programs at locations approved by the commission.
(4) Upon successful completion of a server
				program, issue an approved certificate that is valid for three (3) years from
				the date of issuance in accordance with IC
				7.1-3-1.5-13(a)(2),
				except for retailer and dealer permittees described in IC
				7.1-3-1.5-13(b)(2)
				 who will be issued certificates that are
				valid for five (5) years.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-5 - Program director criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 5.
A program director shall do the following:
(1) Obtain a trainer certificate from a
				master certified trainer.
(2)
				Maintain certification by attending refresher trainer programs conducted by a
				master certified trainer.
(3)
				Supervise certified trainers.
(4)
				Conduct refresher trainer programs approved by the commission for certified
				trainers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-6 - Certified trainer criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 6.
(a) Prior to
				acting as a certified trainer, a person shall:
(1) have prior experience in conducting
				educational or training classes;
(2) be employed or retained by a training
				provider or in-house training provider; and
(3) hold a certified trainer
				certificate.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-7 - Alcohol server criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1.5-13; IC
				  7.1-3-18-9
Sec. 7.
(a) An
				alcohol server shall submit their original server certificate, or an electronic
				copy thereof, to the commission as part of their application for a server
				permit:
(1) shall provide an unaltered,
				legible copy of their valid server certificate to their employer; and
(2) must meet all the requirements of, and
				pay all fees due, to:
(A) the training
				provider;
(B) the in-house training
				provider;
(C) both the training
				provider and the in-house training provider; or
(D) the commission;
prior to being issued a server certificate.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-8 - Certified trainer scope

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 8.
A certified trainer may conduct a:
(1) trainer program or a server program at a
				training provider; or
(2) server
				program at an in-house training provider.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-9 - Trainer program scope

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 9.
(a) A trainer
				program must incorporate curriculum approved by the commission in the format
				approved by the commission.
(b) A
				trainer program shall:
(1) be conducted at a
				location agreed upon by the commission;
(2) be in a format approved by the
				commission;
(3) apply adult
				learning principles;
(4) require
				for successful completion that the participant receive a passing grade on a
				written test or an oral test, or both, in a format approved by the commission;
				and
(5) not be in a format that
				consists of primarily:
(A) Internet;
(B) online;
(C) videotape;
(D) audiotape;
(E) video feed; or
(F) mail order;
				training.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-10 - Server program scope

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 10.
(a) A server
				program must incorporate curriculum approved by the commission in the format
				approved by the commission.
(b) A
				server program shall:
(1) be instructed by a
				server trainer under the supervision of a program director;
(2) be conducted at a location agreed upon by
				the commission;
(3) be in a format
				approved by the commission;
(4)
				apply adult learning principles;
(5) require for successful completion that
				the participant receive a passing grade on a written test or an oral test, or
				both, in a format approved by the commission;
(6) be available for audit by the commission;
				and
(7) not be in a format that
				consists of primarily:
(A) Internet;
(B) online;
(C) videotape;
(D) audiotape;
(E) video feed; or
(F) mail order;
				training.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-11 - Trainer program criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 11.
A trainer program shall meet the following criteria:
(1) The training must provide for questions
				from the students.
(2) The training
				must include handouts that the attendees are allowed to keep.
(3) The training must include an examination
				that covers all topics in the scope of a trainer program as outlined in section
				9 of this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-12 - Server program criteria

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 12.
A server program shall meet the following criteria:
(1) The training must provide for questions
				from the students.
(2) The training
				must include handouts that the attendees are allowed to keep.
(3) The training must include an examination
				that covers all topics in the scope of a server program as outlined in section
				10 of this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 12.5 - Server Permittees; Certification › Section 12.5-13 - Certified trainer responsibilities

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-9
Sec. 13.
The certified trainer shall:
(1) Provide a certified training certificate
				indicating the following:
(A) The date of the
				program.
(B) The trainer's
				name.
(C) The trainer's
				number.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-1 - Definition of member

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-6
Sec. 1.
The term "member of a club" shall be construed to mean a
				  person who, whether as a charter member, or admitted in accordance with the
				  articles of incorporation and/or constitution and by-laws of the corporation or
				  association, has become a member thereof, and, who maintains said membership by
				  the payment of dues in the manner established by the articles of incorporation
				  and/or constitution and by-laws.
The term shall also include a visiting member of another
				  post, branch, lodge or chapter of a national or international association or
				  club; or a member of an affiliated organization or association auxiliary to the
				  club permittee.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-2 - Membership lists included in club permit applications

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-1
Sec. 2.
An application for a club permit shall include a membership
				  list with the names and addresses of each member of the club and of any
				  affiliated organization auxiliary to the club who are permitted to use the
				  facilities licensed by the requested permit.
Said membership lists shall be amended and revised by the
				  permittee, showing cancellations of membership and new members, every six
				  months.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-3 - Service to nonmembers

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-1
Sec. 3.
(a) Club
				permits shall be granted for consumption of alcoholic beverages on the permit
				premises only. No holder of a club permit shall sell or give alcoholic
				beverages to any person not a member of the club and unless said person's name
				and address is included in the membership lists filed with the commission, as
				amended and revised by the last report to the commission, except said person be
				a new member of less than six (6) months' membership.
(b) Club permittees shall have the privilege,
				under this section, of inviting guests on one (1) night only of each month of
				the year, said night designated as guest night in the records of the club
				permittee pursuant to section 6 of this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-4 - Contract with managers and bartenders

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-1
Sec. 4.
No club permittee shall engage or hire a manager or
				  bartender on a commission basis. Said manager or bartender must actually be
				  employed by a written salary agreement and a signed copy of the same kept on
				  file with the Commission. If a new manager or bartender is employed by the
				  permittee the salary agreement shall be on file with the Commission within
				  eight (8) days after employment.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-5 - Use of premises restricted to permittee

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-1
Sec. 5.
No holder of a club permit shall lease or rent its bar
				  facilities to an outside organization or group of persons nor permit an outside
				  organization or group of persons, who may or may not have leased or rented the
				  permittee's rooms and facilities, to use its bar or to furnish, sell, dispense
				  or give away alcoholic beverages on the licensed premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 13 - Clubs › Section 13-6 - Requirement to publicly post operating dates

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-20-8.6
Sec. 6.
No holder of a club permit may operate under the provisions
				  of IC
				  7.1-3-20-2.5
[IC
				  7.1-3-20-2.5 was
				  repealed by P.L. 196-2015, SECTION 13, effective July 1, 2015.]
(Sunday sales) or IC
				  7.1-3-20-8.6
				  (guest nights) without the notification and approval in writing of the local
				  state excise police district office prior to operating. The notification and
				  written approval sent to and received from the state excise police district
				  office must be publicly posted in a conspicuous place on the premises prior to
				  operating under this section. A holder of a club permit who:
(1) operates under this section on a date
				other than that approved and posted; or
(2) fails to post operating dates as required
				under this section;
may be fined in an amount not to exceed one thousand dollars
				  ($1,000) for each day of operation in violation of this section or have the
				  permit at issue suspended or revoked.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 14 - Local Board Member Removal Procedure › Section 14-1 - Statement of charges

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-4-21
Affected: IC
				  7.1-2-4-21
Sec. 1.
To remove a member of a local board for good cause,
				  including negligence in the performance of duties, the Prosecutor or any member
				  of the Commission shall prepare and sign a statement of charges against the
				  local board member whose removal is contemplated, and file same with the
				  Commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 14 - Local Board Member Removal Procedure › Section 14-2 - Time and place of hearing; notice

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-4-21
Affected: IC
				  7.1-2-4-21
Sec. 2.
The time and place for a hearing on the statement of charges
				  shall be set by the Chairman of the Commission. Thereafter, the local board
				  member named in the statement of charges shall be notified to appear at the
				  time and place set and show cause why he should not be removed. Said notice to
				  appear and a copy of the statement of charges shall be served on the local
				  board member charged by registered mail or by personal service by any member of
				  the Excise State Police or deputy of the Commission at least five days before
				  the day set for said appearance.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 14 - Local Board Member Removal Procedure › Section 14-3 - Hearing procedure

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-2-4-21
Affected: IC 7.1-2-4-21
Sec. 3.
The hearing shall be before the Commission as a whole with
				  the Chairman presiding. Except as herein stated, Regulation No. 2
[ 905
				  IAC 1-2 was repealed filed Feb 20, 1991, 5:05 p.m.: 14 IR 1454.]
,
				  Hearing Procedure, shall be in force at said hearing.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 14 - Local Board Member Removal Procedure › Section 14-4 - Copy of removal order to appointing authority

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-4-21
Affected: IC
				  7.1-2-4-21
Sec. 4.
A copy of the order of the Commission to remove a local
				  board member shall be sent to the person or body who appointed the member
				  removed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 15.2 - Minors › Section 15.2-1 - Retail permit premises

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-5-7-11;
				  IC
				  7.1-5-7-13
Sec. 1.
Except as provided in IC
				  7.1-5-7-11,
				  IC
				  7.1-5-7-13,
				  and sections 2 through 3 of this rule, minors are not allowed on retail permit
				  premises.
(b) It is unlawful for a
				permittee to allow a minor on his permit premises except as provided in IC
				7.1-5-7-11,
				IC
				7.1-5-7-13,
				and subsections 2 and 3 of this rule
[sections 2 through 3 of this
				rule]
.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 15.2 - Minors › Section 15.2-2 - Exceptions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 2.
Minors are permitted in the following places where alcoholic
				  beverages are sold:
(1) A bona fide
				not-for-profit club, civic center, convention center, sports arena, bowling
				alley.
(2) Drugstores and grocery
				stores.
(3) Boats.
(4) Dining cars, pullman cars, club cars, and
				passenger airplane.
(5) A bona fide
				dance hall that is located on a lake or in a park adjacent to a lake located in
				whole or in part within this state where such dance hall has police supervision
				and in which only alcoholic malt beverages are sold. A dance hall on a lake or
				in a park is adjacent to a lake if it is within a part of the immediate resort
				area at a lake. A park will be construed to mean a public park owned or
				operated by the state of Indiana or any political subdivision
				thereof.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 15.3 - Minors as Employees › Section 15.3-1 - Employees between eighteen (18) and twenty-one (21) years of age

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 1.
A minor eighteen (18) years of age or older employed at a
				  licensed premises may ring up a sale of alcoholic beverages in the course of
				  his employment, provided that at the time the sale is rung up, there is at
				  least one (1) other employee on the licensed premises who is:
(1) twenty-one (21) years of age or older;
				and
(2) responsible for supervising
				said minor.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 16.1 - Dancing › Section 16.1-1 - Dancing permitted

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-9-9
Sec. 1.
It is permissible for permittees to allow dancing upon their
				  permit premise without the necessity of first obtaining a permit or other
				  authorization from the alcohol and tobacco commission (commission). All floor
				  plans must be approved by the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 16.1 - Dancing › Section 16.1-3 - Nudity in exhibition or professional dancing; restrictions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1; IC 35
Sec. 3.
(a) For the
				purpose of this rule, the following definitions apply:
(1) "Nudity" means the showing of the human
				male or female genitals, pubic area, or buttocks with less than a fully opaque
				covering, the showing of the female breast with less than a fully opaque
				covering of any part of the nipple, or the showing of covered male genitals in
				a discernible turgid state.
(2)
				"Licensed premises" means a building or part of a building in which alcoholic
				beverages are authorized by a permit to be kept, manufactured, or
				sold.
(3) "Permittee" means and
				includes:
(A) a person who is the holder of a
				valid permit under IC 7.1; and
(B)
				an agent, servant, or employee of, or other person acting on behalf of a
				permittee whenever a permittee is prohibited from doing a certain act under IC
				7.1 or this title.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 17 - Transfers › Section 17-2 - Applicability of quota rule

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-24-3
Affected: IC
				  7.1-3-22-3;
				  IC
				  7.1-3-24-3
Sec. 2.
Quota Rule. In all transfers of three way permits in the
				  same city or town the quota rule (Subsection (2), Section 1
[Repealed;
				  see IC
				  7.1-3-22-3
				  ]
, Chapter 30, Acts of 1939) will not apply against the transfer. The
				  transferred permit will remain and be counted in the quota as an existing
				  permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 17 - Transfers › Section 17-3 - Applicability of residential rule

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-24-3
Affected: IC
				  7.1-1-3-38;
				  IC
				  7.1-3-19-13;
				  IC
				  7.1-3-24-2
Sec. 3.
Residential Rule. The residential area rule (Sec. 4 Chapter
				  148, Acts or 1947
[Repealed; IC
				  7.1-3-19-13
				  -
				  7.1-3-19-16
				  ]
,) is applicable to all transfers from place to place of retail
				  permits to sell alcoholic beverages by the drink or for package stores but not
				  applicable in person to person transfers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 17 - Transfers › Section 17-4 - Approval; restrictions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-24-1
Affected: IC
				  7.1-3-24-1
Sec. 4
Clearance.
(a) All
				transfers must be cleared through the office of the Chief of Excise Police and
				of the Prosecutor for the Commission before being granted.
(b) Transfers will not be granted where the
				permittee is or has been cited for hearing for violation of the law, rules or
				regulations, until the citation is finally disposed of by the
				Commission.
(c) A permittee under
				order of suspension or revocation will not be allowed to transfer the permit
				except by special order of the Commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 18 - New Permits in a Residential District › Section 18-1 - Determination of residential district

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-1-3-38;
				  IC
				  7.1-3-19-13
Sec. 1.
Whereas, I.C.
				  7.1-1-3-38,
				  defining a "residential district" designates "an area composed of all territory
				  within a radius of five hundred (500) feet of the premises described in the
				  application", but does not provide the method of measuring the area; the
				  Commission adopts the following rules for such measurements to be applied as
				  provided in the aforesaid statute, to-wit: A point directly in the center of
				  the part of the building, room, or premises proposed to be licensed, shall be
				  the "center", and a full circle within a radius of five hundred (500) feet
				  shall be measured therefrom. The areas therein shall compose the territory
				  considered in determining whether same is a "residential district" or
				  not.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 18 - New Permits in a Residential District › Section 18-2 - Determination of character of area

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-13
Sec. 2.
In the consideration of all new applications, except
				  renewals of existing permits, for retail permits to sell by the drink and
				  liquor dealer permits, except drug stores, local boards will determine and
				  designate in their report (Form 219) on the application whether the premises
				  being considered is in either a residential, business and commercial, or
				  doubtful areas.
To assist in this determination, the local board or the
				  Commission may require the applicant to submit a plat of the area drawn to
				  scale showing the use by the occupants and certified to by a person competent
				  and qualified to prepare the same.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 18 - New Permits in a Residential District › Section 18-3 - Classification of land uses

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-13
Sec. 3.
In determining the use of the land within the area under
				  consideration, vacant areas not in use shall not be counted as either
				  residential or commercial, a boarding house, tourist court or hotel will be
				  considered a commercial use, area which has as its primary use the production
				  of revenue by farming, but not that part occupied by a farm residence in use,
				  will be counted as business, area adjacent to businesses used as a parking area
				  will be counted as business, area occupied and used as a residence or apartment
				  house and also partially used for business, commercial or manufacturing
				  purposes shall be counted and figured on a percentage basis in accordance with
				  the use of the entire building or premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 18 - New Permits in a Residential District › Section 18-4 - Lots partially within measured circle

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-13
Sec. 4.
Where the measured circle includes a portion of a lot, the
				  part in the area being vacant of any building thereon and not in use as
				  heretofore provided, such area will not be counted either way, even though
				  there is a residence or business located on the remainder of the lot outside of
				  the circle.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 20 - Food Requirements › Section 20-1 - Minimum menu requirements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7; IC
				  7.1-3-24-1
Affected: IC
				  7.1-3-20-9
Sec. 1.
Retail permittees that satisfy the general requirements of a
				  restaurant as set forth in IC
				  7.1-3-20-9 are required to
				  provide minimum food service, and must offer a food menu consisting of not less
				  than the following items:
(1) Hot
				sandwiches and hot soups.
(2)
				Coffee, milk, and soft drinks. Retail permittees subject to the minimum food
				requirements under this rule shall prepare and serve foods in a sanitary manner
				as required by law.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 21 - Credit Sales by Spirituous and Vinous Wholesale Permittees › Section 21-1 - Restrictions on credit sales and sales to delinquent debtor

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-5-10-12
Sec. 1.
Every wholesale permittee selling alcoholic spirituous and
				  vinous beverages at wholesale may extend credit on such beverages sold to
				  licensees or permittees authorized to purchase the same for a period of fifteen
				  (15) days at date of invoice, date of invoice included, and further that when
				  such fifteen (15) day period without payment in full has passed then no
				  wholesaler shall sell to any such permittee except for Cash on Delivery,
				  provided further that such permittee be given an extended fifteen (15) day
				  grace period, Cash on Delivery, in which to fully liquidate any indebtedness.
				  After the expiration of the extended fifteen (15) days grace period, Cash on
				  Delivery, if any indebtedness has not been fully liquidated then no wholesaler
				  shall sell to such permittee for cash, or Cash on Delivery until all delinquent
				  items have been paid.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 23 - Registration of Brands, Labels and Trademarks › Section 23-1 - Registration of brands, labels, and trademarks

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-17
Sec. 1.
All producers (brewers, distillers, rectifiers, vintners and
				  small wineries) and importers, before shipping or causing to be shipped
				  alcoholic beverages in Indiana, shall make available to the alcohol and tobacco
				  commission (commission) upon request all brands, labels, and trademarks used or
				  proposed to be used by said producer or importer in selling or advertising for
				  sale alcoholic beverage in Indiana. Labels will be approved by the commission
				  if they have been approved by the federal Bureau of Alcohol, Tobacco, and
				  Firearms.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 26 - Permit Renewal; Letter of Extension › Section 26-1 - Permittee; requirements necessary to file letter of extension

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-3.1
Sec. 1.
In order for an applicant to be eligible for a letter of
				  extension, pursuant to IC
				  7.1-3-1-3.1,
				  the applicant must:
(1) complete and
				submit the letter of extension application form and any necessary
				fee;
(2) have filed a valid renewal
				or transfer application along with the appropriate fee;
(3) pay outstanding taxes due the state of
				Indiana.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 26 - Permit Renewal; Letter of Extension › Section 26-2 - Need for letter of extension

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-3.1;
				  IC 7.1-4-1-43
Sec. 2.
For purposes of IC 7.1-4-1-43, it shall be presumed that the
				  need for a letter of extension is occasioned by an act or omission of the
				  permittee when a permittee files an application for renewal of a permit with
				  insufficient time for the commission to process the application prior to the
				  expiration of the permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 27 - Permittee Qualifications and Public Nuisance › Section 27-1 - Determination of reputation and character

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-8; IC
				  7.1-3-19-10;
				  IC
				  35-41-1-1
Sec. 1.
In determining an applicant's or permittee's eligibility to
				  hold, renew or continue to hold a permit, particularly whether the applicant is
				  of good moral character and of good repute, the Commission shall consider
				  whether acts or conduct of the applicant, permittee or his employees or agents,
				  would constitute action or conduct prohibited by the Indiana Penal Code (I.C.
				  35-41-1-1
				  et seq.), or a criminal offense under the laws of the United States. The
				  Commission may also consider the esteem in which the person is held by members
				  of his community, and such assessment of his character as may reasonably be
				  inferred from police reports, evidence admitted in court and commission
				  proceedings, information contained in public records and other sources of
				  information as permitted by I.C.
				  7.1-3-19-8 and I.C.
				  7.1-3-19-10.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 27 - Permittee Qualifications and Public Nuisance › Section 27-2 - Public nuisance

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-2-6; IC
				  35-41-1-1
Sec. 2.
If a licensed premises becomes a public nuisance, or the
				  licensed premises becomes the scene of acts or conduct which are prohibited by
				  the Indiana Penal Code (IC
				  35-41-1-1
				  et seq.), or by the criminal laws of the United States, the premises shall be
				  subject to the sanctions specified in IC
				  7.1-2-6-1
				  through IC
				  7.1-2-6-14.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 27 - Permittee Qualifications and Public Nuisance › Section 27-3 - Violations; burden of proof; sanctions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-1;
				  IC
				  35-41-1-1
Sec. 3.
In its consideration, the commission is not required to
				  determine beyond a reasonable doubt that the act or conduct in issue would
				  constitute an act or conduct prohibited by the Indiana Penal Code (I.C.
				  35-41-1-1, et seq.)
				  or a criminal offense under the laws of the United States.
The Commission may refuse to grant or renew a permit, may
				  revoke or suspend a permit, or may fine a permittee for a violation of this
				  regulation.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 27 - Permittee Qualifications and Public Nuisance › Section 27-4 - Consideration of location

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-19
Sec. 4.
Location-The commission upon application for a new or upon
				  application for a transfer of location of an existing permit, shall also
				  investigate the desirability of the permit in regard to the potential
				  geographical location of said permit. In making this determination, the
				  commission may consider, but is not limited to the following factors:
(a) The need for such services at the
				location of the permit.
(b) The
				desire of the neighborhood or the community to receive such services.
(c) Impact of such services on other business
				in the neighborhood or community.
(d) Impact of such services on the
				neighborhood or community.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 27 - Permittee Qualifications and Public Nuisance › Section 27-5 - Evaluation standards

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-3-19-16
Sec. 5.
In its consideration of any renewal applications the
				  commission shall only evaluate said renewal applications on the basis of the
				  standards set forth in Sections 1, 2, and 3 of this Rule
[
				  905 IAC
				  1-27-1,
				  905 IAC 1-27-2,
				  and
				  905 IAC
				  1-27-3 ]
.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-1 - Package alcoholic beverages; sale restrictions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-19;
				  IC
				  7.1-3-23-12
Sec. 1.
No retailer permittee shall sell or otherwise dispose of
				  alcoholic spirituous, vinous, and/or malt beverages to persons for consumption
				  off the licensed premises (hereinafter referred to as "package alcoholic
				  beverages"), except in accordance with the provisions of all applicable Indiana
				  alcoholic beverage laws and rules of the alcohol and tobacco commission,
				  including sections 2 through 8 of this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-2 - Package alcoholic beverages; sold in bar, storage, or dispensing area only

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-19;
				  IC
				  7.1-3-23-12
Sec. 2.
Package alcoholic beverages shall be sold by a retail
				  permittee only in the same room as is located the bar or in the room where
				  alcoholic beverages are stored, prepared, or dispensed for consumption on the
				  licensed premises, and at no other location. This room shall not be partitioned
				  so as to create a "section" solely or primarily for the sale of package
				  alcoholic beverages. There may not be a separate cash register for package
				  sales. There shall be no self-service.