Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-2 - Review of local alcoholic beverage board's approval or denial of an application for an alcoholic beverage permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6
Sec. 2.
(a) After a
				local board recommends approval or denial of an application for a new permit,
				including a transfer application or renewal of an existing permit, the
				commission shall act promptly upon the local board's recommendation. If there
				was no remonstrance before the local board and if the commission approves the
				application, the commission shall issue the permit to the applicant. If either
				there was a remonstrance against the application before the local board, or the
				commission disapproves the application, the commission shall give personal
				notice of its action or written notice of its action by certified mail to the
				applicant and to any remonstrator. For purposes of this rule, "remonstrator"
				means a person who appeared, personally or by counsel, as a remonstrator
				against the application at the local board hearing and identified himself to
				the local board, stating his name and address or telephone number to the board
				at the hearing.
(b) Upon receipt of
				notice of the commission's action under section 1(a) of this rule, an applicant
				or a remonstrator shall have fifteen (15) days to file any objection to the
				commission's action and to request an appeal hearing before the commission. The
				objections of any remonstrator shall also be accompanied by a petition for
				intervention stating facts which demonstrate that the petitioner will be
				aggrieved or adversely affected by the commission's action. A copy of the
				remonstrator's objections and petition for intervention shall be served by the
				remonstrator on the applicant by certified mail unless the remonstrator is not
				represented by counsel. In such case, the commission will serve the
				remonstrator's pleading(s) on the applicant. Failure of the applicant to file
				objections or failure of a remonstrator to file objections and a petition for
				intervention within the fifteen (15) day period shall constitute a waiver of
				any appeal hearing from the commission's action. Absent exigent circumstances,
				the commission shall deny the petition for intervention of any person who did
				not appear personally or by counsel at the local board hearing. Upon receipt of
				an applicant's objections, the commission shall set the applicant's objections
				for hearing.
(c) If the objection
				is based on the denial of an application or renewal of an existing permit, the
				applicant may request an extension of the life of the permit to allow him to
				continue operating, pending the appeal procedure. If the commission issues the
				extension, the applicant shall pay the required fee and shall be allowed to
				operate until notified by the commission that the extension is terminated by
				either personal notice or written notice by certified mail to the applicant's
				last known address as stated on his application for said permit. Upon receipt
				of said notification, applicant shall have ten (10) days to continue operating
				and at the expiration of the ten (10) days, he must cease selling alcoholic
				beverages. The commission, at its discretion, may allow the applicant to place
				the denied permit into escrow and allow a reasonable time for the applicant to
				sell said permit to a bona fide purchaser for value in an arms length
				transaction subject to the approval of the commission.
(d) Upon receipt of a remonstrator's
				objections and petition for intervention under subsection (b), the commission
				shall review the petition and determine whether the remonstrator should be
				permitted to intervene in the matter. In making its determination, the
				commission shall consider whether the remonstrator has proven that he or she
				will be personally aggrieved or adversely affected if the application for
				permit is granted. If the commission finds that the remonstrator would be
				aggrieved or adversely affected, he shall be allowed to intervene, and notice
				of such shall be sent to the applicant, and the remonstrator and the
				intervening remonstrator's objections shall be set for hearing. If the
				commission finds that the remonstrator should not be permitted to intervene, it
				may deny the remonstrator's request for hearing. As used hereafter in this
				rule, "intervening remonstrator" means a remonstrator that has been granted
				permission to intervene by the commission.
(e) An applicant, a remonstrator, or an
				intervening remonstrator who has filed objections to the commission's
				determination may request and pay a deposit in the amount of fifty dollars
				($50) for the preparation of the local board transcript and, as soon as it is
				prepared, he shall pay any final amounts due.
(f) The commission shall give the applicant
				and any remonstrators or intervening remonstrators notice of the appeal hearing
				by certified mail at least ten (10) days prior to the hearing. The notice shall
				state the time and place of the hearing. At the discretion of the commission,
				the hearing may be conducted by the full commission, any individual member of
				the commission, or a duly authorized agent of the commission.