reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-7 - Time and place of violation hearings

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 7.
(a) The
				hearing judge shall set the time and place of the violation hearing and give
				reasonable written notice to all parties. The hearing judge shall give at least
				five (5) days notice of the hearing.
(b) To the extent not included in a prior
				notice, the notice of the hearing must include the following:
(1) The names and mailing addresses of all
				parties.
(2) The name, official
				title, and mailing address of the commission's prosecutor and a telephone
				number through which the commission's prosecutor can be reached.
(3) The official file or other reference
				number, the name of the proceeding, and a general description of the subject
				matter.
(4) A statement of the
				time, place, and nature of the hearing.
(5) A statement of the legal authority and
				jurisdiction under which the hearing is to be held.
(6) The name, official title, and mailing
				address of the hearing judge and a telephone number through which information
				concerning hearing schedules and procedures may be obtained.
(7) A statement of the issues involved and,
				to the extent known to the hearing judge, of the matters asserted by the
				parties.
(8) A statement that a
				party who fails to attend or participate in a prehearing conference, hearing,
				or other later stage of the proceeding may be defaulted.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-8 - Subpoenas; discovery orders; protective orders

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 8.
(a) The
				hearing judge at the request of any party or the commission shall, and upon the
				hearing judge's own motion may, issue:
(1)
				subpoenas;
(2) discovery orders;
				and
(3) protective orders;
in accordance with the rules of procedure governing
				  discovery, depositions, and subpoenas in civil actions in the courts.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-9 - Failure to appear

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 9.
(a) At any
				stage of a proceeding, if a permittee fails to attend or participate in a
				prehearing conference, hearing, or other stage of the proceeding, the hearing
				judge may issue an order to show cause why the permit should not be revoked and
				set a hearing on said order within thirty (30) days. The order shall include
				the date, time, and place of the hearing and the reason for the order. Said
				order shall be sent by certified mail to the permittee.
(b) At the hearing on the order to show
				cause, evidence will be taken on the issue of the permittee's failure to appear
				and sanctions may be imposed including a fine, suspension, or
				revocation.
(c) After the hearing
				and any subsequent order, the hearing judge shall conduct any further
				proceedings necessary to complete the disposition of the violation.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-10 - Conduct of hearings

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 10.
(a) The
				hearing judge shall regulate the course of the proceedings in conformity with
				any prehearing order and in a manner without recourse to the technical, common
				law rules of evidence applicable to civil actions in the course.
(b) To the extent necessary for full
				disclosure of all relevant facts and issues, the hearing judge shall afford to
				all parties the opportunity to respond, present evidence and argument, conduct
				cross-examination, and submit rebuttal evidence, except as restricted by a
				limitation under subsection (d) or by the prehearing order.
(c) The hearing judge may, after a prehearing
				order is issued, impose conditions upon a party necessary to avoid unreasonably
				burdensome or repetitious presentations by the party, such as the following:
(1) Limiting the party's participation to
				designated issues in which the party has a particular interest.
(2) Limiting the party's use of discovery,
				cross-examination, and other procedures so as to promote the orderly, prompt,
				and just conduct of the proceeding.
(3) Requiring two (2) or more parties to
				combine their presentations of evidence and argument, cross-examination,
				discovery, and other participation in the proceedings.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-11 - Evidence

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-3-29;
				  IC 7.1-3-23; IC 7.1-5
Sec. 11.
(a) Upon
				proper objection, the hearing judge may exclude evidence that is irrelevant,
				immaterial, unduly repetitious, or excludable on constitutional or statutory
				grounds or on the basis of evidentiary privilege recognized in the courts. In
				the absence of proper objection, the hearing judge may exclude objectionable
				evidence. The hearing judge may admit hearsay evidence. If not objected to, the
				hearsay evidence may form the basis for an order. However, if the evidence is
				properly objected to and does not fall within a recognized exception to the
				hearsay rule, the resulting order may not be based solely upon the hearsay
				evidence.
(b) All testimony of
				parties and witnesses must be made under oath or affirmation.
(c) Any part of the evidence may be received
				in written form if doing so will expedite the hearing without substantial
				prejudice to the interests of any party.
(d) Documentary evidence may be received in
				the form of a copy or excerpt. Upon request, parties shall be given an
				opportunity to compare the copy with the original if available.
(e) Official notice may be taken of the
				following:
(1) Any fact that could be
				judicially noticed in the courts.
(2) The records of the commission.
(3) Technical or scientific matters within
				the commission's specialized knowledge.
(4) Codes or standards that have been adopted
				by an agency of the United States or this state.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-12 - Proposed orders

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 12.
(a) The
				hearing judge's proposed order disposing of the proceeding becomes a final
				order when affirmed by the commission.
(b) The hearing judge's proposed order must
				include, separately stated, findings of fact for all aspects of the order,
				including the remedy prescribed. Findings of ultimate fact must be accompanied
				by a concise statement of the underlying basic facts of record to support the
				findings.
(c) Findings must be
				based exclusively upon the evidence of record in the proceeding and on matters
				officially noticed in that proceeding or otherwise. Findings must be based upon
				the kind of evidence that is substantial and reliable. The hearing judge's
				experience, technical competence, and specialized knowledge may be used in
				evaluating evidence.
(d) A
				substitute hearing judge may issue the proposed order required under this
				section upon the record that was generated by a previous hearing
				judge.
(e) The hearing judge may
				allow the parties a designated amount of time after conclusion of the hearing
				for the submission of proposed findings.
(f) An order under this section shall be
				issued in writing within forty-five (45) days after conclusion of the hearing
				or after submission of proposed findings in accordance with subsection (e),
				unless this period is waived or extended with the written consent of all
				parties or for good cause shown, as determined by the hearing judge.
(g) The hearing judge shall have copies of
				the proposed order under this section delivered to each party and to the
				commission's members.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-13 - Issuance of final orders by the commission

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 13.
(a) After
				the hearing judge issues a proposed order, the commission shall issue a final
				order:
(1) accepting;
(2) accepting and modifying; or
(3) rejecting;
the hearing judge's proposed order. The commission may remand
				  the matter, with or without instructions, to the hearing judge for further
				  proceedings.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-14 - Modification of final orders and stays

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 14.
(a) The
				commission may modify a final order before the earlier of:
(1) thirty (30) days after the commission has
				served the final order; or
(2) a
				court assumes jurisdiction over the final order.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-15 - Penalties

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 15.
The permittee charged may receive any penalty provided in IC
				  7.1 or any rules of the Indiana alcoholic beverage commission. If the
				  commission shall desire, punishment can be withheld for the introduction of
				  more evidence. The commission may also defer judgment on good behavior of the
				  offending permittee, and if the permittee charged violates IC 7.1 or any rule
				  of the commission at any time during the existence of the permit, the deferred
				  judgment may again be reconsidered and a penalty fixed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 38 - Prohibited Advertising › Section 38-1 - Exterior wholesale advertising signs; display

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-16
Affected: IC 7.1-5-2
Sec. 1.
(a) No
				primary source of supply, wholesaler, or salesman of alcoholic beverages, or
				the agent or representative thereof, shall, directly or indirectly, place,
				display, or maintain, or cause to be displayed or maintained, any sign
				advertising alcoholic beverages by brand name within two hundred (200) feet of
				premises covered by a retailer's or dealer's permit to sell alcoholic
				beverages. The distance shall be computed by measuring between the nearest
				point of the premises covered by a retailer's or dealer's permit to sell
				alcoholic beverages and the nearest point of the sign.
(b) Such sign shall not designate by arrows,
				hands, or other similar devices any particular premises covered by a retailer's
				or dealer's permit to sell alcoholic beverages.
(c) A primary source of supply, wholesaler,
				or salesman of alcoholic beverages, or the agent or representative thereof, may
				place, display, or maintain, or cause to be placed, displayed, or maintained,
				temporary banners or pennants advertising alcoholic beverages by brand name on
				or within two hundred (200) feet of a retailer's or dealer's premises if such
				banners or pennants commemorate a nationally recognized sporting event
				occurring within the state of Indiana. The temporary banners or pennants shall
				be displayed for a period beginning twenty-one (21) days prior to the
				nationally recognized sporting event and ending five (5) days after the
				event.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 38 - Prohibited Advertising › Section 38-2 - Advertising signs near church or school prohibited

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-16
Affected: IC 7.1-5-2
Sec. 2.
No primary source of supply, wholesaler, or salesman of
				  alcoholic beverages or the holder of a retailer's or dealer's permit to sell
				  alcoholic beverages, or the agent or representative thereof, shall erect, or
				  cause to be erected or maintained, any sign advertising alcoholic beverages
				  which is located within two hundred (200) feet of a church or school.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 38 - Prohibited Advertising › Section 38-3 - Exterior brand name signs; illumination of exterior signs restricted

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-16
Affected: IC 7.1-5-2
Sec. 3.
Any sign advertising alcoholic beverages such as the words
				  "beer", "liquor", or "wine" on the exterior of any premises covered by a permit
				  to wholesale alcoholic beverages shall not be illuminated during the days or
				  hours when it is illegal to sell alcoholic beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 38 - Prohibited Advertising › Section 38-4 - Media advertising; restricted terms and claims

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-16;
				  IC
				  7.1-5-2-3
Affected: IC 7.1-5-2
Sec. 4.
(a) Primary
				sources of supply, wholesalers, or salesmen of alcoholic beverages, or the
				agents or representatives thereof, may advertise in such media as provided by
				law alcoholic beverages by brand name.
(b) Retailers and dealers of alcoholic
				beverages, or the agents or representatives thereof, may advertise in such
				media as provided by law alcoholic beverages by price and brand name and the
				place where they may be obtained.
(c) No such advertising shall contain offers
				of financial awards as inducements to purchase alcoholic beverages.
(d) All advertising shall conform to the
				brand name or logo on the label upon the actual container of the alcoholic
				beverages so advertised.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 38 - Prohibited Advertising › Section 38-5 - Cease and desist order

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-2-3-16
Affected: IC 7.1-5-2
Sec. 5.
The Indiana alcoholic beverage commission may at any time
				  order a primary source of supply, wholesaler, retailer, dealer, or salesman, or
				  agents or representatives thereof, attempting to advertise or advertising
				  alcoholic beverages on his permit premises, to discontinue immediately if in
				  the judgment of the Indiana alcoholic beverage commission such advertising is
				  in conflict with this rule or other provisions of the law. Any violation of
				  this section shall be subject to the violation provisions of the Indiana
				  alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-1 - Horse track and satellite facility permit fees

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1-3-17.7
Sec. 1.
(a) The
				annual license fee for the holder of a horse track permit is four thousand
				dollars ($4,000).
(b) The annual
				license fee for the holder of a satellite facility permit is two thousand
				dollars ($2,000).
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-2 - Rules governing

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1
Sec. 2.
(a) A horse
				track permit shall be governed by IC 7.1 and this title applicable to a
				retailer's permit, except to the extent that IC 7.1 or this title specifically
				conflicts with a statute or rule governing a horse track permit.
(b) A satellite facility permit shall be
				governed by IC 7.1 and this title applicable to a retailer's permit, except to
				the extent that IC 7.1 or this title specifically conflicts with a statute or
				rule governing a satellite facility permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-3 - Floor plans

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1-3-17.7
Sec. 3.
The floor plans of the permit premises must be submitted to
				  and approved by the commission before a horse track or satellite permit is
				  issued by the commission. This approval process shall include an initial
				  inspection and final inspection of the floor plans and permit premises by the
				  commission's enforcement division. The floor plan shall reflect all
				  semipermanent and permanent areas where alcoholic beverages will be stored or
				  dispensed. Service of alcoholic beverages will only be from those areas
				  designated on the floor plan approved by the commission, and service shall only
				  be by employees who hold an employee permit issued by the commission. With
				  respect to a horse track permit, alcoholic beverages may be carried from the
				  race track structure only to areas designated on the premises' floor
				  plan.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-4 - Permit qualifications

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 4-31-5; IC 4-31-5.5; IC
				  7.1-3-4-2;
				  IC 7.1-3-17.7
Sec. 4.
(a) The
				commission shall not issue a horse track permit to an individual who is
				disqualified under the special disqualifications of IC
				7.1-3-4-2.
(b) The commission shall not issue a
				satellite facility permit to an individual who is disqualified under the
				special disqualifications of IC
				7.1-3-4-2.
(c) The commission shall not issue a horse
				track permit to a person who does not hold unrevoked a recognized meeting
				permit held under IC 4-31-5.
(d)
				The commission shall not issue a satellite facility permit to a person who does
				not hold unrevoked a satellite facility license issued under IC
				4-31-5.5.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-5 - Sale, assignment, and transfer of permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1-3-17.7; IC 7.1-3-24
Sec. 5.
(a) The
				holder of a horse track permit may sell, assign, or transfer that permit to
				another holder or to another location subject to IC 7.1-3-24 with the prior
				written approval of the commission.
(b) The holder of a satellite facility permit
				may sell, assign, or transfer that permit to another holder or to another
				location subject to the provisions of IC 7.1-3-24 with the prior written
				approval of the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-6 - Scope of permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC
				  4-33-7-4;
				  IC
				  7.1-3-4-6; IC
				  7.1-3-9-9; IC
				  7.1-3-14-4; IC
				  7.1-3-17.7
Sec. 6.
(a) The
				holder of a horse track permit is entitled to purchase alcoholic beverages only
				from a permittee entitled to sell to a retailer under IC
				7.1-3-4-6, IC
				7.1-3-9-9, IC
				7.1-3-14-4, and
				IC
				4-33-7-4.
				The holder of a horse track permit may sell only to a person authorized to
				purchase alcoholic beverages at retail. The holder of a horse track permit is
				entitled to possess and sell alcoholic beverages only for on-premise
				consumption. The holder of a horse track permit shall not be entitled to sell
				alcoholic beverages at a place other than the licensed premises.
(b) The holder of a satellite facility permit
				is entitled to purchase alcoholic beverages only from a permittee entitled to
				sell to a retailer under IC
				7.1-3-4-6, IC
				7.1-3-9-9, IC
				7.1-3-14-4, and
				IC
				4-33-7-4.
				The holder of a satellite facility permit may sell only to a person authorized
				to purchase alcoholic beverages at retail. The holder of a satellite facility
				permit is entitled to possess and sell alcoholic beverages only for on-premise
				consumption. The holder of a satellite facility permit shall not be entitled to
				sell alcoholic beverages at a place other than the licensed premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-7 - Expiration of permit; issuance and renewal

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1
Sec. 7.
(a) The term
				of a horse track permit will be for a period of one (1) year only, including
				the day upon which it is granted. An application for renewal or extension of
				the horse track permit may not be considered if the recognized meeting permit
				is not renewed.
(b) An extension of
				a horse track permit may be granted at the discretion of the commission if:
(1) an application for renewal of the horse
				track permit has been filed but has not been granted as of the date of
				expiration of the horse track permit; and
(2) an annual review has been conducted and
				live racing dates have been filed with the Indiana horse racing commission for
				the next season.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-8 - Nature of business

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 4-31; IC 7.1
Sec. 8.
(a) The
				nature of the business conducted by the person who holds a horse track permit
				issued by the commission must be the business of horse racing and race related
				activity in order for alcoholic beverages to be dispensed within the defined
				permit premises. In order for the permittee to sell and serve alcoholic
				beverages at the permit premises during an event not related to horse racing or
				a racing related activity, prior written approval must be obtained from the
				commission. This approval must be obtained at least fifteen (15) days prior to
				the nonracing event or activity.
(b) When evaluating a request to sell and
				serve alcoholic beverages for activities other than horse racing or a racing
				related activity, the commission shall consider the following:
(1) The nature of the activity to be
				conducted on the premises and whether such activity is incompatible with the
				sale of alcoholic beverages.
(2)
				The times during which the permittee seeks to make alcoholic beverages
				available.
(3) Whether the
				permittee has adequate security for the activity.
(4) Whether the permittee has been granted
				any required approval by the local law enforcement department which has
				jurisdiction over the venue of the permit premises, board of county
				commissioners, county council, or town executive for the activity.
(5) Whether the Indiana horse racing
				commission has placed any limitations on the use of the permit premises for the
				activity.
(6) Other related reasons
				which may be enumerated by IC 4-31.
(7) Any other factor which may be considered
				under IC 7.1 or this title.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-9 - Suspension, revocation, and fines

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1
Sec. 9.
(a) If the
				Indiana horse racing commission suspends or revokes the recognized meeting
				permit issued under its authority, the horse track permit is also suspended or
				revoked for the same time.
(b) If
				the Indiana horse racing commission suspends or revokes the satellite facility
				permit issued under its authority, the satellite facility permit is also
				suspended or revoked for the same time.
(c) A horse track permit or a satellite
				facility permit shall be subject to all statutes (IC 7.1) and this title
				governing the sale of alcoholic beverages, and the permit may be fined,
				suspended, or revoked for a violation of these statutes or rules unless
				otherwise provided in IC 7.1. Procedures for fines, suspension, or revocation
				for violation of the alcoholic beverage statutes or rules shall be the same
				procedures as are followed for those persons who are issued retailer's
				permits.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-10 - Limited separation

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-3-17.7-5
Affected: IC 7.1-3-17.7; IC 7.1-5-7-12; IC 7.1-5-7-13
Sec. 10.
(a) In the
				permit premises of a horse track permit or satellite facility permit, the
				separation of the bar area from the dining area (where minors may be seated)
				may be a structure or a barrier that reasonably deters free access and egress
				without the requirement for doors or gates, or such other means, including
				signage which will clearly designate that minors are restricted from being in
				the designated bar areas. Minors under twenty-one (21) years of age are
				prohibited from being in the designated bar areas of the permit premises unless
				otherwise provided in IC 7.1-5-7-12 and IC 7.1-5-7-13. The holder of a horse
				track permit or satellite facility permit shall be responsible for seeing that
				any individual who is a minor under twenty-one (21) years of age is not allowed
				in the bar areas of the permit premises.
(b) Alcoholic beverages may not be carried
				onto the grounds of a horse track facility or onto the premises of a satellite
				facility. Minimum food service as defined in
				905 IAC
				1-20-1, except hot soups, must be available on the
				premises during any time that alcoholic beverages are available for sale at the
				horse track facility or the satellite facility.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-11 - Prohibited interests

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 7.1-3-17.7
Sec. 11.
It is unlawful for the holder of a horse track permit or
				  satellite facility permit to own, control, or participate in any type of
				  Indiana retailer, Indiana dealer, wholesaler, or primary source of supply
				  permit, or to participate in its business or in its
				  establishment.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-12 - Temporary letters of authority

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC 6-1.1; IC 7.1-3-17.7
Sec. 12.
In order to promote efficient administration of IC
				  7.1-3-17.7, the commission shall be granted specific authority to issue a
				  temporary letter of authority allowing an applicant for a horse track permit or
				  a satellite facility permit to sell and serve alcoholic beverages prior to
				  local board investigation and action if the following criteria are met by the
				  applicant for a horse track permit or a satellite facility permit:
(1) Unanimous written approval by the county
				local alcoholic beverage board having jurisdiction over the applicant is
				submitted.
(2) The Indiana horse
				racing commission has granted live or broadcast horse racing at the facility
				requesting such letter.
(3) Proper
				applications on forms prescribed by the commission have been filed and the
				proper fees have been paid.
(4) The
				applicant has paid all property taxes under IC 6-1.1 that are currently
				due.
(5) The applicant has paid all
				tax liabilities currently due the state.
(6) Final inspection has been approved by the
				commission's enforcement division.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 39 - Horse Track and Satellite Facility Permits › Section 39-13 - Advertising

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-17.7-5
Affected: IC
				  7.1-2-3-16;
				  IC
				  7.1-2-3-16.5;
				  IC 7.1-3-17.7; IC
				  7.1-5-5-10;
				  IC
				  7.1-5-5-11
Sec. 13.
(a) As used
				in this rule, a "facility" includes the following:
(1) Those facilities and tracts described in
				IC
				7.1-2-3-16.5.
(2) A facility which holds a horse track
				permit as described in this rule.
(3) A facility which holds a satellite
				facility permit as described in this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 40 - Catering Halls and Supplemental Caterers' Permits › Section 40-1 - Requirements for catering hall designation

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-20-24
Affected: IC
				  7.1-3-9.5-2
Sec. 1.
In order to be designated as a catering hall, the permittee
				  shall meet the following requirements:
(1) Hold a valid 1-way, 2-way, or 3-way
				restaurant permit.
(2) Submit a
				letter to the commission requesting to be designated a catering hall.
(3) Obtain commission approval of
				request.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 40 - Catering Halls and Supplemental Caterers' Permits › Section 40-2 - Duration of designation

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-20-24
Affected: IC
				  7.1-3-9.5-2
Sec. 2.
Once a permit premises is designated a catering hall, it
				  will continue its operation as a catering hall for the term of its
				  permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 40 - Catering Halls and Supplemental Caterers' Permits › Section 40-3 - Change of designation

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-20-24
Affected: IC
				  7.1-3-9.5-2
Sec. 3.
A permittee may request to permanently change its
				  designation from a catering hall to a restaurant only at the time of
				  renewal.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 40 - Catering Halls and Supplemental Caterers' Permits › Section 40-4 - Open to the public requirements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-20-24
Affected: IC
				  7.1-3-9.5-2
Sec. 4.
In order for an event at a catering hall to be open to the
				  public, the permittee must meet the following requirements:
(1) Comply with the notice requirements of IC
				7.1-3-9.5-2.
(2) Notify the local law enforcement agency
				responsible for the permit premises of the catering halls.
(3) Submit a floor plan for the permit
				premises if minors are to be allowed at the event.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 40 - Catering Halls and Supplemental Caterers' Permits › Section 40-5 - Supplemental caterers' permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-9.5-2
Sec. 5.
In order for a supplemental caterers' permit holder to sell,
				  on a temporary basis only, alcoholic beverages for on-premises consumption at
				  locations other than its licensed premises for an event or events to be open to
				  the public, the supplemental caterer must:
(1) Comply with the notice requirements of IC
				7.1-3-9.5-2.
(2) Notify the local law enforcement agency
				responsible for the area in which the catered function will be held.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-1 - "Bar" defined

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 1.
As used in this rule, "bar" means a counter over which
				  alcoholic beverages are sold or dispensed by the drink to consumers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-2 - Separation of rooms

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-5-7-11
Sec. 2.
(a) In a
				permit premises meeting the criteria in this section, the separation of the bar
				area from the dining area, where minors may be served, may be a structure or
				barrier that reasonably deters free access and egress without requirement for
				doors or gates. In order to qualify for the bar area separation permitted in
				this section, a permittee or applicant must have a minimum gross food sales or
				minimum projected food sales of two hundred thousand dollars ($200,000) per
				permit year or sixty percent (60%) of the gross food and alcoholic beverage
				sales or projected sales, not including carry-out or catering food sales, must
				be in the sale of food.
(b) Except
				as provided by IC
				7.1-5-7-11, in all other permit
				premises covered by a retail permit, except a food hall, a room containing a
				bar must be separated from a family room where minors are to be permitted. The
				family room shall be separated from the barroom by a nontransparent wall at
				least seventy-two (72) inches high. The barroom may be accessed by one (1) or
				more doorways. An open archway of not more than five (5) feet in width is
				sufficient.
(c) In a permit
				premises covered by a retail permit, in a room that contains no bar, the area
				from which the alcoholic beverages are dispensed must not be located in the
				eating area and must not be accessible to the consuming public.
(d) In a permit premises described in
				subsection (a) or (b), alcoholic beverage service may be provided by a cart;
				however, only brandy, fortified wines, and cordials may be served from the
				cart.
(e) An approved floor plan
				must be on file with the Indiana alcoholic beverage commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-3 - Outside bars in waterfront restaurants, resort hotels, and hotel-type premises

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 3.
In a waterfront restaurant or resort hotel and hotel-type
				  premises, the bar area may be located in or on an outside deck, porch, or patio
				  contiguous to the main structure of a permit premises provided such an area is
				  part of the licensed premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-4 - Porches, verandas, lobbies, beer gardens, and other areas that do not constitute a bar area

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-1-3-42;
				  IC
				  7.1-3-20-17; IC
				  7.1-5
Sec. 4.
(a) Service
				of alcoholic beverages is permitted on porches, verandas, lobbies, and other
				areas that do not constitute an area with a bar on the following conditions:
(1) Service is done by licensed employees of
				the retail permit holder.
(2) The
				area to be serviced is part of the permit premises and delineated in some
				manner by rail, wall, or hedge.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-5 - Fraternal clubs with picnic grounds

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 5.
Service of alcoholic beverages is permitted on picnic
				  grounds of a fraternal club if the following criteria are met:
(1) The picnic area is:
(A) located on the grounds that are
				encompassed by the permit premises; and
(B) within reasonable proximity to the permit
				premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 41 - Separation of Family Room from Barroom › Section 41-6 - Swimming pools

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-5
Sec. 6.
If minors are to be permitted in the swimming pool area,
				  there can be no bar. Service of alcoholic beverages to this area may be by a
				  licensed employee or customer carrying them from the bar or other approved
				  service area.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-1 - Definitions

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 1.
(a) "Department" refers to the Indiana alcoholic beverage commission, also known as the Indiana state excise police department.
(b) "Nonprobationary officer" means an enforcement officer of the department who has successfully completed the probationary period.
(c) "Probationary officer" means a newly employed enforcement officer of the department who has not successfully completed the probationary period.
(d) "Superintendent" refers to the person designated by the commission as the commander, administrator, and supervisor of the Indiana alcoholic beverage commission enforcement officers.
(e) "Commanding officer" refers to an enforcement officer in a supervisory position.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-2 - Superintendent's authority

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 2.
All enforcement officers employed by the department shall be subject to the supervision of the superintendent as set forth in this rule and the statutes of the state of Indiana.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-3 - Commanding officer's authority and responsibility

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 3.
(a) All commanding officers of the department shall exercise supervisory authority over subordinate employees. Any commanding officer may initiate recommendations for the dismissal, demotion, or suspension of enforcement officers of the department; however, such disciplinary action shall be carried out only by the superintendent or the superintendent's designee.
(b) When a commanding officer becomes aware that just cause for dismissal, demotion, or suspension may exist, the commanding officer shall endeavor to determine the validity of the allegation of misconduct and recommend appropriate action through the chain of command.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-4 - Probationary and working test periods

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 4.
(a) All newly employed enforcement officers shall be subject to a one (1) year probationary period, from the date of appointment, which may be extended for up to one (1) additional year.
(b) All nonprobationary enforcement officers who are promoted shall be subject to a one (1) year working test period, from the date of promotion, which may be extended for up to one (1) additional year.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-5 - Written charges and predisciplinary meeting

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 5.
Whenever it is determined that the dismissal, demotion, or suspension of a nonprobationary officer may be appropriate, the officer shall be entitled to a written statement of the charges and a predisciplinary meeting with the superintendent or the superintendent's designee. The officer may bring a representative to the predisciplinary meeting.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-6 - Discharge, demotion, or suspension

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 6.
(a) The superintendent of the excise police, or the superintendent's designee, may discharge, demote, or suspend a nonprobationary officer, for just cause, after preferring charges in writing and after the employee has been afforded the opportunity to participate in a predisciplinary meeting. The superintendent will normally impose discipline in a progressive manner; however, the superintendent shall retain the right to impose discipline which is appropriate to the seriousness of an individual incident or situation.
(b) A probationary officer may be dismissed at the will of the superintendent. The dismissal of a probationary officer does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.
(c) A nonprobationary officer who has been promoted is required to successfully complete a promotional working test period in order to achieve permanent status in the new rank. A nonprobationary officer on a promotional working test period may be returned to the officer's permanent rank at the will of the superintendent. The return of a nonprobationary officer, who is serving a promotional working test period, to the officer's permanent rank does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.
(d) A nonprobationary officer serving on a spot appointment may be returned to the officer's permanent rank at the will of the superintendent. The return to permanent rank of an officer, who has been serving on a spot appointment, does not constitute a demotion, does not require the preferring of charges, does not require a predisciplinary meeting, and is not subject to review under section 8 of this rule.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-7 - Written notice of decision

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC  7.1-2-2-12
Sec. 7.
(a) The superintendent, or the superintendent's designee, shall give an enforcement officer written notice of any dismissal, demotion, or suspension.
(b) A written notice of dismissal, demotion, or suspension that is issued to a nonprobationary officer shall include a statement of the cause for the discipline imposed.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 42 - Nonprobationary Enforcement Officer; Discharge, Demotion, or Suspension › Section 42-8 - Adjudication of dismissals, demotions, and suspensions

Current through July 10, 2024
Authority: IC  7.1-2-2-12; IC  7.1-2-3-7
Affected: IC 4-21.5
Sec. 8.
(a) A nonprobationary officer who has been notified of a dismissal, demotion, or suspension may, within fifteen (15) days of receipt of the written notification, petition the commission for a hearing.
(b) Commission hearings shall be conducted pursuant to the Administrative Orders and Procedures Act, IC 4-21.5. A nonprobationary officer may be represented at the hearing by legal counsel or by a lay representative.
(c) An adverse decision of the commission is subject to judicial review under the Administrative Orders and Procedures Act, IC 4-21.5.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-1 - Definitions

Current through July 10, 2024
Authority: IC 7.1-3-17.5-5
Affected: IC 4-31-5; IC 4-33-2-17; IC 4-33-6; IC 4-33-6.5; IC
				  4-35-2-5; IC 7.1-3-17.5; IC 7.1-3-20-18
Sec. 1.
The following definitions apply throughout this rule:
(1) "Bar" has the meaning set forth in
				905 IAC
				1-41-1.
(2) "Gambling game" has the meaning set forth
				in IC 4-35-2-5.
(3) "Gambling game
				licensee" means the holder of a permit authorized by IC 4-35-5.
(4) "Gambling game operation" means a place
				of business that is part of or adjacent to a horse track, including without
				limitation, the purveying of:
(A)
				food;
(B) beverages;
(C) retail goods and services; and
(D) transportation; on a gambling gaming
				site.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-2 - Fees

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 7.1-3
Sec. 2.
(a) All
				permit fees must be paid at the time the application for a permit is submitted
				to the commission.
(b) The initial
				license fee and renewal fee for the holder of a gaming site permit is
				twenty-five thousand dollars ($25,000).
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-3 - Scope of permit

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC
				  4-33-7-4;
				  IC
				  7.1-3-4-6; IC
				  7.1-3-9-9; IC
				  7.1-3-14-4
Sec. 3.
(a) The
				holder of a gaming site permit is entitled to purchase alcoholic beverages only
				from a permittee entitled to sell to a retailer under the following:
(1) IC
				4-33-7-4.
(2) IC 7.1-3-4.
(3) IC
				7.1-3-9-9.
(4) IC
				7.1-3-14-4.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 43.1 - Gaming Site Permit › Section 43.1-4 - Permit qualifications

Current through July 10, 2024
Authority: IC
				  7.1-3-17.5-5
Affected: IC 4-33-6; IC 4-33-6.5; IC 4-35-5; IC
				  7.1-3-4-2;
				  IC
				  7.1-3-18-9; IC
				  7.1-5-7-13
Sec. 4.
(a) The
				commission shall not issue a gaming site permit to an individual who is
				disqualified under the special disqualifications of IC
				7.1-3-4-2.
(b) The commission shall not issue a gaming
				site permit to a person who does not hold either:
(1) a riverboat owner's license under IC
				4-33-6;
(2) an operating agent
				under IC 4-33-6.5; or
(2) a
				gambling game license under IC 4-35-5.