reglab/statecodes huggingface dataset:
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-3 - Package alcoholic beverages; restrictions on floor space used for sale

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. 3.
The total floor space area for the sale and display of
				  package alcoholic beverages shall not exceed one-fourth (¼) of the total
				  floor space area of the licensed premises or three hundred (300) square feet,
				  whichever is the lesser area.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-4 - Package alcoholic beverages; floor plan of sale area to be approved by commission

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. 4.
The floor plans of the licensed premises of each retail
				  permittee must be approved by the alcohol and tobacco commission prior to the
				  granting of the retailer's permit. Such floor plans must clearly designate the
				  dimensions and location of any area to be used for the sale of package
				  alcoholic beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-6 - Violation of floor area requirement for retailers

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. 6.
Sections 2 through 3 of this rule shall not apply to a
				  permittee in any case where the floor plans of licensed premises, with respect
				  to an area now used for the sale of package liquor, have been approved by the
				  alcohol and tobacco commission (commission) as of the effective date of this
				  rule. In the event that on the date of the adoption of this rule, the licensed
				  premises of a retailer's permit violates the provisions hereof, and the floor
				  plans of such premises have not been approved by the commission, such permittee
				  shall have one hundred twenty (120) days after the effective date of this rule
				  in which to comply fully herewith and to submit to the commission floor plans
				  showing such compliance.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 29 - Selling of Package Alcoholic Beverages by Retail Permittee › Section 29-7 - Package alcoholic beverages; change of approved floor plan a violation

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. 7.
Any change in the floor plans of the licensed premises of
				  any retail permittee made after the date of the adoption of this rule shall
				  require the prior approval of the alcohol and tobacco commission, and failure
				  to obtain such prior approval shall constitute a violation 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 29-8 - Package alcoholic beverages; sold only during retailer business hours

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. 8.
Package alcoholic beverages may be sold only during the
				  hours that the retail permittee is open for business as a retail permittee.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 30 - Deposit of Retailer or Dealer Permit in Commission Escrow › Section 30-1 - Request to deposit retailer, dealer permit to commission

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-3.5; IC
				  7.1-3-1.1
Sec. 1.
Pursuant to IC
				  7.1-3-1.1, a permittee may
				  deposit their permit with the commission for a period of up to one (1) year
				  from the date of issuance or its most recent expiration date. The request for
				  the action shall be in writing and shall state the reasons why the permittee is
				  unable to immediately operate the business to which the permit applies. The
				  permittee shall also include a proposed timetable and plan for putting the
				  permit into use.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 30 - Deposit of Retailer or Dealer Permit in Commission Escrow › Section 30-2 - Release of permit; premises must pass inspection

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-3.5
Sec. 2. A permittee may request and receive said permit from
				  the commission at any time at which the term of the permit remains unexpired.
				  Prior to release of the permit, the premises must pass an inspection by the
				  excise police.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 30 - Deposit of Retailer or Dealer Permit in Commission Escrow › Section 30-4 - Unused permit not transferable; exception

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-3.5;
				  IC 7.1-3-22
Sec. 4.
If the deposited permit has never been used by the permittee
				  and is subject to the quota provisions of IC 7.1-3-22, the commission shall
				  accept no application for a transfer of ownership except upon a showing of
				  exceptional and unusual circumstances and a showing that the permittee had no
				  intent to speculate in the sale of said permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 31 - Wholesale Pricing Practices › Section 31-1 - Price dissemination to customers

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-3-5; IC
				  7.1-3-8-3; IC
				  7.1-3-13-3;
				  IC
				  7.1-5-5-7
Sec. 1.
All prices, discounts, or allowances offered by liquor, wine,
				  or beer wholesalers shall be disseminated by the wholesaler to his customers in
				  such a manner and for such a period of time as is calculated to insure that
				  such customers are afforded as
[sic.]
reasonable opportunity
				  to secure the advantage of the price, discount, or allowance being offered. For
				  dissemination purposes the customer will be anyone the wholesaler had sold
				  alcoholic beverages to within the last thirty (30) days.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 31 - Wholesale Pricing Practices › Section 31-2 - Wholesale price terms

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-3-3-5; IC 7.1-3-8-3; IC 7.1-3-13-3; IC
				  7.1-5-5-7
Sec. 2.
Wholesale prices and terms shall be in writing: All price,
				  discount or allowance schedules shall be in writing, shall state the beginning
				  and ending dates of the offer and shall set forth any other conditions or
				  limitations. Wholesalers shall be prepared at all times during the regular
				  business hours to furnish a copy of such schedules then in effect, or in effect
				  at any time during the preceding two (2) years to any authorized representative
				  of the commission and/or an auditor representing the alcoholic beverage
				  commission. For the purposes of this rule
[ 905 IAC 1-31 ]
a
				  reasonable opportunity to secure the advantage of the price, discount, and
				  allowance offered shall be preseumed
[sic.]
providing the
				  offer is extended for not less than seven (7) days after dissemination of the
				  price list to all customers.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 31 - Wholesale Pricing Practices › Section 31-3 - Invoices

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-3-5; IC
				  7.1-3-8-3; IC
				  7.1-3-13-3;
				  IC
				  7.1-5-5-7
Sec. 3.
All invoices must reflect:
(1) Name, address, and permit number of the
				seller.
(2) Name, address, and
				permit number of the purchaser.
(3)
				Date invoiced.
(4) Total price of
				the alcoholic beverages delivered, either by the bottle, can, keg, package,
				container, originally fully packed case, mixed case, or any combination
				thereof.
(5) Discounts or
				allowances of any kind with reference to previously disseminated written
				offer.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 31 - Wholesale Pricing Practices › Section 31-4 - Evidence of sale

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-3-5; IC
				  7.1-3-8-3; IC
				  7.1-3-13-3;
				  IC
				  7.1-5-5-7
Sec. 4.
Said invoices shall constitute prima-facie evidence of the
				  sales price charged for the purpose of enforcement of Indiana alcoholic
				  beverage laws and regulations.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-1-3-20;
				  IC
				  7.1-2-3-32
Sec. 1.
(a) The
				definitions in this section apply throughout this rule.
(b) "Commonly owned" means retailer and
				dealer permits owned by the same:
(1)
				individual or individuals;
(2)
				partnership;
(3)
				corporation;
(4) limited liability
				company; or
(5) limited
				partnership.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-2 - Limitations

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-32
Sec. 2.
(a) For
				purposes of this rule, commonly owned retailer and dealer permits, who are not
				otherwise a party to a group purchasing agreement shall, by virtue of the
				commonality of ownership, be construed to have entered into a group purchasing
				agreement with the following requirements:
(1)
				The commonly owned permit holder shall maintain a written list of all permit
				numbers and the expiration dates thereof on each permit premises owned or
				leased by the common permit holder.
(2) The commonly owned permit holder shall
				furnish a copy of the list required in subdivision (1) to each wholesale
				permittee making sales to any retailer and dealer permittee on such
				list.
(3) The commonly owned permit
				holder shall furnish to the wholesaler the name and permit premises address of
				the designated agent with the authority to contract for the purchase and
				delivery of alcoholic beverages on behalf of the commonly owned
				permits.
(4) The commonly owned
				group purchasing agreement shall submit to the commission the group purchasing
				agreement on a form approved by the commission and a group purchasing agreement
				premises floor plan for approval under section 4(c) of this rule if the
				commonly owned group purchasing agreement intends to utilize an extended floor
				plan.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-3 - Procedures

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-32
Sec. 3.
(a) A group
				purchasing agreement shall:
(1) be in
				writing;
(2) be on a form approved
				by the commission;
(3) be signed
				and dated by each retailer or dealer permittee that is a party to the
				agreement;
(4) designate one (1) of
				the parties to the agreement as designated agent with authority to contract for
				the purchase and delivery of alcoholic beverages on behalf of all parties to
				the agreement;
(5) set forth the
				current permit number and the expiration date of each party to the agreement;
				and
(6) provide for the joint and
				several liability of each party to the agreement in the event the total amount
				due on a master invoice (less credits, returns, and allowances) described in
				section 4(a) and 4(b) of this rule is not paid in full.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-4 - Delivery, acceptance, and vesting of title of the alcoholic beverages purchased under group purchasing agreement

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-2-3-32; IC 7.1-5-10-2; IC 7.1-5-10-12
Sec. 4.
(a) The
				following are requirements concerning sales to independently owned retailer and
				dealer permittees:
(1) A wholesaler making
				sales to independently owned retailer and dealer permittees, pursuant to a
				group purchasing agreement under this rule, shall issue a master invoice to the
				agent designated in the agreement:
(A)
				describing the alcoholic beverages sold, providing all other information
				required by
				905 IAC 1-31-3;
				and
(B) indicating the permit
				numbers and expiration dates of all retailer and dealer permittees who are
				parties to the agreement and who are to share the alcoholic beverages that are
				the subject of the sale.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-5 - Transportation by retailers and dealers of alcoholic beverages purchased under group purchasing agreement

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-2-3-32; IC 7.1-5-10-12
Sec. 5.
(a) Alcoholic
				beverages purchased under a group purchasing agreement of independently and
				commonly owned retailer and dealer permittees may be transported by any party
				to the agreement from the licensed premises of the designated agent or the
				group purchasing agreement premises to that party's licensed premises, provided
				that the alcoholic beverages being transported are accompanied by a copy of the
				following:
(1) The party's current retailer or
				dealer permit.
(2) The group
				purchasing agreement under which the alcoholic beverages were
				purchased.
(3) The subinvoice
				describing the alcoholic beverages being transported.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 32.1 - Group Purchasing Agreements › Section 32.1-6 - Filing requirements of group purchasing agreement; amendments, additions, or deletions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-2-3-32
Sec. 6.
Group purchasing agreements and group purchasing agreement
				  premises floor plans, including any amendments, deletions, or additions
				  thereto, shall be filed with the commission. Copies of all group purchasing
				  agreements must be kept by all parties to such agreement, as well as
				  wholesalers making sales under such agreements, so long as such agreements are
				  in force. Group purchasing agreements located in the office of the commission
				  shall be available for public inspection during the commission's regular
				  business hours.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 33.1 - Permit Auction › Section 33.1-1 - Permit auction

Current through July 10, 2024
Authority: IC 7.1-2-3-7; IC 7.1-3-22-9
Affected: IC 1-1-3.5-3; IC 1-1-4-1; IC 5-3-1-2; IC 5-3-1-6;
				  IC 7.1-3-1.1; IC 7.1-3-22-9
Sec. 1.
(a) The
				commission shall conduct auctions under IC 7.1-3-22-9 as often as necessary.
				However, an auction shall be held at least annually.
(b) A permit is available for purposes of
				this section in one (1) of the following circumstances:
(1) Where a permit becomes inactive for
				whatever reason, revocation, failure to renew, denial of renewal, surrender, or
				abandonment, thereby creating a vacancy when none existed before in the quota
				provisions of IC 7.1-3-22.
(2)
				Where a change in the population, as defined in IC 1-1-3.5-3, results in an
				increase in the quota.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 34 - Temporary Bartender's Permit › Section 34-1 - Work location

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3
Sec. 1.
The commission, pursuant to IC
				  7.1-3-18-11,
				  may issue a temporary bartender's permit to a person for the purpose of being a
				  bartender at an activity or event for which a temporary permit is issued
				  pursuant to IC 7.1-3-6 or IC 7.1-3-16. The temporary bartender's permit may be
				  issued for no more than the time period covered by the temporary permit. The
				  temporary bartender's permit allows the holder to work only at the location
				  covered by the temporary permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 34 - Temporary Bartender's Permit › Section 34-2 - Requirements

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-18-11
Sec. 2.
The applicant for the temporary bartender's permit shall
				  meet the same requirements and have the same qualifications as an applicant for
				  a regular employee's permit.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-14;
				  IC
				  7.1-3-1-25;
				  IC
				  7.1-5-7-10;
				  IC
				  7.1-5-7-11
Sec. 1.
The following definitions apply throughout this rule:
(1) "Organized sporting competition" means a
				sporting event sanctioned by a recognized governing or regulating
				body.
(2) "Sports arena" means an
				indoor or outdoor facility with the main purpose and function being organized
				sporting competition, but does not include:
(A) a facility to which IC
				7.1-3-1-25(a)
				 applies;
(B) a tract that contains a premises that is
				described in IC
				7.1-3-1-14(e)(2);
				or
(C) a facility primarily used
				for professional competition.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-2 - Basic qualifications

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-2
Sec. 2.
In order to qualify as a sports arena, a premises shall meet
				  the following requirements:
(1) Meet
				all of the requirements of the underlying 1-way, 2-way, or 3-way alcoholic
				beverage permit.
(2) Be totally
				enclosed by some type of finite boundary which prohibits free ingress and
				egress except for entrances and exits which must be so designated that they are
				easily controlled by the permittee.
(3) Be regularly used (at least seasonally)
				for organized sporting competition.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-3 - Ownership of the permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-2
Sec. 3.
The holder of the alcoholic beverage permit must be either
				  the owner or the lessee of the land and of the buildings on which the sports
				  arena is located.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-4 - Restaurant required

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-2;
				  IC
				  7.1-3-20-9
Sec. 4.
(a) The
				sports arena must maintain a restaurant which meets the minimum food
				requirements of IC 7.1 and this title. The restaurant must be open and the
				service of food available at all times when alcoholic beverages are being
				dispensed anywhere upon the licensed premises.
(b) Minors shall not loiter in the restaurant
				as defined in IC 7.1 and this title.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-5 - Floor plan approval

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3
Sec. 5.
The floor plan and any changes therein of the restaurant or
				  the surrounding sports arena must be approved by the Indiana alcoholic beverage
				  commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-6 - Areas where alcoholic beverages may be dispensed

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-6; IC
				  7.1-3-20-9
Sec. 6.
(a)
				Alcoholic beverages, for on-premises consumption only, may be dispensed only
				from the restaurant, service window, and snack stands within the approved
				boundaries of the sports arena.
(b)
				The snack stands must be a semipermanent structure and meet the minimum food
				requirements of IC 7.1 and this title, except for hot soup. A tent is not
				acceptable.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-7 - Service window allowed

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-6; IC
				  7.1-3-20-9
Sec. 7.
(a) There
				may be constructed one (1) service window to the outside area from the main
				restaurant which is no larger than thirty (30) inches high and one hundred
				twenty (120) inches wide. The bottom of the service window shall not be less
				than forty-eight (48) inches from the floor. Alcoholic beverages shall be
				dispensed from the service window only during allowed hours of operation of
				approved snack stands and must be maintained solely by licensed
				personnel.
(b) The service window
				shall only be accessible to customers from the outside. The minimum food
				requirements of IC 7.1 and this title must also be maintained, except for hot
				soup.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-8 - Sales of alcoholic beverages

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-6
Sec. 8.
(a)
				Alcoholic beverages may be dispensed from the snack stand beginning one (1)
				hour prior to the start of an organized sporting competition and must cease
				within one (1) hour after the end of the competition providing the hours are
				within the statutory limits of IC 7.1.
(b) Only snack stands within the immediate
				proximity of the organized sporting competition may sell alcoholic beverages
				during the event.
(c) The
				qualifying restaurant may sell alcoholic beverages during legal hours under IC
				7.1.
(d) There shall be no carry
				out sales allowed from any location at any time.
(e) No alcoholic beverages may be carried
				into or upon the sports arena whether or not alcoholic beverages are being
				dispensed by the permit holder.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-9 - Adherence to sporting rules

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-2
Sec. 9.
The sports arena shall comply with all applicable rules and
				  regulations of the recognized sanctioning body of a given sporting event
				  regarding the service of alcoholic beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-10 - Toilets

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3
Sec. 10.
Adequate and separate toilet facilities must be provided
				  throughout the approved area in near proximity to where alcoholic beverages are
				  being dispensed. These toilets are in addition to those required in the
				  qualifying restaurant.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35 - Sports Arenas › Section 35-11 - Filing of sanctioning organizations

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3
Sec. 11.
In addition to all other required paperwork for new permits,
				  transfers of ownership or location, or the renewal of any existing permit, the
				  applicant or permit holder seeking approval to be classified as a sports arena
				  shall file with the commission a list of all sanctioning organizations that
				  will or may be reasonably expected to sanction sporting competition at the
				  sports arena. The Indiana alcoholic beverage commission reserves the right to
				  approve or deny any sanctioning organization and will give notice to the
				  permittee of any details.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-1 - Definitions

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-1-25;
				  IC
				  7.1-3-6-16;
				  IC
				  7.1-3-14-6;
				  IC
				  7.1-5-7-11
Sec. 1.
The following definitions apply throughout this rule:
(1) "Auto race track" means an outdoor
				facility with the main purpose and function being organized sporting
				competition, but does not include the following:
(A) A facility to which IC
				7.1-3-1-25(a)
				 applies.
(B) A tract located in a county containing a
				consolidated city that contains a premises used in connection with the
				operation of a paved track more than two (2) miles in length that is used
				primarily in the sport of auto racing.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-2 - Basic qualifications

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-6-16;
				  IC
				  7.1-3-14-6
Sec. 2.
In order to qualify as an auto race track, a premises shall
				  meet the following requirements:
(1)
				Meet all of the requirements of the underlying one-way or two-way alcoholic
				beverage permit.
(2) Be totally
				enclosed by some type of finite boundary that prohibits free ingress and egress
				except for entrances and exits, which must be so designated that they are
				easily controlled by the permittee.
(3) Be regularly used (at least seasonally)
				for organized sporting competition.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-3 - Ownership of the permit

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-4-2
Sec. 3.
The holder of the alcoholic beverage permit must be either
				  the owner or the lessee of the land and of the buildings on which the auto race
				  track is located.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-4 - Minimum food services required

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-3-6-16; IC 7.1-3-14-6
Sec. 4.
The auto race track must maintain the minimum food
				  requirements of
				  905 IAC 1-20,
				  except for hot soup. Such food service must be available at all times when
				  alcoholic beverages are being dispensed anywhere upon the licensed
				  premises.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-5 - Floor plan approval

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3
Sec. 5.
The floor plan and any changes therein of the auto race
				  track must be approved by the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-6 - Dispensing alcoholic beverages and food

Current through July 10, 2024
Authority: IC 7.1-2-3-7
Affected: IC 7.1-3-6-16; IC 7.1-3-14-6
Sec. 6.
(a)
				Alcoholic beverages, for on-premises consumption only, may be dispensed within
				the approved boundaries of the auto race track.
(b) The facility shall contain at least one
				(1) snack stand, which must be a permanent or semipermanent structure or
				portable food cart and meet the minimum food requirements of
				905 IAC 1-20,
				except for hot soup.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-7 - Sales of alcoholic beverages

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7;
				  IC
				  7.1-3-1-14;
				  IC
				  7.1-5-8-6;
				  IC
				  7.1-5-10-1
Affected: IC
				  7.1-3-4-6
Sec. 7.
(a)
				Alcoholic beverages may be served at any time providing the hours are within
				the statutory limits of IC
				7.1-3-1-14
				and IC
				7.1-5-10-1.
(b) There shall be no carryout sales allowed
				from any location at any time.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-8 - Adherence to sporting rules

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-2
Sec. 8.
The auto race track shall comply with all applicable rules
				  and regulations of the recognized sanctioning body of a given sporting event
				  regarding the service of alcoholic beverages.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 35.1 - Auto Race Tracks › Section 35.1-9 - Filing of sanctioning organizations

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-6-16;
				  IC
				  7.1-3-14-6
Sec. 9.
In addition to all other required paperwork for new permits
				  or the renewal of any existing permit, the applicant or permit holder seeking
				  approval to be classified as an auto race track shall file with the commission
				  a list of all sanctioning organizations that will or may be reasonably expected
				  to sanction sporting competition at the auto race track.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-1 - Advertising of local board hearing

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  7.1-3-19-3; IC
				  7.1-3-19-7
Sec. 1.
(a) Upon
				receipt of a completed application accompanied by the statutory fee, the
				application shall be advertised for investigation before the local board
				pursuant to IC
				7.1-3-19-3 through
				IC
				7.1-3-19-7,
				unless prior commission approval is required under subsection (b). The
				commission shall notify the applicant of the date, time, and location of the
				hearing at least fifteen (15) days prior to the hearing date.
(b) The following permits shall not be
				advertised, but shall be referred to the commission for processing approval:
(1) Permits in escrow under IC
				7.1-3-1-35
[sic.]
.
(2) Permits not meeting food sales
				requirements, if any.
(3) Permits
				over thirty (30) days expired.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-2.5 - Remand of application to local boards

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6;
				  IC
				  7.1-3-23-11
Sec. 2.5.
The Indiana alcoholic beverage commission, at its
				  discretion, may remand an application to a local board for further
				  investigation. Upon such a remand by the Indiana alcoholic beverage commission,
				  the application must be readvertised as prescribed under IC 7.1. If the
				  decision by the Indiana alcoholic beverage commission on an application is
				  ultimately appealed by the applicant or a remonstrator, the hearing officer may
				  consider any evidence presented at the original local board investigation as
				  well as any evidence presented at the investigation on remand, if a remand
				  occurred.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-3 - Prehearing conference

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6
Sec. 3.
(a) The
				commission may conduct a prehearing conference.
(b) The hearing judge for the prehearing
				conference shall set the time and place of the conference and give reasonable
				written notice to the applicant or permittee, as the case may be, and to any
				remonstrator or intervening remonstrator.
(c) The notice must include the following:
(1) The name and mailing address of the
				applicant or permittee, as the case may be, and to any remonstrator or
				intervening remonstrator.
(2) The
				official file or other reference number, the name of the proceeding, and a
				general description of the subject matter.
(3) A statement of the time, place, and
				nature of the prehearing conference.
(4) The name, official title, and mailing
				address of the hearing judge for the prehearing conference and a telephone
				number through which information concerning hearing schedules and procedures
				may be obtained.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-4 - Conduct of prehearing conferences

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6
Sec. 4.
(a) The
				hearing judge may conduct all or part of the prehearing conference by
				telephone, television, or other electronic means if each participant in the
				conference has an opportunity to participate in and to hear the entire
				proceeding while it is taking place.
(b) The hearing judge shall conduct the
				prehearing conference, as may be appropriate, to deal with such matters as
				follows:
(1) Resolution of the issues in the
				proceeding.
(2) Exploration of
				settlement possibilities.
(3)
				Preparation of issues.
(4)
				Clarification of stipulations.
(5)
				Rulings on identity and limitation of the number of witnesses.
(6) Objections to proffers of
				evidence.
(7) A determination of
				the extent to which direct evidence, rebuttal evidence, or cross-examination
				will be presented in written form.
(8) The order of presentation of evidence and
				cross-examination.
(9) Rulings
				regarding issuance of subpoenas, discovery orders, and protective
				orders.
(10) Such other matters as
				will promote the orderly and prompt conduct of the hearing.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-5 - Subpoenas, discovery orders, and protective orders

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6
Sec. 5.
(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 36 - Procedure after Local Board Investigation and Recommendation › Section 36-6 - Appearance

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6
Sec. 6.
Any applicant, remonstrator, or intervening remonstrator may
				  participate in a proceeding in person or by an authorized representative.
				  Whether or not participating in person, any applicant, remonstrator, or
				  intervening remonstrator may be advised and represented at his own expense by
				  counsel or, unless prohibited by law, by another representative. A
				  representative or an attorney shall serve an appearance on the commission at or
				  before the hearing.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 36 - Procedure after Local Board Investigation and Recommendation › Section 36-7 - Conduct of hearings

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6;
				  IC 7.1-3-19
Sec. 7.
(a) The
				transcript or the tape recording of the local board hearing shall be submitted
				into evidence at the hearing, along with the commission's file which shall
				include any documents presented at the local board hearing. The commission
				shall hear additional evidence from the applicant and the remonstrators or
				intervening remonstrators, if any. The commission shall conduct the appeal
				hearing as a de novo hearing.
(b)
				The hearing judge shall regulate the course of the proceedings in conformity
				with any prehearing order and in an informal manner without recourse to the
				technical, common law rules of evidence applicable to civil actions in the
				courts.
(c) To the extent necessary
				for full disclosure of all relevant facts and issues, the hearing judge shall
				afford to the applicant, remonstrator, or intervening remonstrator 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.
(d) The hearing judge may, after a prehearing
				order is issued, impose conditions upon the applicant, remonstrator, or
				intervening remonstrator necessary to avoid unreasonably burdensome or
				repetitious presentations, such as the following:
(1) Limiting participation to designated
				issues in which the person has a particular interest.
(2) Limiting the 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 persons 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 36 - Procedure after Local Board Investigation and Recommendation › Section 36-8 - Evidence

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6;
				  IC
				  4-21.5-3-29
Sec. 8.
(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 the
				applicant, remonstrator, intervening remonstrator, or 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 the applicant or
				intervening remonstrator.
(d)
				Documentary evidence may be received in the form of a copy or excerpt. Upon
				request, the applicant, remonstrator, or intervening remonstrator, as the case
				may be, 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 36 - Procedure after Local Board Investigation and Recommendation › Section 36-9 - Proposed findings of fact; conclusions of law; final order

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6;
				  IC
				  7.1-3-19-11;
				  IC
				  7.1-3-23-9
Sec. 9.
(a)
				Following the hearing, the commission shall issue findings of fact, conclusions
				of law, and an order setting forth its final determination. If the appeal
				hearing was held by an individual member of the commission or a duly authorized
				agent of the commission, the person conducting the hearing shall submit
				proposed findings of fact, conclusions of law, and an order to the commission
				for its final approval. Such proposed findings of fact, conclusions of law, and
				order shall be served on the applicant or intervening remonstrator, as the case
				may be, for their written objections which are due to the commission within
				fifteen (15) days of their receipt. The commission shall mail a copy of its
				findings of fact, conclusions of law, and order to the applicant and to any
				remonstrators or intervening remonstrators by certified or registered mail. In
				the case of denial of an application or renewal of an existing permit, the
				commission shall inform the aggrieved party that its decision may be subject to
				judicial review.
(b)
				Notwithstanding anything to the contrary, if the commission's initial action
				under section 2 of this rule is to approve the application, the commission
				shall issue the permit to the applicant and the applicant shall be permitted to
				operate under the permit unless and until the commission's action approving the
				permit is rescinded by commission order.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-1 - Initiation of permit violation proceedings

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC
				  4-21.5-2-6;
				  IC 7.1-3-23; IC 7.1-5
Sec. 1.
A permit violation proceeding is initiated by the service of
				  a notice of violation. The notice of violation shall describe, in reasonable
				  detail, the nature of the alleged violation and shall identify by name,
				  address, and permit number the permittee against whom the permit violation
				  proceeding is being initiated.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-2 - Service of papers

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 2.
(a) This
				section applies to any of the following:
(1)
				Giving of any notice of violation.
(2) Service of any motion, ruling, order, or
				other filed item.
(3) Filing of any
				document with the commission.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-3 - Appearance

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 3.
(a) Any
				party may participate in a proceeding in person or by an authorized
				representative.
(b) Whether or not
				participating in person, any party may be advised and represented at the
				party's own expense by counsel or, unless prohibited by law, by another
				representative.
(c) A
				representative or any attorney shall serve an appearance on the commission at
				or before the prehearing conference.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-4 - Filings

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 4.
(a) The
				hearing judge shall give all parties full opportunity to file pleadings,
				motions, and objections and submit offers of settlement by the date of the
				prehearing conference.
(b) The
				hearing judge, at appropriate stages of a proceeding, may give all parties full
				opportunity to file briefs, proposed findings of fact, and proposed
				orders.
(c) A party shall serve
				copies of any filed item on all parties.
(d) The hearing judge shall serve copies of
				all notices, orders, and other papers generated by the hearing judge on all
				parties.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-5 - Prehearing conference

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 5.
(a) The
				hearing judge may conduct a prehearing conference.
(b) The hearing judge for the prehearing
				conference shall set the time and place of the conference and give reasonable
				written notice to all parties.
(c)
				The notice must include the following:
(1) The
				names and mailing addresses of all known 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 prehearing conference.
(5) A statement of the legal authority and
				jurisdiction under which the prehearing conference and the hearing are to be
				held.
(6) The name, official title,
				and mailing address of the hearing judge for the prehearing conference and a
				telephone number through which information concerning hearing schedules and
				procedures may be obtained.
(7) 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 held in
				default.
Indiana Administrative Code › Title 905 - ALCOHOL AND TOBACCO COMMISSION › Article 1 - GENERAL PROVISIONS › Rule 37 - Permit Violation Procedures › Section 37-6 - Conduct of prehearing conferences

Current through July 10, 2024
Authority: IC
				  7.1-2-3-7
Affected: IC 7.1-3-23; IC 7.1-5
Sec. 6.
(a) The
				prehearing conference shall be held in person at the commission's hearing room,
				but the hearing judge, at his or her discretion, may conduct all or part of the
				prehearing conference by telephone, television, or other electronic means if
				each participant in the conference has an opportunity to participate in, and to
				hear the entire proceeding while it is taking place.
(b) The hearing judge shall conduct the
				prehearing conference, as may be appropriate, to deal with such matters as the
				following:
(1) Resolution of the issues in the
				proceeding.
(2) Exploration of
				settlement possibilities.
(3)
				Preparation of issues.
(4)
				Clarification of stipulations.
(5)
				Rulings on identity and limitation of the number of witnesses.
(6) Objections to proffers of
				evidence.
(7) A determination of
				the extent to which direct evidence, rebuttal evidence, or cross-examination
				will be presented in written form.
(8) The order of presentation of evidence and
				cross-examination.
(9) Rulings
				regarding issuance of subpoenas, discovery orders, and protective
				orders.
(10) Such other matters as
				will promote the orderly and prompt conduct of the hearing.