Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO

Sec. 1. No Right to Compel Issuance. An applicant for a permit of any type authorized by this title shall have no right to compel the issuance of a permit to him unless otherwise provided in this title. [Pre-1973 Recodification Citations: 7-1-1-13; 7-1-1-42(5).] Formerly: Acts 19…

[Pre-1973 Recodification Citation: 7-2-3-2(b).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.

Sec. 11. Whenever an application for the renewal of a permit to sell alcoholic beverages at retail, except a temporary beer or wine permit, is denied by the commission, the applicant may seek judicial review of that action by following IC 4-21.5-5, except that the action for judi…

Sec. 12. Cessation of Qualifications. The commission may revoke the permit of a permittee if he at any time ceases to possess any of the qualifications, including the alteration or cessation of the particular business or type of business then engaged in, which qualifies him to ho…

Sec. 13. Location of Premises. The commission may void a permit issued upon an application not fully disclosing the true facts in respect to the location of the premises for which the permit applied for is to be applicable. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerl…

Sec. 14. Revocation for Refusal to Allow Examination. The commission shall revoke the permit of a person, or refuse to issue a permit to a person, who refuses to permit the lawful examination of his books, papers, and records, or the investigation and examination of his premises …

[Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.250-2003, SEC.18.

Sec. 16. The commission may revoke: (1) a wholesaler's, retailer's, or dealer's permit of any type; (2) the permit of a farm winery that sells and delivers under IC 7.1-3-12-5(a)(14); or (3) the permit of an artisan distillery that sells and delivers under IC 7.1-3-27-8(a)(11); a…

Sec. 17. Revocation for Possession of Wagering Stamp. The commission shall revoke the permit of a retail permittee who purchases, holds, or has in his possession a wagering occupational tax stamp issued by the United States internal revenue authorities. [Pre-1973 Recodification C…

[Pre-1973 Recodification Citation: 7-2-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.3. IC 7.1-3-23-19 Revocation for allowing minor on premises Sec. 19. The commission shall revoke the permit of a person who violates a provision of IC 7.1-5-7-14, and t…

Sec. 20. The commission shall deny the application, or revoke the permit, of a person who: (1) includes on the list of interested parties required to be filed by IC 7.1-3-21-8, a: (A) fictitious name; or (B) a person disqualified under this title from having an interest in an alc…

Sec. 20.5. (a) As used in this section, "adult entertainment" means adult oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. (b) This section applies to the holder of a retailer's permit that provides adult entertainment on the …

Sec. 21. Revocation upon Petition. The commission shall revoke the permit of a retail permittee upon the petition of sixty-six per cent (66%) of the registered voters of a township or precinct stating that the permittee within that township or precinct has been convicted, either …

Sec. 22. The petition authorized by section 21 of this chapter shall be addressed to the commission and shall specify the name and business address of the permittee against whom the petition is directed. The petition shall bear on each page the name and address of the circulator …

Sec. 23. (a) This section applies to a brewer that manufactures, in aggregate, more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. (b) The commission shall revoke the permit of a brewer or beer wholesaler who holds an int…

interest Sec. 24. The commission shall revoke the permit of a liquor wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-6. [Pre-1973 Recodification Citation: 7-1-1-42(p).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.124; P.L.279-2…

Sec. 25. The commission, after notice and hearing, may suspend for no more than thirty (30) days, or revoke, an agreement and bond filed pursuant to IC 7.1-3-2-4, and IC 7.1-3-2-5, if the principal violates the principal's agreement with the commission. The commission also may ta…

[Pre-1973 Recodification Citation: 7-2-1-9(g).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.2; Acts 1979, P.L.83, SEC.7; Acts 1982, P.L.69, SEC.9. Repealed by P.L.100-1983, SEC.8.

revocation or suspension of permit; fines; written findings and conclusions Sec. 26.1. (a) A retailer permittee or dealer permittee who violates IC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, or be fined a…

Sec. 27. The commission may revoke the permit of a permittee for the violation of an order entered by it pursuant to IC 7.1-2-7. A revocation under this section may be made after not less than ten (10) days notice to the permittee. The notice shall inform the permittee of the tim…

Sec. 28. The commission may suspend or revoke the permit of a permittee if the court finds that the permittee has violated any of the provisions of an injunction issued by it under the provisions of IC 7.1-3-3-17. [Pre-1973 Recodification Citation: 7-2-1-23(c).] Formerly: Acts 19…

Sec. 29. Revocation Re Taxes and Bonds. The commission may revoke the permit of a manufacturer or wholesaler of alcoholic beverages for the failure to pay the taxes when required to do so by this title, or for the failure to keep in force the bond required of the applicant for hi…

Sec. 3. The commission, pursuant to section 2 of this chapter, may impose upon a permittee the following civil penalties: (1) An amount of not more than four thousand dollars ($4,000) for each violation if the permittee is a brewer, an artisan distiller, or a distiller. (2) An am…

Sec. 30. Denial of Wholesalers' Permit. The commission shall not deny, fail to renew, or revoke a wholesaler's permit of any type on arbitrary, capricious, or political grounds. [Pre-1973 Recodification Citation: 7-2-1-16.] Formerly: Acts 1973, P.L.55, SEC.1.

Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler's permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior co…

Sec. 32. Notice to Permittee in Certain Cases. The commission shall give notice of its proposed action to the applicant or permittee if the commission determines not to issue or renew a manufacturer's or wholesaler's permit, or if the commission determines to take action to revok…

Sec. 34. Final Action of Commission. The commission shall take final action within ten (10) days after the hearing and enter an appropriate order in the matter and shall notify the applicant, or permittee, of its action by registered mail. [Pre-1973 Recodification Citation: 7-1-1…

Sec. 35. Court Review Available. The applicant, or permittee, within ten (10) days of the receipt of the commission's notice of final action, may appeal to the circuit or superior court of Marion County, from the final order of the commission denying, suspending, or revoking his …

Sec. 36. Initiation of Appeal. The appeal shall be taken by the applicant, or permittee, by filing written notice of his intention to appeal from the final order of the commission to the appropriate court, and by filing a bond with the commission in the penal sum of one thousand …

Sec. 37. Appeal Bond. The appeal bond filed with the commission by an applicant, or permittee, shall be a corporate bond secured by a surety company duly authorized to do business in Indiana, or by freehold sureties, shown by verification or otherwise, to be worth in unencumbered…

Sec. 38. Transmission of Record. The commission, within ten (10) days after the filing of the notice of appeal and the appeal bond with the commission, shall transmit the papers, files, written evidence and the transcript of the hearing, to the clerk of the court to which the app…

Sec. 39. Stay of Suspension or Revocation: General Rule. The final order of revocation or suspension entered by the commission shall be stayed for ten (10) days from the date of the final order whenever a manufacturer's or wholesaler's permit of any type is revoked or suspended f…

Sec. 4. The commission, if a fine imposed pursuant to IC 7.1-3-23-2 is not paid according to the order of commission, may suspend or add to the period of suspension of a permit in the following increments: (1) A period of one (1) day for each one hundred dollars ($100) remaining …

Sec. 40. Stay Pending Appeal. The final order of suspension or revocation shall be stayed, when the proper procedures for taking an appeal have been complied with, until the appeal has been disposed of finally, or until the appeal has been dismissed for lack of prosecution. [Pre-…

Sec. 41. Trial. The action shall be entered upon the civil docket of the court to which the appeal is taken naming the appellant applicant, or permittee, as plaintiff, and the commission as defendant. No formal pleadings shall be required and the case shall be set for hearing by …

Sec. 42. A permittee during the period that the order of suspension or revocation is stayed under section 39 or 40 of this chapter shall be fully authorized and entitled to continue to do business under the permittee's permit as though the permittee's permit had not been suspende…

Sec. 43. (a) The commission may suspend the permit of a permit holder if: (1) the permit holder has not paid the person who sold the permit to the permit holder in accordance with the terms of the sale; (2) the seller of the permit receives a judgment against the permit holder in…

suspension; reinstatement Sec. 44. (a) As used in this section, "bureau" refers to the child support bureau of the department of child services established by IC 31-25-3-1. (b) As used in this section, "delinquent" has the meaning set forth in IC 4-35-2-3.5. (c) Upon receiving an…

support order; notice; reinstatement Sec. 45. (a) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall: (1) suspend the employee's permit of; or (2) deny an employee's permit or the renewal of an employee's permit to…

Sec. 5. The commission shall revoke a permit of any type only on account of the violation of, or refusal to comply with, a provision of this title or of a rule or regulation of the commission, or on account of a violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A findin…

Sec. 6. Revocation of Permits: Procedure. The commission shall give at least ten (10) days notice to the holder of the permit proposed to be revoked. The notice shall inform the holder of the time and place of the hearing to be held in regard to the proposed revocation. Unless ot…

Sec. 7. (a) Except as provided in subsection (b), the commission, after notice and hearing, and for cause other than that expressly provided in this title, may suspend a permit to manufacture, transport or sell alcoholic beverages for not longer than thirty (30) days for the viol…

Sec. 8. A proceeding before the commission which could result in the revocation or suspension in excess of three (3) days of the permit of a permittee authorized to sell alcoholic beverages at retail shall be conducted in the manner prescribed in section 6 of this chapter. [Pre-1…

Sec. 9. Whenever the permit of a permittee authorized to sell alcoholic beverages at retail is revoked or suspended in excess of three (3) days by action of the commission, the aggrieved permittee may seek judicial review of the action by following IC 4-21.5-5, except that the ac…