Title 7.1, ALCOHOL AND TOBACCO

Sec. 3. Clubs Outside Corporate Limits. The commission may issue the appropriate permit upon the application of a club whose premises to be licensed are situated outside the corporate limits of an incorporated city or town if the club meets the following additional requirements: …

Sec. 30. (a) The definitions in section 29 of this chapter apply to this section. (b) As used in this section, "vendor's permit" means a food hall vendor's permit issued to an individual vendor operating within the premises of a food hall for which a master permit is issued under…

Sec. 31. (a) This section applies to the holder of a vendor's permit that owns in whole or in part: (1) a retailer's permit described in section 30(c) of this chapter; and (2) one (1) of the following: (A) A brewer's permit described in IC 7.1-3-2-7(5). (B) A farm winery permit d…

Sec. 4. Clubs Outside Corporate Limits: Exception. A club which has been in continuous existence for at least three (3) years and which has been formed for social, athletic, or outdoor exercise purposes, and which has been well known during that period of time and which either th…

Sec. 5. Clubs: Two Locations. If a club is eligible to be issued a permit for premises situated within a city or town, or outside of the corporate limits of a city or town, one (1) permit may be issued to the club for an establishment located outside of the corporate limits of a …

Sec. 6. In order to be considered a "member of a club" within the meaning of this title, a person must meet the following qualifications: (1) The person must have become a member either as a charter member or by admission in accordance with the articles of incorporation, constitu…

Sec. 7. (a) As used in this title and to be eligible to receive the appropriate permit, "fraternal club" means an association or corporation whose membership is comprised of or forms: (1) a lodge or local chapter or corresponding unit of a fraternal order or of another associatio…

Sec. 8. The commission shall require the enactment of an enabling ordinance as provided in IC 7.1-3-9, before issuing a new liquor retailer's permit to a club in a city or town that has a population of less than five thousand (5,000). This section shall not apply to the renewal o…

Sec. 8.5. (a) As used in this section, "discriminatory practice" means a refusal to provide equal access to and use of services or facilities on the basis of a person's race or color. However, the term does not include a practice of a club or fraternal club that requires a specif…

Sec. 8.6. The holder of a club permit may do the following: (1) Designate one (1) or more days each calendar month as guest days, not to exceed a total of seven (7) guest days in any calendar month. (2) Keep a record of all designated guest days. (3) Invite guests who are not mem…

Sec. 8.7. (a) A restaurant permittee that: (1) is located in a local government jurisdiction in which smoking in the manner described in this section is permitted; or (2) has obtained the written permission of the local government entity responsible for enforcing local smoking or…

Sec. 9. Restaurants: General Requirements. In order to be considered a "restaurant" within the meaning of this title and to be eligible to receive an appropriate restaurant permit under this title, an establishment shall meet the following requirements: (a) It shall be provided w…

Sec. 9.5. (a) This section applies only to a retailer's permit for a restaurant. (b) This section does not apply to a retailer's permit that is issued or transferred to the following: (1) A city market under IC 7.1-3-20-25. (2) A marina under IC 7.1-3-1-25. (3) A state park under…

Sec. 9.6. (a) This section applies only to a restaurant that has a wine retailer's permit, regardless of whether the permittee sells alcoholic beverages for carryout. (b) A restaurant that has a wine retailer's permit may allow a patron to remove one (1) unsealed bottle of wine f…

Sec. 1. Premises Outside Corporate Limits. The commission shall not issue a permit in respect to premises situated outside the corporate limits of an incorporated city or town except as otherwise specifically provided in this article. [Pre-1973 Recodification Citation: 7-1-1-8(4)…

Sec. 10. (a) An application for: (1) a permit for premises; or (2) approval of a designated refreshment area under IC 7.1-3-31; that is situated within a distance of two hundred (200) feet from an elementary or secondary school or church must disclose this fact. (b) The local boa…

Sec. 11. (a) As used in this section, "craft manufacturer" means: (1) a small brewery under IC 7.1-3-2-7(5); (2) a farm winery under IC 7.1-3-12, including any additional locations of the farm winery operated under IC 7.1-3-12-5(b); or (3) an artisan distillery under IC 7.1-3-27.…

Sec. 12. Wagering Occupational Tax Stamp. The commission shall not issue a permit to sell alcoholic beverages at retail to a person who holds, owns, or possesses a wagering occupational tax stamp issued by the United States internal revenue authorities. [Pre-1973 Recodification C…

Sec. 13. 4-H Club Exhibits. The commission shall not issue a temporary beer permit to a person for the express purpose of selling beer at a place where an organized 4-H club association has an exhibit. [Pre-1973 Recodification Citation: 7-3-5-1.] Formerly: Acts 1973, P.L.55, SEC.…

Sec. 14. (a) The commission shall issue a permit for the sale of alcoholic beverages on the Indiana state fair grounds to the Indiana state fair commission. (b) The following applies under this section: (1) A permit holder is entitled to sell alcoholic beverages on the state fair…

Sec. 14.5. (a) As used in this section, "local board" means the board of directors of an agricultural fair society, association, or corporation that is organized under IC 15-14-5. (b) The commission may issue a permit for the sale of alcoholic beverages on the grounds of a county…

Sec. 15. (a) This section does not apply to an employee's permit under IC 7.1-3-18-9. (b) The commission shall not renew or transfer a wholesaler, retailer, dealer, or other permit of any type if the applicant: (1) is seeking a renewal and the applicant has not paid all the prope…

Sec. 4. The commission shall not issue an alcoholic beverage retailer's or dealer's permit of any type to a partnership unless each member of the partnership possesses the same qualifications as those required of an individual applicant for that particular type of permit. [Pre-19…

Sec. 5. Each officer and stockholder of a corporation shall possess all other qualifications required of an individual applicant for that particular type of permit. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.12…

Sec. 5.2. Each general partner and limited partner of a limited partnership must possess all other qualifications required of an individual applicant for that particular type of permit. As added by P.L.51-1994, SEC.11. Amended by P.L.72-1996, SEC.13; P.L.72-2004, SEC.14; P.L.165-…

Sec. 5.4. Each manager and member of a limited liability company must possess all other qualifications required of an individual applicant for that particular type of permit. As added by P.L.51-1994, SEC.12. Amended by P.L.72-1996, SEC.14; P.L.72-2004, SEC.15; P.L.165-2006, SEC.3…

Sec. 6. (a) The provisions of sections 4, 5, 5.2, and 5.4 of this chapter concerning retail and dealer partnerships, corporations, limited partnerships, and limited liability companies shall not apply to the issuance of: (1) a dining car permit; (2) a boat permit; (3) a drug stor…

Sec. 8. (a) The commission shall not issue an alcoholic beverage permit of any type to a person unless that person has on file with the commission a verified list containing the name and address of each person or entity: (1) with actual authority to direct or control the operatio…

Sec. 9. The commission shall not issue an alcoholic beverage wholesaler's permit of any type to a person who holds an elective or appointive public office which has the responsibility of enforcing the state laws regulating the sale of alcoholic beverage. The commission may issue …

Sec. 1. (a) This section applies to a brewery that manufactures more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. (b) The commission may issue and have outstanding only one (1) brewer's permit for each unit of populatio…

Sec. 10. (a) This section applies to a permit subject to a quota under this article that: (1) exceeds the permissible number of permits under the quota; and (2) is eligible for renewal by law despite the permit exceeding the quota. (b) A city or town may purchase a permit describ…

Sec. 2. Beer Wholesalers' Permits Limited. The commission may issue only one (1) beer wholesaler's permit in each county in this state. The commission may issue additional beer wholesaler's permits on the basis of one (1) additional permit for each thirty-five thousand (35,000) u…

Sec. 3. (a) The commission may grant only one (1) three-way permit, one (1) two-way permit, and one (1) one-way permit in an incorporated city or town or in an unincorporated town for each one thousand five hundred (1,500) persons, or fraction thereof, residing within the incorpo…

Sec. 4. (a) The commission may grant: (1) in an incorporated city or town that has a population of less than fifteen thousand one (15,001): (A) one (1) beer dealer's permit for each two thousand (2,000) persons, or a fraction thereof; or (B) two (2) beer dealer's permits; whichev…

Sec. 4.5. (a) As used in this section, "eligible grocery store" means a grocery store (as defined in IC 7.1-1-3-18.5(a)(1)) that meets the following criteria: (1) Is operated in a consolidated city. (2) Was established in whole or in part through a food empowerment pilot project …

Sec. 4.7. (a) Notwithstanding section 4(a) through 4(c) of this chapter, the commission may issue a beer dealer's permit, wine dealer's permit, and liquor dealer's permit to a drug store operated in the city of Westfield. (b) Notwithstanding section 4(a) through 4(c) of this chap…

Sec. 5. (a) The commission may issue only one (1) package liquor store dealer's permit in an incorporated city or town for each eight thousand (8,000) persons, or fraction thereof, within the incorporated city or town. (b) Notwithstanding subsection (a), the commission may renew …

Sec. 6. A three-way permit, regardless of when issued, that is issued to a permittee whose licensed premises consist of a hotel and which premises are located within an incorporated city or town, shall not be included in the quota of three-way permits that may be issued lawfully …

Sec. 7. The provisions of sections 3, 4, and 5 of this chapter shall apply only to applications for new permits and they shall not affect existing permits and transfers of them, whether from person to person or location to location, nor shall they effect any of the limitations, r…

Sec. 8. In making quota determinations under this article, the population of a consolidated city is the population of its fire special service district, except to the extent that the case of Indiana Alcoholic Beverage Commission v. Baker (1972), 153 Ind.App. 118, 286 N.E.2d 174, …

Sec. 9. (a) This section applies to any permit that is subject to the quota provisions of this chapter unless the permit is obtained by sale, assignment, or transfer under IC 7.1-3-24 and a permit described in IC 7.1-3-20-16(j). (b) Whenever a permit to which this chapter applies…

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…

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 …