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

Sec. 11. (a) The commission shall follow the recommendation of a majority of the members of a local board to grant or deny an application for a retailer's or dealer's permit of any type, unless, after the commission's review of that recommendation, the commission determines that …

Sec. 11.5. (a) As used in this section, "applicant" or "application" means an applicant or an application for: (1) a new permit; or (2) the transfer or renewal of an existing permit. (b) This section applies if a permit applicant or a person who remonstrates at a local board hear…

Sec. 12. Return of Fee. The chairman shall deduct the sum of twenty-five dollars ($25) from the license fee paid by the applicant for each application considered, but if the applications are combined in one (1) application, the chairman shall deduct the sum of thirty-five dollars…

Sec. 13. New Permits in Residential Districts: Duty of Commission. The commission shall have the duty in considering an application for a new retailer's permit of any type, or a new liquor dealer's permit, to determine whether the business to be conducted by the applicant pursuan…

Sec. 14. The commission shall have the duty in making the determinations provided in section 13 of this chapter to publish notice that an application for a permit is pending and that a public hearing will be held on the application at a time and place to be stated in the notice. …

Sec. 15. The commission shall consider the matters which may be brought out at the hearing and the sentiments of the residents in making the determinations required by section 13 of this chapter. Further, if at the hearing, there is presented to the commission a verified written …

Sec. 16. New Permits in Residential Districts: Exceptions. The provisions of IC 7.1-3-19-13, 7.1-3-19-14, and 7.1-3-19-15, do not apply to the renewal of existing retailer's permits, nor to the renewal of existing liquor dealer's permits, nor to a nationally chartered veteran's o…

adopt ordinance; recommendations to local board; deny or revoke permit Sec. 17. (a) This section applies to a permit issued under IC 7.1-3-20-16(d), IC 7.1-3-20-16(g), IC 7.1-3-20-16(k) through IC 7.1-3-20-16(q), or IC 7.1-3-20-16.8 if a municipal legislative body has adopted an …

Sec. 2. Jurisdiction Restricted. Except as otherwise provided in this title, no court shall have jurisdiction of an action to compel the issuance of a retailer's or dealer's permit of any type, or to revoke, annul, suspend, or enjoin an action, ruling, finding, or order of the co…

Sec. 3. Prerequisites. The commission, unless otherwise provided in this title, shall not grant an application and issue a retailer's or dealer's permit of any type until the publication of notice, the investigation before the local board, and the other proceedings required by th…

Sec. 4. The commission shall fix the time and place for investigating, before the appropriate local board, the fitness of the applicant, and the propriety of granting his application for the particular retailer's or dealer's permit involved. The investigation shall be held within…

Sec. 5. The commission shall cause one (1) notice of the pending investigation to be published in accordance with the provisions of IC 7.1-3-1-18. The publication of the notice shall be at least five (5) days before the investigation. [Pre-1973 Recodification Citation: 7-1-1-11.]…

Sec. 6. Combined Publication of Notices. The commission may combine in one (1) publication, notices of any number of applications by the same or different applicants if the combined publication contains the required information with respect to each application respectively and if…

Sec. 7. Contents of Notice. The notice shall advise the public of the name of the applicant, the type of permit applied for, the location of the premises as set forth in the application, and the time and place when and where the application will come up for investigation before t…

Sec. 8. Testimony. In the discretion of the designated member of the local board, sworn oral testimony may be heard, and affidavits or duly certified documents may be received. The local board also may utilize any and all sources of unsworn information. [Pre-1973 Recodification C…

Sec. 9. Questionnaires. Each member of the local board, at the conclusion of the investigation, shall answer in writing the questions contained in the questionnaire submitted by the commission in relation to the investigation. Each member of the local board shall sign the questio…

Sec. 9.5. (a) The commission shall provide procedures and forms to allow an applicant for the renewal of a retailer's or dealer's permit to file a simplified application. (b) An applicant for renewal does not have to be present during the local board proceedings on the renewal un…

Sec. 1. Clubs: General Requirements. In order to be considered a "club" within the meaning of this title and to be eligible to receive an appropriate club permit under this title, an association or corporation shall meet the following requirements: (a) It shall have been organize…

Sec. 10. Restaurants Within Corporate Limits. The commission may issue the appropriate permit upon the application of a restaurant if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: …

Sec. 11. The commission may issue a beer retailer's permit to a restaurant if it is located within an unincorporated town, or in close proximity to one, and if the establishment meets the requirements provided in section 9 of this chapter. [Pre-1973 Recodification Citation: 7-1-1…

Sec. 11.5. (a) The commission may issue a three-way permit for the sale of alcoholic beverages, for on-the-licensed-premises consumption only, to the proprietor of a restaurant which is located in a city or town that has a population of less than twenty-five thousand (25,000), if…

Sec. 12. The commission may issue a three-way permit for the sale of alcoholic beverages to the proprietor of a restaurant which is located outside the corporate limits of an incorporated city or town if the restaurant meets the additional requirements: (1) It shall be a table se…

Sec. 13. (a) The commission may issue a three-way permit to the proprietor of a new restaurant which is located outside the corporate limits of an incorporated city or town for the sale of alcoholic beverages if: (1) the applicant proves to the local board and the commission that…

Sec. 13.6. (a) As used in this section, "clubhouse" means a facility: (1) that is located on a golf course; and (2) where alcoholic beverages are sold under a retailer's permit or a club permit issued by the commission. (b) The holder of a retailer's permit or a club permit for t…

Sec. 14. (a) The commission shall not renew the permit of a permittee licensed under section 12 or 13 of this chapter upon the expiration of the permit in the calendar year next succeeding a calendar year in which the permittee's gross food sales are less than one hundred thousan…

[Pre-1973 Recodification Citation: 7-1-1-8(5).] As added by Acts 1973, P.L.55, SEC.1. Amended by Acts 1974, P.L.26, SEC.1. Repealed by Acts 1975, P.L.72, SEC.4.

redevelopment projects or districts; historic river vessels; cultural centers; historic districts; motorsport development districts; premises in qualified motorsports facilities; certain municipalities Sec. 16. (a) A permit that is authorized by this section may be issued without…

permit requirements Sec. 16.1. (a) This section applies to a municipal riverfront development project authorized under section 16(d) of this chapter. (b) In order to qualify for a permit, an applicant must demonstrate that the municipal riverfront development project area where t…

permit; documentation; restriction on issuance of permit Sec. 16.2. (a) This section applies to a municipal lakefront development project authorized under section 16(j) of this chapter. (b) In order to qualify for a permit, an applicant must demonstrate that the municipal lakefro…

Sec. 16.3. If the holder of a permit holds a: (1) permit issued under section 16(c) through 16(q) of this chapter or section 16.8 of this chapter to sell beer for on-premises consumption; and (2) permit for a brewery described in IC 7.1-3-2-7(5) that is located on or adjacent to …

restaurant carryout sales of facility's products Sec. 16.4. (a) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for: (1) a brewery described in IC 7.1-3-2-7(5); (2) a farm winery described in IC 7.1-3-12-3; (3)…

Sec. 16.5. (a) A permit that is authorized by this section: (1) is subject to the quota provisions of IC 7.1-3-22; and (2) is not subject to the proximity provisions of IC 7.1-3-21-11. (b) The commission may issue a retailer's permit to the proprietor of a restaurant that is loca…

certain municipalities Sec. 16.8. (a) A permit that is authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22. (b) Except as provided in section 16.3 of this chapter, the commission may issue not more than four (4) new three-way permits to …

Sec. 17. Service Bars. (a) An establishment which is licensed under the provisions of this article and which has a gross annual business of at least one hundred thousand dollars ($100,000), of which at least fifty percent (50%), is in the retail sale of food, may have, subject to…

Sec. 18. (a) In order to be considered a "hotel" within the meaning of this title and to be eligible to receive an appropriate hotel permit under this title, an establishment shall meet the following requirements: (1) It shall be provided with special space and accommodations whe…

Sec. 18.6. (a) If the commission issues a hotel permit for a hotel that meets the requirements of section 18(a)(2)(B) of this chapter, the holder of the hotel permit shall submit a floor plan or design to the commission of the premises where alcoholic beverages will be served and…

service windows Sec. 18.7. (a) This section applies to the premises of a hotel that is owned by an accredited college or university (as described in IC 24-4-11-2). (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a hotel may sell…

Sec. 19. Hotels Within Corporate Limits. The commission may issue the appropriate permit upon the application of a hotel if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973,…

Sec. 2. The commission may issue the appropriate permit upon the application of a club if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72,…

As added by P.L.52-1992, SEC.9. Amended by P.L.224-2005, SEC.13. Repealed by P.L.196-2015, SEC.13.

Sec. 20. (a) The commission may issue a three-way permit to a hotel situated outside the corporate limits of an incorporated city or town if the establishment meets the following requirements: (1) It shall be provided with special space and accommodations where, in consideration …

Sec. 21. (a) In order to be considered a "resort hotel" within the meaning of this title and to be eligible to receive an appropriate resort hotel permit under this title, an establishment shall meet the following requirements: (1) It shall be constantly patronized during a seaso…

[Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.285-2019, SEC.37.

Sec. 23. (a) As used in this section, "in-room vending unit" means a closed container that is: (1) located in a guest room of a hotel; and (2) used for the storage and dispensing of food or beverage (alcoholic or nonalcoholic). (b) The holder of a retailer's permit that is issued…

Sec. 24. (a) This section does not affect the requirements necessary to obtain a permit to sell alcoholic beverages on the premises of a licensed premises. (b) The commission may designate a licensed permit premises used exclusively for catered events as a catering hall. (c) Cate…

Sec. 24.4. (a) This section applies only to malls. (b) As used in this section, "mall" means a retail shopping center that has the following characteristics: (1) The center consists of an area that: (A) has been redeveloped or renovated in part with grants from the federal, state…

Sec. 25. (a) This section applies only to a city market. (b) As used in this section, "city market" means a marketplace where spaces are leased for a valuable consideration for the purpose of selling and displaying for sale to the general public items or products approved by the …

Sec. 26. (a) The commission may issue a one-way, two-way, or three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the owner of an indoor theater that: (1) is located in a city having a population of more than one hundred fifty thous…

Sec. 27. (a) This section applies to the premises of a restaurant. (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee…

Sec. 28. A retailer permittee may sell or dispense alcoholic beverages for on-premises consumption only in an outdoor beer garden that: (1) has a bar; (2) is accessible only through the permit premises; and (3) is a defined area that is enclosed by: (A) the outside walls of the p…