Title 7.1, ALCOHOL AND TOBACCO

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…

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.279-2019, SEC.…

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…

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 and have the permittee's permit suspended, as determined by the commission; h…

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. 33. A person who receives a notice given pursuant to section 32 of this chapter shall have the right to a public hearing at the time and place fixed in the notice and the person shall be permitted to be heard and offer evidence. The evidence may be written, in the form of af…

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 or electronic communication. [Pre-1973 Re…

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…

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 order from the bureau (Ti…

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; the person who is the subject of th…

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 three (3) business 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.…

Sec. 7. (a) Except as provided in subsection (b) and section 7.5 of this chapter, 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 th…

Sec. 7.5. (a) The chairman of the commission may suspend an alcoholic beverage retail permit without advance notice or a hearing for a period of not longer than three (3) business days if all of the following apply: (1) The chairman has a reasonable belief that a felony has been …

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…

Sec. 1. General Rule. The holder of a permit of any type may not sell, assign or transfer that permit to another person except as expressly authorized by this title. The holder of a permit of any type may not transfer that permit from one (1) location to another unless authorized…

Sec. 10. Reissuance of Permits. A permit held by a deceased or bankrupt permittee may be reissued as other permits are authorized in this title to be reissued if the permit is not transferred by sale or otherwise with the consent of the chairman before its expiration. The reissua…

Sec. 11. The administrator or executor of the estate of a deceased permittee may surrender the permit to the commission and it shall be canceled. No part of the fee for the permit shall be refunded. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.…

Sec. 12. The provisions of this chapter relating to the sale or transfer of a permit belonging to a deceased permittee apply in the case of the appointment of a guardian for a mentally incompetent person. A permit belonging to a mentally incompetent person may be disposed of and …

Sec. 2. Ordinary Transfers Authorized. The transfer of a permit from one (1) holder to another holder, or from one (1) location to another location, may be made if the permit has at least three (3) months of unexpired term remaining. [Pre-1973 Recodification Citation: 7-1-1-8(1).…

Sec. 3. A transfer authorized by section 2 of this chapter is subject to the following restrictions: (1) It shall be made upon the terms and under the rules and regulations that the commission may prescribe. (2) The application for the transfer shall conform in respect to notice …

Sec. 3.5. (a) A person purchasing an existing permit from another permit holder must submit an executed purchase agreement to the commission as part of the applicant's request to transfer the ownership of the permit. The purchase agreement must include the following: (1) The agre…

Sec. 4. Posting of Bond. The chairman shall require bond to be furnished in the case of the sale, assignment, or transfer of a permit if bond is required to be furnished in the case of an original application for that particular type of permit. [Pre-1973 Recodification Citation: …

Sec. 5. Deceased Permittee. A duly appointed and qualified administrator or executor of the estate of a deceased permittee, may, with the approval of the court, continue the business conducted by the deceased permittee under the permit held by him if the administrator or executor…

Sec. 6. Qualifications of Successors. The administrator or executor, or agent, must have the same qualifications to hold the permit of the deceased permittee that this title otherwise requires of an applicant for that particular type of permit. That the administrator, executor, o…

Sec. 7. The surviving spouse or heir of a deceased permittee may be permitted to continue the business conducted by the deceased permittee, without probate proceedings, if both of the following occur: (1) The court having probate jurisdiction finds that the surviving spouse or he…