Indiana Alcohol & Tobacco Commission v. Spirited Sales, LLCAnnotate this Case
The Supreme Court reversed the trial court’s order directing the Indiana Alcohol and Tobacco Commission to grant Spirited Sales, LLC’s (Spirited) application for a liquor wholesaler’s permit and reinstated the Commission’s order denying the permit. Spirited was a wholly owned by a parent company called E.F. Transit, Inc. (EFT), which transports beer, wine, and liquor throughout the state. The same shareholders that owned EFT also wholly owned Monarch Beverage Company, Inc, an Indiana company that held a beer and wine wholesaler’s permit. The Commission denied Spirited’s application on the grounds that EFT and Monarch operated as the same company. The trial court reversed, finding the Commission’s order to be arbitrary and capricious. The Supreme Court agreed with the Commission, holding that the Commission’s denial conformed with the clear and unambiguous language of Ind. Code 7.1-1-2-1 and that the Commission did not act arbitrarily or capriciously in denying Spirited’s request.