2015 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 2. ALCOHOL AND TOBACCO COMMISSION AND ADMINISTRATION CHAPTER 6. REMEDIES: PUBLIC NUISANCES
Download as PDF
IC 7.1-2-6
Chapter 6. Remedies: Public Nuisances
IC 7.1-2-6-1
Public nuisance; places
Sec. 1. (a) The following are declared to be a public nuisance:
(1) A room, a house, a building, a boat, a structure, an
automobile, other vehicle, or place of any kind where at least
one (1) of the following occurs:
(A) An alcoholic beverage of any type is sold, possessed,
manufactured, bartered, or given away in violation of law or
a rule of the commission.
(B) A person is permitted to resort for the purpose of
drinking an alcoholic beverage of any type in violation of
law.
(2) A place where alcoholic beverages are kept for sale, barter,
or gift in violation of law or in violation of a rule of the
commission, and all alcoholic beverages and all other property
kept in and used in maintaining a place.
(3) The business property of a person who knowingly or
intentionally sells, possesses, manufactures, barters, or gives
away alcoholic beverages in violation of law or a rule of the
commission.
(b) The plaintiff in an action to abate a public nuisance under
subsection (a)(3) must prove that the owner of the business had actual
knowledge of the actions alleged to constitute a nuisance.
(c) In determining whether the owner of a business should be held
liable for failing to abate a public nuisance under subsection (a)(3),
the court shall consider the efforts the owner of the business took to
abate the public nuisance, including whether the police department
that serves the business owner's property had been notified by the
business owner or the owner's employee of the actions alleged to
constitute the public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.52-1994,
SEC.1.
IC 7.1-2-6-2
Public nuisance; acts
Sec. 2. Public Nuisance: Acts. An act or practice, or manner of
conducting a business by a permittee contrary to a provision of this
title or to a rule or regulation of the commission, or by a person not
a permittee contrary to a provision of this title, shall also constitute
a public nuisance if done, carried on, or permitted to take place in a
building or upon a premises in or on which an alcoholic beverage is
possessed, kept, stored, or consumed, or upon a vehicle, or
conveyance in or on which an alcoholic beverage is being kept,
stored, consumed, conveyed, transported, or imported into this state
contrary to this title, or contary to a rule or regulation of the
Indiana Code 2015
commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-3
Public nuisance; untaxed liquor
Sec. 3. Public Nuisance: Untaxed Liquor. A malt article, liquid,
alcoholic beverage, or container of a substance or beverage in respect
to which an excise tax or license fee is imposed under this title and
upon which the tax or fee has not been paid, the receptacle in which
it is contained and the premises where it is kept or hidden shall
constitute a public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.56, SEC.5.)
IC 7.1-2-6-4
Abatement of public nuisance
Sec. 4. Abatement of Public Nuisance. The commission, the
chairman, the attorney general, a prosecuting attorney, a permittee
authorized to sell alcoholic beverages within the county in which a
common nuisance exists, kept, or maintained, or a number of
permittees authorized to sell alcoholic beverages within the county or
elsewhere within the state, or a taxpayer of the county, may maintain
an action in the name of the state to abate and perpetually enjoin a
public nuisance, or to abate, or enjoin, or both, a practice, or conduct
of a person, whether a permittee or not, in violation of this title or a
rule or regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-5
Available remedies
Sec. 5. Available Remedies. The plaintiff in an action to abate a
public nuisance shall not be required to give bond in the action. A
temporary restraining order, a preliminary injunction, a permanent
injunction, and other appropriate relief may be granted in this action
as is allowed by the Indiana Rules of Civil Procedure.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-6
Evidence of federal tax payment
Sec. 6. Evidence of Federal Tax Payment. The payment of a
federal government special tax by a person, or the possession by him
of a stamp or receipt issued to him by the federal government, either
as a retail dealer, or as a wholesale dealer in alcoholic beverages, or
the possession by him, or the posting by him upon the premises of a
stamp, certificate, permit or license issued under the authority of the
United States authorizing him to deal in alcoholic beverages shall be
prima facie evidence that the named person is engaged in possessing,
selling, transporting, giving away or furnishing alcoholic beverages
on the covered premises. This section shall apply in a criminal
prosecution under this title or in an action to abate or enjoin a public
Indiana Code 2015
nuisance or unlawful practice or a practice prohibited by a rule or
regulation of the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-7
Order of court
Sec. 7. Order of Court. The court shall order upon final judgment
against the defendant that the room, house, building, structure, boat
or place of any kind shall be closed for a period of one (1) year.
However, the court may order in the alternative that the premises be
closed for only a part of the one (1) year period or until the owner,
lessee, tenant, or occupant of the premises gives bond with sufficient
surety to be approved by the court making the order, in a penal sum
of not less than one thousand dollars ($1,000), payable to the State of
Indiana.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-8
Conditions of bond
Sec. 8. Conditions of Bond. The bond required by IC 1971,
7.1-2-6-7, shall be conditioned that an alcoholic beverage will not
thereafter be manufactured, possessed, sold, bartered, given away,
furnished, or otherwise disposed of in or on the public nuisance, or
kept in or on it with the intent to sell, barter, give away, or otherwise
dispose of it contrary to law or to a rule or regulation of the
commission. The bond shall be conditioned also that the unlawful
conduct or practice, or conduct of another person, whether a
permittee or not, the violation of this title or of a rule or regulation of
the commission, will not be permitted on or in the premises. The
bond shall be conditioned further that the defendant will pay all fines,
costs, and damages against him for the violation of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-9
Recovery on bond
Sec. 9. Recovery on Bond. The whole amount of the bond filed
under this chapter may be recovered as a penalty if a condition of the
bond is violated. The penalty recovered shall be for the use of the city
or town, or if outside the limits of a city or town, then to the county,
in which the premises are situated.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-10
Abatement upon conviction
Sec. 10. Abatement Upon Conviction. A person may file a
complaint with the circuit or criminal court of the county in which the
offense was committed in a case in which a person has been
convicted of a violation of this title, to abate as a public nuisance the
real estate or other property involved in the commission of the
Indiana Code 2015
offense or to enjoin the unlawful conduct or practice on or in the
premises. In an abatement action under this section, a certified copy
of the record of conviction shall be admissible in evidence and prima
facie evidence that the room, house, building, boat, structure,
automobile, or other vehicle, or place of any kind set forth and
described in the complaint is a public nuisance.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-11
Injunction pending trial
Sec. 11. Injunction Pending Trial. An action seeking relief through
an injunction or abatement may be begun, carried on and concluded
prior to or during the pending of the criminal prosecution of a
defendant arising from or in connection with, or on, or at the room,
house, building, boat, structure, automobile, or other vehicle, or place
of any kind set out and described in the complaint for the action
seeking relief through an injunction or abatement.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-12
Action by commission
Sec. 12. Action by Commission. The commission may enforce a
provision of this title or a rule or regulation of the commission
against a permittee either by way of seeking a writ of mandate
mandating the defendant to comply with a rule or regulation of the
commission or by an action for an injunction enjoining a permittee
from violating a rule or regulation of the commission whether the
conduct of the defendant does or does not constitute a public
nuisance within the meaning of this title. A temporary restraining
order, preliminary injunction, and a permanent injunction may be
granted in such an action without a bond being filed by the plaintiff.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-13
Action by commission; representation
Sec. 13. Action by Commission: Representation. An action
authorized by IC 1971, 7.1-2-6-12, shall be brought in the name of
the State of Indiana on the relation of the commission. The
commission may be represented by an attorney selected by it, or by
the attorney general, or by a deputy or assistant attorney general
assigned by the attorney general for the purpose of instituting or
conducting the action, or by both.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-2-6-14
Remedies cumulative
Sec. 14. Remedies Cumulative. The remedies authorized by
IC 1971, 7.1-2-5, and by this chapter are cumulative and in no sense
shall one (1) of the remedies exclude another. The remedies provided
Indiana Code 2015
in this article shall not limit or remove the power of the commission
to revoke a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
Indiana Code 2015
Disclaimer: These codes may not be the most recent version. Indiana may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
