2015 Indiana Code TITLE 7.1. ALCOHOL AND TOBACCO ARTICLE 3. PERMITS CHAPTER 19. PROCEDURES FOR ISSUANCE AND RENEWAL OF RETAILERS' AND DEALERS' PERMITS
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IC 7.1-3-19
Chapter 19. Procedures for Issuance and Renewal of Retailers'
and Dealers' Permits
IC 7.1-3-19-1
Permits issued in discretion of commission
Sec. 1. Permits Issued in Discretion of Commission. The
commission in its absolute discretion shall issue, suspend, or revoke,
except as otherwise provided in this title, a retailer's or dealer's permit
of any type.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-2
Jurisdiction restricted
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
commission suspending or revoking one (1) of these permits, and the
consent of the State of Indiana is hereby expressly withdrawn and
denied in such an action.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-3
Prerequisites
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 this chapter have been completed.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-4
Time and place for investigation
Sec. 4. Time and Place for Investigation. 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 the county in which the
premises, described in the application, are situated and it shall be
open to the public. The commission also shall notify the clerk of the
circuit court of the appropriate county, from whom the applicant, and
all others who inquire, shall be entitled to ascertain the time and place
of the investigation before the local board. The clerk of the circuit
court shall provide immediately to the county treasurer a copy of the
time and place of investigations before the local board.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.106-1995,
SEC.13.
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IC 7.1-3-19-5
Publication of notice and investigation
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.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.224-2005,
SEC.12; P.L.94-2008, SEC.44; P.L.196-2015, SEC.12.
IC 7.1-3-19-6
Combined publication of notices
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 the publication complies with all other
requirements of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-7
Contents of notice
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
the local board. The notice also shall advise that the local board will,
at the time and place designated, investigate the application and
receive information concerning the fitness of the applicant, and the
propriety of issuing the permit applied for, at the named premises, to
the applicant.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-8
Testimony
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.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-9
Questionnaires
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 questionnaire in duplicate. Both copies of the questionnaire
shall be given to the designated member who shall deliver them to the
commission for its use in acting upon the application. The
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commission also may order that further investigations on an
application be made before the local board.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-9.5
Renewals
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 unless notified by the
commission or the local board. However, a local board may not take
any action to deny the renewal of a retailer's or dealer's permit unless
the applicant has been notified and given an opportunity to be present
at an investigation before the local board.
(c) For the purpose of implementing this section, the
commissioner may prorate permits of persons holding more than one
(1) retailer's or dealer's permit so that those permits terminate at one
(1) time and the renewed permits of that person shall have the same
termination date.
(d) In a county containing a consolidated city, the renewal of a
retailer's or dealer's permit is subject to this section and
IC 7.1-3-1-5.6.
As added by Acts 1977, P.L.94, SEC.1. Amended by P.L.16-1983,
SEC.4; P.L.52-1994, SEC.5.
IC 7.1-3-19-10
Commission's action
Sec. 10. Commission's Action. The commission may investigate
in any manner it deems best to enable it to act upon the application
in a particular case. The commission may grant or refuse the
application accordingly as it deems the public interest will be served
best. The action of the commission on the application for a retailer's
or dealer's permit of any type shall be final.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-11
Review of recommendations; findings of fact
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 to follow the recommendation would be:
(1) arbitrary, capricious, an abuse of discretion, or otherwise not
in accordance with the law;
(2) contrary to a constitutional right, power, privilege, or
immunity;
(3) in excess of, or contrary to, statutory jurisdiction, authority,
limitations or rights;
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(4) without observance of procedure required by law; or
(5) unsupported by substantial evidence.
Such review shall be de novo.
(b) If the commission determines not to follow the
recommendation of a local board, after the commission's review of
that recommendation according to the standards set forth in
subsection (a), the commission shall make written findings of fact on
each material issue on which the commission's determination is
based.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.64-1990,
SEC.3.
IC 7.1-3-19-11.5
Appeal hearing; notice to local board; publication of notice
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 hearing against the approval of the
application files with the commission:
(1) an objection to the commission's action on the application;
and
(2) a request for an appeal hearing before the commission.
(c) The commission shall do the following:
(1) Provide notice to the local board, by first class mail, of the
date of an appeal hearing set by the commission. Notice under
this subdivision must be provided not later than ten (10) days
before the date of the hearing.
(2) Publish notice in the city, town, or county where the
proposed permit premises is located of the date of an appeal
hearing set by the commission. Notice under this subdivision
must be published not later than ten (10) days before the date of
the hearing.
As added by P.L.94-2008, SEC.45.
IC 7.1-3-19-12
Return of fee
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 ($35) from the license fee, and return the balance
of the fee to the applicant if the commission refuses to grant the
application. The amount deducted from the fee shall be the property
of the state and shall be disposed of as provided in article 4 of this
title.
(Formerly: Acts 1973, P.L.55, SEC.1.)
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IC 7.1-3-19-13
New permits in residential districts; duty of commission
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 pursuant to the proposed permit will be located within
a residential district, and if so, whether the conduct of the business
pursuant to the proposed permit will unreasonably impair and
interfere with the peace, comfort, or enjoyment of life and property
of the occupants of the residential district, or any of them. The
commission shall deny the application if it finds in the affirmative on
both questions.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-14
New permits in residential districts; notice
Sec. 14. New Permits in Residential Districts: Notice. The
commission shall have the duty in making the determinations
provided in IC 1971, 7.1-3-19-13, 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.
The notice shall state that at the hearing, residents of the residential
district may appear and be heard in favor of, or in opposition to, the
granting of the permit and may, if they desire to, present a verified
written remonstrance against the granting of the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-15
New permits in residential districts; hearing
Sec. 15. New Permits in Residential Districts: Hearing. 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 IC 1971, 7.1-3-19-13. Further, if at the
hearing, there is presented to the commission a verified written
remonstrance bearing the signatures of at least fifty-one percent
(51%) of the registered voters of the residential district, the
commission shall be bound to find in the affirmative and to deny the
application.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-19-16
New permits in residential districts; exceptions
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 organization which has occupied the same premises for ten
(10) years prior to making application for a club permit.
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(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1979,
P.L.83, SEC.5.
IC 7.1-3-19-17
Formal written commitments with municipal legislative body;
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), or
IC 7.1-3-20-16(l) if a local unit has adopted an ordinance requiring
a formal written commitment as a condition of eligibility for a permit,
as described in subsection (b).
(b) As a condition of eligibility for a permit, the applicant must
enter into a formal written commitment with the municipal legislative
body regarding the character or type of business that will be
conducted on the permit premises. The municipal legislative body
must adopt an ordinance approving the formal written commitment.
A formal written commitment is binding on the permit holder and on
any lessee or proprietor of the permit premises. When an application
for renewal of a permit is filed, the applicant shall forward a copy of
the application to the municipal legislative body. The municipal
legislative body shall receive notice of any filings, hearings, or other
proceedings on the application for renewal from the applicant.
(c) A formal written commitment may be modified by the
municipal legislative body with the agreement of the permit holder.
(d) Except as provided in subsection (f), the amount of time that
a formal written commitment is valid may not be limited or restricted.
(e) A formal written commitment is terminated at the time a permit
is lost, revoked, or not renewed.
(f) If the character or type of business violates the formal written
commitments, the municipality may adopt a recommendation to the
local board and the commission to:
(1) deny the permit holder's application to renew the permit; or
(2) revoke the permit holder's permit.
(g) The commission shall consider evidence at the hearing on the
issue of whether the business violated the formal written
commitments. If the commission determines there is sufficient
evidence that the commitments have been violated by the permittee,
the commission may:
(1) deny the application to renew the permit; or
(2) revoke the permit;
as applicable.
As added by P.L.121-2015, SEC.1.
Indiana Code 2015
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