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. [Pre-1973 Recodification Citation: 7-2-1-14(b).] Formerly: Acts 1973, P.L.55, SEC.1.
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 […]
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, […]
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 […]
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 […]
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 […]
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. The notice shall […]
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 remonstrance bearing the signatures of at least fifty-one […]
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 […]
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), IC 7.1-3-20-16(l), or IC 7.1-3-20-16.8 if a municipal legislative body 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 […]
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 […]
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. [Pre-1973 Recodification Citation: 7-1-1-11.] Formerly: Acts 1973, […]
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 the county in which the premises, described in the application, are situated […]
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.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.12; P.L.94-2008, SEC.44; […]
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. [Pre-1973 Recodification Citation: […]
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 […]
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 Citation: 7-1-1-11.] Formerly: Acts 1973, P.L.55, SEC.1.
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 […]
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 […]
