§ 7.1-2-6-1 — Public nuisance; places

Indiana § 7.1-2-6-1

• Jurisdiction: Indiana
• Art. 2: ALCOHOL AND TOBACCO COMMISSION AND
• Ch. 6: Remedies: Public Nuisances

Text

(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.
[Pre-1973 Recodification Citation: 7-1-1-37.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.52-1994, SEC.1.