§ 7.1-3-1-3 — Term of permits; renewal; effective upon final approval; letter of authority to operate

Indiana § 7.1-3-1-3

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 1: General Provisions

Text

(a) A permit of any type issued by the
commission, except as provided in subsections (b) and (f) or unless
otherwise provided in this title, shall be in force for one (1) calendar
year only, including the day upon which it is granted. At the end of the
one (1) year period the permit shall be fully expired and null and void.
(b) Notwithstanding subsection (a), a permit that is subject to
section 5.5 or 5.6 of this chapter is effective for two (2) calendar years,
including the day upon which the permit is granted. However, a local
board may recommend to the commission that the permit be issued or
renewed for only a one (1) year period. The commission may issue or
renew a permit for the period recommended by the local board.
(c) A permittee who is granted a two (2) year permit under
subsection (b) or subsection (f) is liable for any annual fees assessed by
the commission. The annual fee is due on the annual anniversary date
upon which the permit was granted.
(d) If the commission grants a two (2) year permit, the commission
may ask a local board to hold a hearing to reconsider the duration of a
permittee's permit. A hearing held under this subsection is subject to
section 5.5 or 5.6 of this chapter. A local board shall hold the hearing
requested by the commission within thirty (30) days before the
permittee's next annual anniversary date and forward a
recommendation to the commission following the hearing.
(e) If a permittee is granted a permit for more than one (1) year, the
commission shall require the permittee to file annually with the
commission the information required for an annual permit renewal.
(f) Notwithstanding subsection (a), the following are effective for
two (2) calendar years, including the day upon which the permit is
granted:
(1) A beer wholesaler's permit issued under IC 7.1-3-3-1.
(2) A wine wholesaler's permit issued under IC 7.1-3-13-1.
(3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.
(g) Except as provided in subsection (h), the commission shall
timely process a permittee's application for renewal of a permit unless
the permittee receives a notice of a violation from the office of the
prosecutor created under IC 7.1-2-2-1.
(h) The commission may timely process an application for renewal
of a permit filed by a permittee that receives notice of a violation as
described in subsection (g) if the chairman or the chairman's designee
authorizes the application for renewal of the permit to be timely
processed.
(i) Except as provided in subsection (k), a permittee may file an
application for renewal of a permit not later than:
(1) one (1) year after the date the permit expires (in the case of a
permit that expires before July 1, 2019); or
(2) six (6) months after the date the permit expires (in the case of
a permit that expires after June 30, 2019).
(j) Except as provided in subsection (k), if a permittee does not file
an application for renewal of a permit within the time provided in
subsection (i), the permit reverts to the commission. At least thirty (30)
days before the date that a permit reverts to the commission, the
commission shall provide written notice to the permittee informing the
permittee of the date that the permittee's permit will revert to the
commission.
(k) Subject to subsection (l), a permittee:
(1) under subsection (i)(1) may file an application for renewal of
a permit more than one (1) year after the date the permit expires
if, not later than one (1) year after the date the permit expires, the
permittee obtains approval from the chairman or the chairman's
designee for an extension to file the application for renewal; or
(2) under subsection (i)(2) may file an application for renewal of
a permit more than six (6) months after the date the permit expires
if, not later than six (6) months after the date the permit expires,
the permittee obtains approval from the chairman or the
chairman's designee for an extension to file the application for
renewal.
(l) The chairman may allow the permittee to renew the permit:
(1) more than one (1) year, in the case of a permittee under
subsection (k)(1); or
(2) more than six (6) months in the case of a permittee under
subsection (k)(2);
after the date the permit expires only if the permittee provides evidence
that the permittee is engaged in an administrative or court proceeding
that prevents the permittee from renewing the permit.
(m) A permit is effective upon the final approval of the commission.
Upon final approval of a permit, and upon the request of the permittee,
the commission shall provide the permittee with a letter of authority to
operate. The letter of authority to operate constitutes authorization for
the permittee to perform the actions allowed under the permit until the
date the permittee receives the permit issued by the commission.
[Pre-1973 Recodification Citation: 7-2-1-14(c).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.52-1994, SEC.2; P.L.205-1999, SEC.8; P.L.250-2003, SEC.7;
P.L.224-2005, SEC.2; P.L.196-2015, SEC.3; P.L.285-2019,
SEC.10.