§ 7.1-3-1-5.5 — Applications for permits; counties with consolidated city; notice; affidavit

Indiana § 7.1-3-1-5.5

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

Text

5. (a) This section applies only in a county
having a consolidated city.
(b) As used in this section, "contiguous property owner" refers to a
property owner who has real property that is geographically adjacent
to or in contact with any point on the border of the property of a person
who seeks a permit to sell alcoholic beverages for consumption on the
licensed premises.
(c) As used in this section, "neighboring property owner" means:
(1) a contiguous property owner; or
(2) a property owner who has real property that:
(A) is geographically adjacent to or in contact with any point on
the border of the property of a contiguous property owner; and
(B) some portion of which is within five hundred (500) feet of
the property of a person who seeks a permit to sell alcoholic
beverages for consumption on the licensed premises.
(d) As used in this section, "principal owner" means any person or
entity holding at least a fifteen percent (15%) interest in the business
for which a permit is sought to sell alcoholic beverages.
(e) As used in this section, "property owner" means any person
whose name and address appears in the county assessor's real property
tax assessment records as a person responsible for the payment of
property taxes on a parcel of real property.
(f) Except as provided in section 28(d) of this chapter, subsection
(g) applies to a location in the consolidated city only if:
(1) the application is for a liquor dealer's permit for a location
within the boundaries of the special fire service district, as
determined in conformity with IC 7.1-3-22-8; or
(2) the local alcoholic beverage board requires the applicant to
comply with subsection (g).
(g) In addition to the notice required by section 5 of this chapter, the
applicant for a new permit, or a transfer of a permit to sell alcoholic
beverages of any type or at any location must, at least fifteen (15) days
before the date of the local alcoholic beverage board hearing, mail
notice of the hearing at the applicant's expense to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of the
consolidated city.
(3) The following entities that have registered with the
department of metropolitan development of the consolidated city:
(A) The principal, headmaster, or other primary administrator
of each public, private, or parochial elementary or secondary
school located less than one thousand (1,000) feet from the
property line of the applicant's property.
(B) Each church that is located less than one thousand (1,000)
feet from the property line of the applicant's property.
(C) Each neighborhood association that represents the area in
which the applicant's property is located.
(h) The notice that the applicant mails must provide the following
information:
(1) The name and address of the applicant, or if the applicant is
a corporation, a club, an association, or an organization, the name
and address of the applicant's president, secretary, and principal
owners who will be responsible to the public for the sale of
alcoholic beverages.
(2) A statement that the applicant has filed an application with the
alcohol and tobacco commission for the sale of alcoholic
beverages.
(3) The specific address where alcoholic beverages are asked to
be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before the
local alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against the application,
the recipient of the notice may attend this public hearing.
(i) The applicant shall furnish evidence of the applicant's
compliance with this section by filing an affidavit with the local
alcoholic beverage board at the public hearing on the application. The
affidavit must list the names and addresses of the individuals or other
entities to which notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), the
applicant shall file with the local alcoholic beverage board at the public
hearing the following information:
(1) Verification from a department of the consolidated city
designated by ordinance that the applicant is in compliance with
zoning requirements for the premises to be licensed.
(2) Verification from the department of state revenue that the
applicant does not have any outstanding income tax, excise tax,
or sales tax liabilities.
(3) Verification from the county treasurer that the applicant does
not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder that received
and held a permit before September 1, 1987.
(l) Notwithstanding subsection (f)(1), an applicant seeking a transfer
of a permit from a permit holder to a new permit holder when the new
permit holder does not intend to change the nature of the business
operated under the permit may apply to the local board for a waiver of
the notice requirement in subsection (g). The local board may consider
any information the local board considers relevant in making a
determination to approve or deny the waiver request. The local board
must approve or deny a waiver request at the first regularly scheduled
meeting that occurs at least fifteen (15) days after the local board
receives the waiver request from the applicant.

Legislative History

As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3; P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23; P.L.10-2010, SEC.3.