§ 7.1-3-1-5.6 — Permit renewal requirements

Indiana § 7.1-3-1-5.6

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

Text

6. (a) This section applies only in a county
having a consolidated city.
(b) This section applies only to an application for the renewal of a
permit to sell alcoholic beverages.
(c) The definitions set forth in section 5.5 of this chapter apply to
this section.
(d) The renewal of a permit is subject to IC 7.1-3-19-9.5.
(e) Except as provided in section 28(d) of this chapter, subsections
(f) and (g) apply to a location in the consolidated city only if the
application is for a liquor dealer's permit.
(f) Notwithstanding subsection (d), if:
(1) an applicant has been cited for a violation of law or a rule of
the commission; or
(2) the local alcoholic beverage board has received at least five
(5) written complaints against the applicant alleging a violation
of law or a rule of the commission;
then upon direction of the local board, the applicant shall, 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 as
provided in subsection (g).
(g) The applicant shall mail the notice required under subsection (f)
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 persons to whom
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 the department of metropolitan development
of the consolidated city 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.

Legislative History

As added by P.L.52-1994, SEC.4. Amended by P.L.2-1995, SEC.38; P.L.106-1995, SEC.5; P.L.204-2001, SEC.24.