§ 7.1-3-18-9 — Employee's permit

(a) The commission may issue an employee's
permit to a person who desires to act as:
(1) a clerk in a package liquor store;
(2) an employee who serves wine at a farm winery;
(3) a bartender, waiter, waitress, or manager in a retail
establishment, excepting dining car and boat employees; or
(4) an employee of a dealer licensed under IC 7.1-3-5-3, IC 7.1-3-10-7, or IC 7.1-3-15-3 to deliver beer, liquor, or wine.
(b) A permit authorized by this section is conditioned upon the
compliance by the holder with reasonable rules relating to the permit
which the commission may prescribe from time to time.
(c) A permit issued under this section entitles its holder to work for
any lawful employer. However, a person may work without an
employee's permit for thirty (30) days from the date shown on a receipt
for a cashier's check or money order payable to the commission for that
person's employee's permit application.
(d) A person who, for a package liquor store or retail establishment,
is:
(1) the sole proprietor;
(2) a partner, a general partner, or a limited partner in a
partnership or limited partnership that owns the business
establishment;
(3) a member of a limited liability company that owns the
business establishment; or
(4) a stockholder in a corporation that owns the business
establishment;
is not required to obtain an employee's permit in order to perform any
of the acts listed in subsection (a).
(e) An applicant may declare on the application form that the
applicant will use the employee's permit only to perform volunteer
service that benefits a nonprofit organization. It is unlawful for an
applicant who makes a declaration under this subsection to use an
employee's permit for any purpose other than to perform volunteer
service that benefits a nonprofit organization.
(f) The commission may not issue an employee's permit to an
applicant while the applicant is serving a sentence for a conviction for
operating while intoxicated, including any term of probation or parole.
(g) The commission may not issue an employee's permit to an
applicant who has two (2) unrelated convictions for operating while
intoxicated if:
(1) the first conviction occurred less than ten (10) years before the
date of the applicant's application for the permit; and
(2) the applicant completed the sentence for the second
conviction, including any term of probation or parole, less than
two (2) years before the date of the applicant's application for the
permit.
(h) If an applicant for an employee's permit has at least three (3)
unrelated convictions for operating while intoxicated in the ten (10)
years immediately preceding the date of the applicant's application for
the permit, the commission may not grant the issuance of the permit.
If, in the ten (10) years immediately preceding the date of the
applicant's application the applicant has:
(1) one (1) conviction for operating while intoxicated, and the
applicant is not subject to subsection (f); or
(2) two (2) unrelated convictions for operating while intoxicated,
and the applicant is not subject to subsection (f) or (g);
the commission may grant or deny the issuance of a permit.
(i) Except as provided under section 9.5 of this chapter, the
commission shall revoke a permit issued to an employee under this
section if:
(1) the employee is convicted of a Class B misdemeanor for
violating IC 7.1-5-10-15(a); or
(2) the employee is convicted of operating while intoxicated after
the issuance of the permit.
The commission may revoke a permit issued to an employee under this
section for any violation of this title or the rules adopted by the
commission.
[Pre-1973 Recodification Citation: 7-2-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979,
P.L.83, SEC.4; P.L.77-1988, SEC.3; P.L.102-1989, SEC.2;
P.L.64-1990, SEC.2; P.L.51-1994, SEC.7; P.L.205-1999, SEC.15;
P.L.125-2000, SEC.1; P.L.204-2001, SEC.31; P.L.165-2006, SEC.26;
P.L.196-2015, SEC.10; P.L.220-2023, SEC.6; P.L.152-2025,
SEC.19.