8.
(a)A permit that is authorized by this
section may be issued without regard to the quota provisions of IC 7.1-3-22.
(b)Except as provided in section 16.3 of this chapter, the
commission may issue not more than four (4) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants
in each of the following municipalities:
(c)The following apply to permits issued under subsection (b):
(1)An applicant for a permit under subsection (b) must be a
proprietor, as owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A
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8. (a) A permit that is authorized by this
section may be issued without regard to the quota provisions of IC 7.1-3-22.
(b) Except as provided in section 16.3 of this chapter, the
commission may issue not more than four (4) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants
in each of the following municipalities:
(1) Whitestown.
(2) Lebanon.
(3) Zionsville.
(4) Westfield.
(5) Carmel.
(6) Fishers.
(7) Noblesville.
(c) The following apply to permits issued under subsection (b):
(1) An applicant for a permit under subsection (b) must be a
proprietor, as owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (b)
may not exceed twenty-four (24) permits at any time. If any of the
permits issued under subsection (b) are revoked or not renewed,
the commission may issue only enough new permits to bring the
total number of permits to twenty-four (24) active permits, with
not more than four (4) in each municipality listed in subsection
(b)(1) through (b)(6).
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6)
months, the permit shall revert to the commission and the permit
holder is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit premises is located is no longer
designated an economic development area, an area needing
redevelopment, or a redevelopment district, a permit issued under
this section may be renewed, and the ownership of the permit may
be transferred, but the permit may not be transferred from the
permit premises.
(d) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the town of Whitestown under subsection (c), the
commission may issue to the town of Whitestown not more than:
(1) three (3) new three-way permits; and
(2) three (3) new two-way permits;
under this subsection.
(e) The following apply to permits issued under subsection (d):
(1) An applicant for a permit under subsection (d)(1) or (d)(2)
must be a proprietor, an owner or lessee, or both, of a restaurant
located within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (d)
may not exceed the six (6) permits allocated by permit type, as set
forth in that subsection.
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (d)(1) or (d)(2) is located is no longer designated an
economic development area, an area needing redevelopment, or
a redevelopment district, a permit issued under this section may
be renewed, and the ownership of the permit may be transferred,
but the permit may not be transferred from the permit premises.
(f) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the city of Noblesville under subsection (c), the
commission may issue to the city of Noblesville not more than ten (10)
new three-way permits under this subsection. The new three-way
permits may be issued as follows:
(1) Three (3) new three-way permits in 2024.
(2) Three (3) new three-way permits in 2025.
(3) Four (4) new three-way permits in 2026.
If the commission does not issue the amount of three-way permits
allowed in subdivisions (1) through (3) in that year, any unissued
permits will roll over and may be issued in a subsequent year.
(g) The following apply to permits issued under subsection (f):
(1) An applicant for a permit under subsection (f) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (f)
may not exceed the ten (10) new three-way permits, as set forth
in that subsection.
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (f) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(h) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Delphi not more than two (2) new
three-way permits under this subsection.
(i) The following apply to permits issued under subsection (h):
(1) An applicant for a permit under subsection (h) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (h)
may not exceed the two (2) new three-way permits, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (h) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(j) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Warsaw not more than three (3)
new three-way permits under this subsection.
(k) The following apply to permits issued under subsection (j):
(1) An applicant for a permit under subsection (j) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (j)
may not exceed the three (3) new three-way permits, as set forth
in that subsection.
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (j) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(l) Except as provided in section 16.3 of this chapter, the
commission may issue to the town of Syracuse not more than one (1)
new three-way permit under this subsection.
(m) The following apply to a permit issued under subsection (l):
(1) An applicant for a permit under subsection (l) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (l)
may not exceed the one (1) new three-way permit, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (l) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.