§ 7.1-3-22-3 — Retailers' permits limited

(a) The commission may grant only one (1)
three-way permit, one (1) two-way permit, and one (1) one-way permit
in an incorporated city or town or in an unincorporated town for each
one thousand five hundred (1,500) persons, or fraction thereof, residing
within the incorporated city or town or the unincorporated town. The
commission shall include liquor retailer permits issued to clubs, but not
those issued to fraternal clubs, in its quota computation when it is
considering an application for a new liquor retailer's permit.
(b) This subsection applies when a city or town annexes into the city
or town unincorporated territory where a retailer's permit has been
granted before the annexation. The commission may only reclassify a
retailer's permit for a premises in the former unincorporated territory
as a permit for a premises in an incorporated city or town if the
permittee has actually conducted a business of selling alcoholic
beverages to customers for consumption on the licensed premises for
two (2) consecutive years. The period of two (2) consecutive years may
begin to run either before or after the annexation occurs. However, the
following apply when a person applies for a retailer's permit after
notice of an annexation hearing is made under IC 36-4-3-2.1 and before
the annexation occurs:
(1) The commission may grant the permit.
(2) The commission may not reclassify the permit as a permit for
a premises in an incorporated city or town.
(3) The permit may be transferred to another person.
(4) The permit may not be transferred to another location.
[Pre-1973 Recodification Citations: 7-3-4-3;
7-2-1-21.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.245-2001, SEC.1.