§ 7.1-3-4-2 — Special disqualifications

Indiana § 7.1-3-4-2

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 4: Beer Retailers' Permits

Text

(a) The commission shall not issue a beer
retailer's permit, except as otherwise authorized in this title and subject
to the other restrictions contained in this title, to the following persons:
(1) A person who does not have lawful status (as defined in IC 9-13-2-92.3).
(2) A person who is not of good repute in the community in which
the person resides.
(3) A person who has been convicted within ten (10) years before
the date of application of:
(A) a federal crime having a sentence of at least one (1) year;
(B) an Indiana Class A, Class B, or Class C felony (for a crime
committed before July 1, 2014) or a Level 1, Level 2, Level 3,
Level 4, or Level 5 felony (for a crime committed after June 30,
2014); or
(C) a crime in a state other than Indiana having a penalty equal
to the penalty for an Indiana Class A, Class B, or Class C felony
(for a crime committed before July 1, 2014) or a Level 1, Level
2, Level 3, Level 4, or Level 5 felony (for a crime committed
after June 30, 2014).
However, this subdivision does not apply to a conviction that has
been expunged under IC 35-38-9.
(4) A person who does not own the premises to which the permit
will be applicable, or who does not have a bona fide lease on the
premises for the full period for which the permit is to be issued.
(5) A law enforcement officer or an officer who is not an elected
officer of a municipal corporation, or governmental subdivision,
or of Indiana, charged with any duty or function in the
enforcement of this title.
(6) An officer or employee of a person engaged in the alcoholic
beverage traffic, which person is a nonresident of Indiana, or is
engaged in carrying on any phase of the manufacture of, traffic in,
or transportation of alcoholic beverages without a permit under
this title when a permit is required by this title.
(7) If the permit applicant does not hold a brewer's permit, a
person who leases from a person, or an officer or agent of that
person, who holds a brewer's permit or a beer wholesaler's permit.
(8) If the permit applicant does not hold a brewer's permit, a
person who is indebted to a person who holds a brewer's permit
or a beer wholesaler's permit, or an officer or agent of that person,
for a debt secured by a lien, mortgage, or otherwise, upon the
premises for which the beer retailer's permit is to be applicable,
or upon any of the property or fixtures on the premises, or used,
or to be used in connection with the premises.
(9) A person whose place of business is conducted by a manager
or agent, unless the manager or agent possesses the same
qualifications required for the issuance of a beer retailer's permit
to the person.
(10) A minor.
(11) A person non compos mentis.
(12) A person who has held a permit under this title and who has
had that permit revoked within one (1) year prior to the date of
application for a beer retailer's permit.
(13) A person who has made an application for a permit of any
type which has been denied less than one (1) year prior to the
person's application for a beer retailer's permit unless the first
application was denied by reason of a procedural or technical
defect.
(14) A person who is not the proprietor of a restaurant located and
being operated on the premises described in the application for
the beer retailer's permit, or of a hotel, or of a club, owning, or
leasing the premises as a part of it. The disqualification contained
in this subdivision shall not apply to the qualifications for or
affect the privileges to be accorded under a beer dealer's permit
or a dining car beer permit.
(b) Subsection (a)(10) does not prevent a minor from being a
stockholder in a corporation.
[Pre-1973 Recodification Citation: 7-1-1-11.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.85-1985, SEC.5; P.L.88-1993, SEC.2; P.L.73-1997, SEC.1;
P.L.205-1999, SEC.14; P.L.158-2013, SEC.123; P.L.285-2019,
SEC.19; P.L.163-2025, SEC.14.