§ 7.1-5-6-3 — Acting without permit; defenses

(a) It is unlawful for a person to act as a clerk
in a package liquor store, or as a bartender, waiter, waitress, or
manager for a retailer permittee unless that person has applied for and
been issued the appropriate permit. This section does not apply to
dining car or boat employees, to a person described in IC 7.1-3-1.7, or
to a person described in IC 7.1-3-18-9(d). A person who knowingly or
intentionally violates this subsection commits a Class C infraction.
However, the violation is a Class B misdemeanor if the person has a
prior unrelated adjudication or conviction for a violation of this section
within the previous five (5) years.
(b) It is a defense to a charge under this section if, not later than
thirty (30) days after being cited by the commission, the person who
was cited produces evidence that the appropriate permit was issued by
the commission on the date of the citation.
(c) It is a defense to a charge under this section for a new applicant
for a permit if, not later than thirty (30) days after being cited by the
commission, the new applicant who was cited produces a receipt for a
cashier's check or money order showing that an application for the
appropriate permit was applied for on the date of the citation.
[Pre-1973 Recodification Citation: 7-2-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978,
P.L.51, SEC.5; P.L.77-1988, SEC.5; P.L.102-1989, SEC.7;
P.L.159-2014, SEC.44; P.L.191-2018, SEC.3; P.L.32-2019,
SEC.14.