Indiana Code 7.1-3-1.5-5. Rules
(1) an application form;
(2) standards; and
(3) fees;
for certification under this chapter.
As added by P.L.161-2005, SEC.1. Amended by P.L.165-2006, SEC.11.
Indiana Code 7.1-3-1-5.5. Applications for permits; counties with consolidated city; notice; affidavit
(b) As used in this section, “contiguous property owner” refers to a property owner who has real property that is geographically adjacent to or in contact with any point on the border of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises.
Terms Used In Indiana Code 7.1-3-1-5.5
- Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Liabilities: The aggregate of all debts and other legal obligations of a particular person or legal entity.
- Property: includes personal and real property. See Indiana Code 1-1-4-5
- real property: include lands, tenements, and hereditaments. See Indiana Code 1-1-4-5
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
(1) a contiguous property owner; or
(2) a property owner who has real property that:
(A) is geographically adjacent to or in contact with any point on the border of the property of a contiguous property owner; and
(B) some portion of which is within five hundred (500) feet of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises.
(d) As used in this section, “principal owner” means any person or entity holding at least a fifteen percent (15%) interest in the business for which a permit is sought to sell alcoholic beverages.
(e) As used in this section, “property owner” means any person whose name and address appears in the county assessor’s real property tax assessment records as a person responsible for the payment of property taxes on a parcel of real property.
(f) Except as provided in section 28(d) of this chapter, subsection (g) applies to a location in the consolidated city only if:
(1) the application is for a liquor dealer’s permit for a location within the boundaries of the special fire service district, as determined in conformity with IC 7.1-3-22-8; or
(2) the local alcoholic beverage board requires the applicant to comply with subsection (g).
(g) In addition to the notice required by section 5 of this chapter, the applicant for a new permit, or a transfer of a permit to sell alcoholic beverages of any type or at any location must, at least fifteen (15) days before the date of the local alcoholic beverage board hearing, mail notice of the hearing at the applicant’s expense to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of the consolidated city.
(3) The following entities that have registered with the department of metropolitan development of the consolidated city:
(A) The principal, headmaster, or other primary administrator of each public, private, or parochial elementary or secondary school located less than one thousand (1,000) feet from the property line of the applicant’s property.
(B) Each church that is located less than one thousand (1,000) feet from the property line of the applicant’s property.
(C) Each neighborhood association that represents the area in which the applicant’s property is located.
(h) The notice that the applicant mails must provide the following information:
(1) The name and address of the applicant, or if the applicant is a corporation, a club, an association, or an organization, the name and address of the applicant’s president, secretary, and principal owners who will be responsible to the public for the sale of alcoholic beverages.
(2) A statement that the applicant has filed an application with the alcohol and tobacco commission for the sale of alcoholic beverages.
(3) The specific address where alcoholic beverages are asked to be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before the local alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against the application, the recipient of the notice may attend this public hearing.
(i) The applicant shall furnish evidence of the applicant’s compliance with this section by filing an affidavit with the local alcoholic beverage board at the public hearing on the application. The affidavit must list the names and addresses of the individuals or other entities to which notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), the applicant shall file with the local alcoholic beverage board at the public hearing the following information:
(1) Verification from a department of the consolidated city designated by ordinance that the applicant is in compliance with zoning requirements for the premises to be licensed.
(2) Verification from the department of state revenue that the applicant does not have any outstanding income tax, excise tax, or sales tax liabilities.
(3) Verification from the county treasurer that the applicant does not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder that received and held a permit before September 1, 1987.
(l) Notwithstanding subsection (f)(1), an applicant seeking a transfer of a permit from a permit holder to a new permit holder when the new permit holder does not intend to change the nature of the business operated under the permit may apply to the local board for a waiver of the notice requirement in subsection (g). The local board may consider any information the local board considers relevant in making a determination to approve or deny the waiver request. The local board must approve or deny a waiver request at the first regularly scheduled meeting that occurs at least fifteen (15) days after the local board receives the waiver request from the applicant.
As added by P.L.112-1987, SEC.2. Amended by P.L.52-1994, SEC.3; P.L.106-1995, SEC.4; P.L.70-1997, SEC.2; P.L.204-2001, SEC.23; P.L.10-2010, SEC.3.