Ind. Code ch. 7.1-3-23

in effect

Ind. Code § 7.1-3-23-1 No right to compel issuance

Sec. 1. No Right to Compel Issuance. An applicant for a permit of any type authorized by this title shall have no right to compel the issuance of a permit to him unless otherwise provided in this title. [Pre-1973 Recodification Citations: 7-1-1-13; 7-1-1-42(5).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-2 Fine, suspension, and revocation of alcohol permit or tobacco certificate

Sec. 2. (a) The commission may: (1) fine or suspend or revoke the permit or certificate of; or (2) fine and suspend or revoke the permit or certificate of; a permittee for the violation of a provision of this title or of a rule or regulation of the commission. The commission may fine a permittee for each day the violation continues if the violation is of a continuing nature. (b) The commission shall revoke the permit of a permittee for the violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence. [Pre-1973 Recodification Citations: 7-1-7-1; 7-1-7-4.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.62; P.L.3-2008, SEC.69; P.L.285-2019, SEC.45.

Ind. Code § 7.1-3-23-3 Maximum penalties

Sec. 3. The commission, pursuant to section 2 of this chapter, may impose upon a permittee the following civil penalties: (1) An amount of not more than four thousand dollars ($4,000) for each violation if the permittee is a brewer, an artisan distiller, or a distiller. (2) An amount of not more than two thousand dollars ($2,000) for each violation if the permittee is a wholesaler of any type. (3) An amount of not more than one thousand dollars ($1,000) for each violation if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2). [Pre-1973 Recodification Citation: 7-1-7-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.32-1988, SEC.3; P.L.109-2013, SEC.4.

Ind. Code § 7.1-3-23-4 Additional fine

Sec. 4. The commission, if a fine imposed pursuant to IC 7.1-3-23-2 is not paid according to the order of commission, may suspend or add to the period of suspension of a permit in the following increments: (1) A period of one (1) day for each one hundred dollars ($100) remaining unpaid if the permittee is a brewer, an artisan distiller, or a distiller. (2) A period of one (1) day for each fifty dollars ($50) remaining unpaid if the permittee is a wholesaler of any type. (3) A period of one (1) day for each twenty-five dollars ($25) remaining unpaid if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2). [Pre-1973 Recodification Citation: 7-1-7-3.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.109-2013, SEC.5.

Ind. Code § 7.1-3-23-5 Revocation of permits

Sec. 5. The commission shall revoke a permit of any type only on account of the violation of, or refusal to comply with, a provision of this title or of a rule or regulation of the commission, or on account of a violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence. [Pre-1973 Recodification Citation: 7-1-1-5(2).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.227-2007, SEC.63.

Ind. Code § 7.1-3-23-6 Revocation of permits; procedure

Sec. 6. Revocation of Permits: Procedure. The commission shall give at least three (3) business days notice to the holder of the permit proposed to be revoked. The notice shall inform the holder of the time and place of the hearing to be held in regard to the proposed revocation. Unless otherwise provided in this title, all further procedures with reference to the revocation of a permit shall be prescribed by rule and regulation of the commission. [Pre-1973 Recodification Citation: 7-1-1-5(2).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.152-2025, SEC.21; P.L.163-2025, SEC.42.

Ind. Code § 7.1-3-23-7 Suspension; general rule

Sec. 7. (a) Except as provided in subsection (b) and section 7.5 of this chapter, the commission, after notice and hearing, and for cause other than that expressly provided in this title, may suspend a permit to manufacture, transport or sell alcoholic beverages for not longer than thirty (30) days for the violation of a provision of this title, or for the failure or the refusal to comply with a rule or regulation of the commission. (b) This subsection applies to an individual charged with a Class B misdemeanor for violating IC 7.1-5-10-15(a). Upon receiving notice of charges filed under IC 7.1-5-10-15(a), the commission: (1) shall hold a hearing under section 6 of this chapter; and (2) may suspend the permit of the individual charged with the violation until disposition of the charges. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.125-2000, SEC.3; P.L.103-2026, SEC.2.

Ind. Code § 7.1-3-23-7.5 Suspension of alcoholic beverage retail permit; notice; hearing

Sec. 7.5. (a) The chairman of the commission may suspend an alcoholic beverage retail permit without advance notice or a hearing for a period of not longer than three (3) business days if all of the following apply: (1) The chairman has a reasonable belief that a felony has been committed on the licensed premises. (2) The permit holder failed to take reasonable action to prevent the occurrence of a crime. (3) Multiple crimes or violations have occurred on the licensed premises in the last twelve (12) months. (4) The continued operation of the licensed premises would pose a clear and immediate danger to the safety of the surrounding community or general public. (b) Upon the suspension of a permit under subsection (a), the commission shall: (1) give immediate notice to the permittee of: (A) a factual basis for the suspension; and (B) the time and place of a hearing on the suspension; and (2) hold the hearing not later than three (3) business days after the permit is suspended. (c) The commission is not required to consider or prove the factors in subsection (a) to declare a public nuisance under IC 7.1-2-6. As added by P.L.103-2026, SEC.3.

Ind. Code § 7.1-3-23-8 Procedure applicable

Sec. 8. A proceeding before the commission which could result in the revocation or suspension in excess of three (3) days of the permit of a permittee authorized to sell alcoholic beverages at retail shall be conducted in the manner prescribed in section 6 of this chapter. [Pre-1973 Recodification Citation: 7-2-3-1.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.100-1983, SEC.2; P.L.7-1987, SEC.8.

Ind. Code § 7.1-3-23-9 Judicial review

Sec. 9. Whenever the permit of a permittee authorized to sell alcoholic beverages at retail is revoked or suspended in excess of three (3) days by action of the commission, the aggrieved permittee may seek judicial review of the action by following IC 4-21.5-5, except that the action for judicial review shall be filed in the circuit or superior court having jurisdiction in the county in which the licensed premises are located. [Pre-1973 Recodification Citation: 7-2-3-2(a).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.100-1983, SEC.3; P.L.7-1987, SEC.9.

Ind. Code § 7.1-3-23-10 Repealed

[Pre-1973 Recodification Citation: 7-2-3-2(b).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.

Ind. Code § 7.1-3-23-11 Nonrenewal; judicial review available

Sec. 11. Whenever an application for the renewal of a permit to sell alcoholic beverages at retail, except a temporary beer or wine permit, is denied by the commission, the applicant may seek judicial review of that action by following IC 4-21.5-5, except that the action for judicial review shall be filed in the circuit or superior court having jurisdiction in the county in which the licensed premises are located. However, this section shall not apply to a denial of a transfer of a permit to either another holder or location, or both. [Pre-1973 Recodification Citation: 7-2-3-3.] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1973, P.L.59, SEC.6. As amended by P.L.7-1987, SEC.10.

Ind. Code § 7.1-3-23-12 Cessation of qualifications

Sec. 12. Cessation of Qualifications. The commission may revoke the permit of a permittee if he at any time ceases to possess any of the qualifications, including the alteration or cessation of the particular business or type of business then engaged in, which qualifies him to hold that permit, required for the issuance of that particular type of permit under this title. [Pre-1973 Recodification Citation: 7-1-1-8(5).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-13 Location of premises

Sec. 13. Location of Premises. The commission may void a permit issued upon an application not fully disclosing the true facts in respect to the location of the premises for which the permit applied for is to be applicable. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-14 Revocation for refusal to allow examination

Sec. 14. Revocation for Refusal to Allow Examination. The commission shall revoke the permit of a person, or refuse to issue a permit to a person, who refuses to permit the lawful examination of his books, papers, and records, or the investigation and examination of his premises by the commission. [Pre-1973 Recodification Citation: 7-1-1-41(e).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-15 Repealed

[Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.250-2003, SEC.18.

Ind. Code § 7.1-3-23-16 Revocation upon conviction

Sec. 16. The commission may revoke: (1) a wholesaler's, retailer's, or dealer's permit of any type; (2) the permit of a farm winery that sells and delivers under IC 7.1-3-12-5(a)(13); or (3) the permit of an artisan distillery that sells and delivers under IC 7.1-3-27-8(a)(11); after final judgment of conviction for an offense defined in this title. The commission may revoke the permit of a holder listed in subdivision (1) through (3) upon a second violation of a provision of this title whether a judgment of conviction ensues or not. [Pre-1973 Recodification Citation: 7-1-1-5(2).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.250-2003, SEC.12; P.L.194-2021, SEC.57; P.L.164-2025, SEC.12.

Ind. Code § 7.1-3-23-17 Revocation for possession of wagering stamps

Sec. 17. Revocation for Possession of Wagering Stamp. The commission shall revoke the permit of a retail permittee who purchases, holds, or has in his possession a wagering occupational tax stamp issued by the United States internal revenue authorities. [Pre-1973 Recodification Citation: 7-3-2-3.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-18 Repealed

[Pre-1973 Recodification Citation: 7-2-1-24.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.159-2014, SEC.3.

Ind. Code § 7.1-3-23-19 Revocation for allowing minor on premises

Sec. 19. The commission shall revoke the permit of a person who violates a provision of IC 7.1-5-7-14, and that person shall be ineligible to obtain another permit thereafter. [Pre-1973 Recodification Citation: 7-2-1-9(e).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.122.

Ind. Code § 7.1-3-23-20 Revocation for false information of interested parties

Sec. 20. The commission shall deny the application, or revoke the permit, of a person who: (1) includes on the list of interested parties required to be filed by IC 7.1-3-21-8, a: (A) fictitious name; or (B) a person disqualified under this title from having an interest in an alcoholic beverage permit; or (2) omits from the list the name of a person whose name should be on it. The commission shall take the same action if the applicant or permittee fails to keep the list current as required by that section. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.40.

Ind. Code § 7.1-3-23-20.5 Adult entertainment performers; retailer's permit holders

Sec. 20.5. (a) As used in this section, "adult entertainment" means adult oriented entertainment in which performers disrobe or perform in an unclothed state for entertainment. (b) This section applies to the holder of a retailer's permit that provides adult entertainment on the licensed premises. (c) The holder of a retailer's permit that provides adult entertainment on the licensed premises shall do the following: (1) Require a performer who provides adult entertainment on the licensed premises to provide proof of age by at least one (1) form of government issued identification, including a: (A) state issued driver's license; (B) state issued identification card; or (C) passport; showing the performer to be at least eighteen (18) years of age. (2) Require a performer who provides adult entertainment on the licensed premises to provide proof of legal residency in the United States by means of: (A) a birth certificate; (B) a Social Security card; (C) a passport; (D) valid documentary evidence of lawful status under IC 9-24-9-2.5; or (E) other valid documentary evidence issued by the United States demonstrating that the performer is entitled to reside in the United States. (3) Take a photograph of each adult entertainer who auditions to provide adult entertainment at the licensed premises at the time of the audition and retain the photograph for at least three (3) years after: (A) the date of the audition; or (B) the last day on which the performer provides adult entertainment at the licensed premises; whichever is later. A photograph taken under this subdivision may show only the adult entertainer's facial features. (4) Require all performers and other employees of the retail permit holder to sign a document approved by the commission to acknowledge their awareness of the problem of human trafficking. (5) Display human trafficking awareness posters in at least two (2) of the following locations on the licensed premises: (A) The office of the manager of the licensed premises. (B) The locker room used by performers or other employees. (C) The break room used by performers or other employees. Posters displayed under this subdivision must describe human trafficking, state indicators of human trafficking (such as restricted freedom of movement and signs of physical abuse), set forth hotline telephone numbers for law enforcement, and be approved by the commission. (6) Cooperate with any law enforcement investigation concerning allegations of a violation of this section. (d) The commission may revoke, suspend, or refuse to renew the permit issued for the licensed premises if the holder fails to comply with subsection (c). (e) In determining whether to revoke, suspend, or refuse to renew the permit issued for a licensed premises under subsection (d), the commission may consider: (1) the extent to which the permit holder has cooperated with any law enforcement investigation as required by subsection (c)(6); and (2) whether the permit holder has provided training to performers who provide adult entertainment at the permit holder's licensed premises and other employees of the licensed premises through a program that: (A) is designed to increase the awareness of human trafficking and assist victims of human trafficking; and (B) has been approved by: (i) a department of the United States government; or (ii) a nationwide association made up of operators who run adult entertainment establishments. As added by P.L.237-2015, SEC.2. Amended by P.L.13-2016, SEC.2; P.L.85-2017, SEC.36; P.L.211-2023, SEC.10.

Ind. Code § 7.1-3-23-21 Revocation upon petition

Sec. 21. Revocation upon Petition. The commission shall revoke the permit of a retail permittee upon the petition of sixty-six per cent (66%) of the registered voters of a township or precinct stating that the permittee within that township or precinct has been convicted, either before a court or the commission, of a violation of a provision of this title. However, this section shall not apply to the permit of a bona fide fraternal club. [Pre-1973 Recodification Citation: 7-2-1-9(i).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-22 Contents of petition

Sec. 22. The petition authorized by section 21 of this chapter shall be addressed to the commission and shall specify the name and business address of the permittee against whom the petition is directed. The petition shall bear on each page the name and address of the circulator of the petition, who shall be a registered voter in the particular township or precinct, together with the notarized attestation of the circulator that the signatures obtained on the petition were obtained only after a full and clear explanation of the purpose of the petition. The petition also shall bear the certification of the clerk of the circuit court of the county in which the township or precinct is located attesting that the signatures on the petition are those of duly registered voters of the particular township or precinct together with a statement by the clerk as to the total vote cast in that township or precinct for the office of secretary of state in the last preceding general election for that office. [Pre-1973 Recodification Citation: 7-2-1-9(i).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.123.

Ind. Code § 7.1-3-23-23 Revocation for prohibited interest; beer

Sec. 23. (a) This section applies to a brewer that manufactures, in aggregate, more than ninety thousand (90,000) barrels of beer in a calendar year for sale or distribution within Indiana. (b) The commission shall revoke the permit of a brewer or beer wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-3. [Pre-1973 Recodification Citation: 7-1-1-42(o).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.88-1993, SEC.4; P.L.186-2011, SEC.7; P.L.71-2012, SEC.5; P.L.79-2015, SEC.4.

Ind. Code § 7.1-3-23-24 Revocation of liquor wholesaler permit for having prohibited interest

Sec. 24. The commission shall revoke the permit of a liquor wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-6. [Pre-1973 Recodification Citation: 7-1-1-42(p).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.124; P.L.279-2019, SEC.7.

Ind. Code § 7.1-3-23-25 Revocation for violation of agreement

Sec. 25. The commission, after notice and hearing, may suspend for no more than thirty (30) days, or revoke, an agreement and bond filed pursuant to IC 7.1-3-2-4, and IC 7.1-3-2-5, if the principal violates the principal's agreement with the commission. The commission also may take action on the bond if it revokes the agreement. A principal whose agreement and bond is suspended or revoked by the commission may seek judicial review of that action as provided in this chapter. [Pre-1973 Recodification Citation: 7-2-2-5.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.125.

Ind. Code § 7.1-3-23-26 Repealed

[Pre-1973 Recodification Citation: 7-2-1-9(g).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.2; Acts 1979, P.L.83, SEC.7; Acts 1982, P.L.69, SEC.9. Repealed by P.L.100-1983, SEC.8.

Ind. Code § 7.1-3-23-26.1 Violations related to minors and alcohol server training; revocation or suspension of permit; fines; written findings and conclusions

Sec. 26.1. (a) A retailer permittee or dealer permittee who violates IC 7.1-3-1.5-13, IC 7.1-5-7-4, or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, or be fined and have the permittee's permit suspended, as determined by the commission; however, if the penalty imposed by the commission exceeds a fine and three (3) day suspension, the commission must issue written findings of fact and conclusions which show the necessity of the penalty. If the retailer or dealer permittee commits a subsequent violation of the provisions listed in this subsection within twelve (12) months of the first violation, the commission may fine the permittee, fine the permittee and suspend the permittee's permit, or revoke the permittee's permit; however, if the penalty exceeds a fine and suspension of more than fifteen (15) days, the commission must issue written findings of fact and conclusions which show the necessity of the penalty. (b) The holder of an employee permit who violates IC 7.1-5-7-4 or IC 7.1-5-7-8 through IC 7.1-5-7-13 may be fined, have the permittee's permit suspended, be both fined and have the permittee's permit suspended, or have the permittee's permit revoked, as determined by the commission. As added by P.L.100-1983, SEC.4. Amended by P.L.161-2005, SEC.2.

Ind. Code § 7.1-3-23-27 Revocation for violation of order

Sec. 27. The commission may revoke the permit of a permittee for the violation of an order entered by it pursuant to IC 7.1-2-7. A revocation under this section may be made after not less than ten (10) days notice to the permittee. The notice shall inform the permittee of the time and place of the hearing to be held in regard to the proposed revocation. The further procedure in regard to a revocation under this section shall be prescribed in the rules and regulations of the commission. [Pre-1973 Recodification Citation: 7-1-3-5.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.126.

Ind. Code § 7.1-3-23-28 Revocation for violation of injunction

Sec. 28. The commission may suspend or revoke the permit of a permittee if the court finds that the permittee has violated any of the provisions of an injunction issued by it under the provisions of IC 7.1-3-3-17. [Pre-1973 Recodification Citation: 7-2-1-23(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.127.

Ind. Code § 7.1-3-23-29 Revocation for taxes and bonds

Sec. 29. Revocation Re Taxes and Bonds. The commission may revoke the permit of a manufacturer or wholesaler of alcoholic beverages for the failure to pay the taxes when required to do so by this title, or for the failure to keep in force the bond required of the applicant for his particular permit. The action of the commission in these matters shall be final. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-30 Denial of wholesalers' permit

Sec. 30. Denial of Wholesalers' Permit. The commission shall not deny, fail to renew, or revoke a wholesaler's permit of any type on arbitrary, capricious, or political grounds. [Pre-1973 Recodification Citation: 7-2-1-16.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-31 Appeal by applicant for wholesalers' permit

Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler's permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior court of Marion County under the same conditions and in the same manner and mode of procedure as provided in this chapter for other appeals. The court shall, from the evidence presented, determine if the applicant has been denied a permit or renewal, or has had his permit revoked, on arbitrary, capricious, or political grounds and if the court determines that the permit or renewal was improperly denied or revoked, the court shall issue a writ of mandate ordering the commission to issue, renew, or reinstate the permit. However, either party shall have the right of appeal from the judgment of the superior court of Marion County as an appeal is taken in a civil action. [Pre-1973 Recodification Citation: 7-2-1-16.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.141-2007, SEC.1.

Ind. Code § 7.1-3-23-32 Notice to permittee in certain cases

Sec. 32. Notice to Permittee in Certain Cases. The commission shall give notice of its proposed action to the applicant or permittee if the commission determines not to issue or renew a manufacturer's or wholesaler's permit, or if the commission determines to take action to revoke or suspend a manufacturer's or wholesaler's permit after it has been issued. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-33 Right to a public hearing

Sec. 33. A person who receives a notice given pursuant to section 32 of this chapter shall have the right to a public hearing at the time and place fixed in the notice and the person shall be permitted to be heard and offer evidence. The evidence may be written, in the form of affidavits, or parol. Unless the commission provides a reporter to take and transcribe the parol evidence, the notice shall inform the person that no reporter will be provided but that the person has the right to have a reporter present at the person's own expense. The evidence, transcribed and verified by the reporter, or the written evidence offered and accepted by the commission, or both, shall be filed and become a part of the record of the proceedings. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.128.

Ind. Code § 7.1-3-23-34 Final action of commission

Sec. 34. Final Action of Commission. The commission shall take final action within ten (10) days after the hearing and enter an appropriate order in the matter and shall notify the applicant, or permittee, of its action by registered mail or electronic communication. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.145-2024, SEC.16.

Ind. Code § 7.1-3-23-35 Court review available

Sec. 35. Court Review Available. The applicant, or permittee, within ten (10) days of the receipt of the commission's notice of final action, may appeal to the circuit or superior court of Marion County, from the final order of the commission denying, suspending, or revoking his manufacturer's or wholesaler's permit of any type. However, an applicant for the original issue or renewal of a wholesaler's permit shall have the right to appeal to the superior court of Marion County but not to the circuit court of Marion County. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-36 Initiation of appeal

Sec. 36. Initiation of Appeal. The appeal shall be taken by the applicant, or permittee, by filing written notice of his intention to appeal from the final order of the commission to the appropriate court, and by filing a bond with the commission in the penal sum of one thousand dollars ($1,000), conditioned that he will prosecute his appeal to effect, and will pay the costs of the proceedings upon appeal, and that he will pay all necessary expenses incurred by the commission as a result of the appeal if the order of the commission is affirmed. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-37 Appeal bond

Sec. 37. Appeal Bond. The appeal bond filed with the commission by an applicant, or permittee, shall be a corporate bond secured by a surety company duly authorized to do business in Indiana, or by freehold sureties, shown by verification or otherwise, to be worth in unencumbered real estate located within the county of the applicant, or permittee, appealing, over and above all indebtedness, twice the amount of the bond. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-38 Transmission of record

Sec. 38. Transmission of Record. The commission, within ten (10) days after the filing of the notice of appeal and the appeal bond with the commission, shall transmit the papers, files, written evidence and the transcript of the hearing, to the clerk of the court to which the appeal is taken. The entire contents of the record transmitted by the commission shall be duly verified by certificate of the commission. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-39 Stay of suspension or revocation; general rule

Sec. 39. Stay of Suspension or Revocation: General Rule. The final order of revocation or suspension entered by the commission shall be stayed for ten (10) days from the date of the final order whenever a manufacturer's or wholesaler's permit of any type is revoked or suspended for more than fifteen (15) days by order of the commission. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-40 Stay pending appeal

Sec. 40. Stay Pending Appeal. The final order of suspension or revocation shall be stayed, when the proper procedures for taking an appeal have been complied with, until the appeal has been disposed of finally, or until the appeal has been dismissed for lack of prosecution. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-41 Trial

Sec. 41. Trial. The action shall be entered upon the civil docket of the court to which the appeal is taken naming the appellant applicant, or permittee, as plaintiff, and the commission as defendant. No formal pleadings shall be required and the case shall be set for hearing by the court, without a jury, as soon as possible. The cause may be determined upon hearing upon the evidence offered before the commission and as certified by the commission, or additional evidence may be offered by either party. The court shall enter an order, after the hearing, sustaining or setting aside the final order of the commission. If the court sets aside an order of the commission denying a permit, the court, in its order, shall direct the issuance of the permit. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-23-42 Continued operations during stay

Sec. 42. A permittee during the period that the order of suspension or revocation is stayed under section 39 or 40 of this chapter shall be fully authorized and entitled to continue to do business under the permittee's permit as though the permittee's permit had not been suspended or revoked and without being liable in any manner, criminally or civilly, on the ground of operating the permittee's business without a proper permit. [Pre-1973 Recodification Citation: 7-1-1-43.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.129.

Ind. Code § 7.1-3-23-43 Suspension of permit for failure to pay seller of permit

Sec. 43. (a) The commission may suspend the permit of a permit holder if: (1) the permit holder has not paid the person who sold the permit to the permit holder in accordance with the terms of the sale; (2) the seller of the permit receives a judgment against the permit holder in an action to obtain payment for the permit in accordance with the terms of the sale; and (3) the seller of the permit sends a certified copy of the judgment to the commission. (b) Before suspending a certificate under this section, the commission shall provide written notice to the permit holder and conduct a hearing. The commission shall provide written notice of the suspension to the permit holder. (c) If a person who sells a permit: (1) sends a judgment to the commission under subsection (a); and (2) subsequently receives full payment of the judgment; the seller shall notify the commission in a manner prescribed by the commission that the seller has received full payment of the judgment not later than ten (10) days after receiving the payment. As added by P.L.224-2005, SEC.18.

Ind. Code § 7.1-3-23-44 Notice of probationary status for failure to pay child support; suspension; reinstatement

Sec. 44. (a) As used in this section, "bureau" refers to the child support bureau of the department of child services established by IC 31-25-3-1. (b) As used in this section, "delinquent" has the meaning set forth in IC 4-35-2-3.5. (c) Upon receiving an order from the bureau (Title IV-D agency) under IC 31-25-4-32(k) or IC 31-25-4-34(f), the commission shall place on probationary status any permit issued under IC 7.1-3-18-9(a)(3) and held by the person who is the subject of the order. The commission shall send the person a notice that does the following: (1) States that the person's permit has been placed on probationary status. (2) States that the person's permit will be suspended if the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice. (3) Describes the amount of child support that the person is in arrears. (4) Explains the procedures to: (A) pay the person's child support arrearage in full; and (B) establish a payment plan with the bureau to pay the arrearage, which must include an income withholding order under IC 31-16-15-2 or IC 31-16-15-2.5. (d) If the commission has not received notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) within twenty (20) days after the date of the notice in subsection (c), the commission shall suspend the permit issued to the person under IC 7.1-3-18-9(a)(3). (e) The commission may not reinstate a permit placed on probationary status or suspended under this section until the commission receives a notice from the bureau under IC 31-25-4-32(m) or IC 31-25-4-34(g) that the person has addressed the delinquency. As added by P.L.80-2010, SEC.10. Amended by P.L.150-2018, SEC.5.

Ind. Code § 7.1-3-23-45 Employee's permit; duties of commission upon receipt of support order; notice; reinstatement

Sec. 45. (a) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall: (1) suspend the employee's permit of; or (2) deny an employee's permit or the renewal of an employee's permit to; the person who is the subject of the order. (b) Upon receiving a court order issued under IC 31-16-12-13 (or IC 31-14-12-10 before its repeal), the commission shall promptly mail or send electronic notice to the last known mailing or electronic mailing address of the person who is the subject of the order that states the following: (1) That the: (A) person's employee's permit has been suspended, beginning five (5) business days after the date the notice is sent; and (B) suspension will end ten (10) business days after the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit. (2) That the person has the right to petition for reinstatement of the employee's permit to the court that ordered the suspension. (c) The commission may not reinstate an employee's permit suspended under this section until the commission receives an order from the court that ordered the suspension authorizing reinstatement of the person's employee's permit. As added by P.L.80-2010, SEC.11. Amended by P.L.207-2013, SEC.6; P.L.145-2024, SEC.17.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026