Ind. Code ch. 7.1-3-21

Ind. Code ch. 7.1-3-21
in effect

Ind. Code § 7.1-3-21-1 Premises outside corporate limits

Sec. 1. Premises Outside Corporate Limits. The commission shall not issue a permit in respect to premises situated outside the corporate limits of an incorporated city or town except as otherwise specifically provided in this article. [Pre-1973 Recodification Citation: 7-1-1-8(4).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-21-2 Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.100-1983, SEC.8.

Ind. Code § 7.1-3-21-3 Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1982, P.L.69, SEC.8; P.L.72-2004, SEC.12; P.L.165-2006, SEC.28; P.L.107-2015, SEC.1. Repealed by P.L.194-2021, SEC.49.

Ind. Code § 7.1-3-21-4 Partnership; qualifications of members

Sec. 4. The commission shall not issue an alcoholic beverage retailer's or dealer's permit of any type to a partnership unless each member of the partnership possesses the same qualifications as those required of an individual applicant for that particular type of permit. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.51-1994, SEC.10; P.L.105-1995, SEC.5; P.L.165-2006, SEC.29; P.L.107-2015, SEC.2.

Ind. Code § 7.1-3-21-5 Corporations; officer and stockholder qualifications

Sec. 5. Each officer and stockholder of a corporation shall possess all other qualifications required of an individual applicant for that particular type of permit. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.72-1996, SEC.12; P.L.72-2004, SEC.13; P.L.165-2006, SEC.30; P.L.107-2015, SEC.3; P.L.133-2016, SEC.5; P.L.214-2016, SEC.24; P.L.194-2021, SEC.50.

Ind. Code § 7.1-3-21-5.2 Limited partnerships; qualifications of persons having partnership interest

Sec. 5.2. Each general partner and limited partner of a limited partnership must possess all other qualifications required of an individual applicant for that particular type of permit. As added by P.L.51-1994, SEC.11. Amended by P.L.72-1996, SEC.13; P.L.72-2004, SEC.14; P.L.165-2006, SEC.31; P.L.107-2015, SEC.4; P.L.133-2016, SEC.6; P.L.214-2016, SEC.25; P.L.194-2021, SEC.51.

Ind. Code § 7.1-3-21-5.4 Limited liability companies; manager and member qualifications

Sec. 5.4. Each manager and member of a limited liability company must possess all other qualifications required of an individual applicant for that particular type of permit. As added by P.L.51-1994, SEC.12. Amended by P.L.72-1996, SEC.14; P.L.72-2004, SEC.15; P.L.165-2006, SEC.32; P.L.107-2015, SEC.5; P.L.133-2016, SEC.7; P.L.214-2016, SEC.26; P.L.44-2017, SEC.2; P.L.194-2021, SEC.52.

Ind. Code § 7.1-3-21-6 Exceptions for retail and dealer partnerships, corporations, limited partnerships, and limited liability companies

Sec. 6. (a) The provisions of sections 4, 5, 5.2, and 5.4 of this chapter concerning retail and dealer partnerships, corporations, limited partnerships, and limited liability companies shall not apply to the issuance of: (1) a dining car permit; (2) a boat permit; (3) a drug store permit; (4) a grocery store permit; (5) a hotel permit; (6) an airplane permit; (7) a gaming site permit; (8) a horse track permit; (9) a satellite facility permit; or (10) a retail permit to an establishment: (A) that is sufficiently served by adequate law enforcement at its permit location; and (B) whose annual gross food sales at the permit location: (i) exceed one hundred thousand dollars ($100,000); or (ii) in the case of a new application and as proved by the applicant to the local board and the commission, will exceed two hundred thousand dollars ($200,000) by the end of the two (2) year period from the date of the issuance of the permit. (b) The commission shall not issue a permit listed in subsection (a) to a foreign: (1) corporation; (2) limited partnership; or (3) limited liability company; that is not duly qualified to do business in Indiana. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1979, P.L.83, SEC.6; P.L.15-1994, SEC.9; P.L.2-1995, SEC.39; P.L.71-1996, SEC.4; P.L.233-2007, SEC.31.

Ind. Code § 7.1-3-21-7 Repealed

[Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.119. Repealed by P.L.194-2021, SEC.54.

Ind. Code § 7.1-3-21-8 Disclosure of interested parties

Sec. 8. (a) The commission shall not issue an alcoholic beverage permit of any type to a person unless that person has on file with the commission a verified list containing the name and address of each person or entity: (1) with actual authority to direct or control the operation of the permit; and (2) holding at least a five percent (5%) interest in the permit and the business conducted, or to be conducted, under it. (b) If a publicly traded corporation has an interest, the list required under subsection (a) shall provide the name and address of only the: (1) chief executive officer; (2) chief financial officer; (3) chief operating officer; and (4) members of the board of directors; of the corporation. (c) At all times, a change in the list required under subsection (a) shall be filed by the applicant or permittee with the commission within ten (10) days of the date when the change became effective. The lists, together with any changes, shall be: (1) kept on file in the office of the commission; and (2) open to public inspection. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.38; P.L.194-2021, SEC.55; P.L.163-2025, SEC.41.

Ind. Code § 7.1-3-21-9 Public officers

Sec. 9. The commission shall not issue an alcoholic beverage wholesaler's permit of any type to a person who holds an elective or appointive public office which has the responsibility of enforcing the state laws regulating the sale of alcoholic beverage. The commission may issue an alcoholic beverage wholesaler's permit of any type to a person who holds any other appointive or elective public office. [Pre-1973 Recodification Citation: 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.104-1989, SEC.1.

Ind. Code § 7.1-3-21-10 Location of premises; disclosure

Sec. 10. (a) An application for: (1) a permit for premises; or (2) approval of a designated refreshment area under IC 7.1-3-31; that is situated within a distance of two hundred (200) feet from an elementary or secondary school or church must disclose this fact. (b) The local board shall state, if required by the commission, in the questionnaire its opinion as to the propriety of granting the particular application. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.52-1994, SEC.6; P.L.167-2023, SEC.2.

Ind. Code § 7.1-3-21-11 Premises near wall of school or church

Sec. 11. (a) As used in this section, "craft manufacturer" means: (1) a small brewery under IC 7.1-3-2-7(5); (2) a farm winery under IC 7.1-3-12, including any additional locations of the farm winery operated under IC 7.1-3-12-5(b); or (3) an artisan distillery under IC 7.1-3-27. (b) As used in this section, "designated refreshment area" means a refreshment area designated under IC 7.1-3-31. (c) As used in this section, "wall" means a wall of a building. The term does not include a boundary wall. (d) Except as provided in subsections (e), (i), and (j), the commission may not issue a permit for a premises or approve a designated refreshment area if both of the following apply: (1) A wall of a school or church is situated within two hundred (200) feet of: (A) a wall of the premises; or (B) a boundary of the designated refreshment area. (2) A permit has not been issued for the premises under the provisions of Acts 1933, Chapter 80. (e) This section does not apply to the premises of a: (1) grocery store, drug store, restaurant, hotel, catering hall, designated refreshment area, craft manufacturer, or location for which the use of a supplemental catering permit has been approved if: (A) a wall of a church or school is situated within two hundred (200) feet of: (i) a wall of the premises; or (ii) a boundary of the designated refreshment area; (B) the commission receives a written statement from the authorized representative of the church or school stating expressly that the church or school does not object to the issuance of the permit for the premises or approval of the designated refreshment area; and (C) the commission determines that the church or school does not object to the issuance of the permit for the premises or approval of the designated refreshment area; or (2) church or school that applies for a temporary beer or wine permit. (f) The commission shall base its determination under subsection (e)(1)(C) solely on the written statement of the authorized representative of the church or school. (g) If the commission does not receive the written statement of the authorized representative of the church or school, the premises of the grocery store, drug store, restaurant, hotel, catering hall, designated refreshment area, craft manufacturer, or location for which the use of a supplemental catering permit has been approved may not obtain the waiver allowed under this section. (h) If the commission determines that the church or school does not object, this section and section 10 of this chapter do not apply to the permit premises of the grocery store, drug store, restaurant, hotel, craft manufacturer, catering hall, or designated refreshment area on a subsequent renewal or transfer of ownership. (i) If the commission: (1) receives a written statement from the authorized representative of a church or school as described in subsection (e)(1)(B); and (2) determines the church or school does not object as described in subsection (e)(1)(C); the commission may not consider subsequent objections from the church or school to the issuance of the same permit type at the same premises location. (j) The commission may issue a permit for a premises or approve a designated refreshment area if the wall of the premises or the boundary of the designated refreshment area and the wall of a church are separated by at least eighty-five (85) feet, including a two (2) lane road of at least thirty (30) feet in width. [Pre-1973 Recodification Citation: 7-1-1-5(19).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.77-1997, SEC.1; P.L.204-2001, SEC.39; P.L.196-2015, SEC.15; P.L.285-2019, SEC.42; P.L.194-2021, SEC.56; P.L.167-2023, SEC.3.

Ind. Code § 7.1-3-21-12 Wagering occupational tax stamp

Sec. 12. Wagering Occupational Tax Stamp. The commission shall not issue a permit to sell alcoholic beverages at retail to a person who holds, owns, or possesses a wagering occupational tax stamp issued by the United States internal revenue authorities. [Pre-1973 Recodification Citation: 7-3-2-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-21-13 4-H club exhibits

Sec. 13. 4-H Club Exhibits. The commission shall not issue a temporary beer permit to a person for the express purpose of selling beer at a place where an organized 4-H club association has an exhibit. [Pre-1973 Recodification Citation: 7-3-5-1.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-21-14 Indiana state fair commission permit to sell alcoholic beverages on state fair grounds; permitted activities; requirements

Sec. 14. (a) The commission shall issue a permit for the sale of alcoholic beverages on the Indiana state fair grounds to the Indiana state fair commission. (b) The following applies under this section: (1) A permit holder is entitled to sell alcoholic beverages on the state fair grounds to consumers by the glass. (2) The state fair commission is entitled to allow a brewery under IC 7.1-3-2-7(5), a farm winery under IC 7.1-3-12, or an artisan distillery under IC 7.1-3-27, to sell alcoholic beverages to consumers for consumption off the state fair grounds: (A) at a trade show or an exposition at which products of a permittee participant are displayed, promoted, and sold; (B) at a time other than during the state fair; and (C) including at a location on the property of the state fair grounds for which a supplemental caterer's permit has been approved. (3) A permit holder is entitled to permit multiple vendors of the state fair commission with separate permits at different locations on the state fair grounds to sell alcoholic beverages by the glass under the permit. (4) A permit holder is entitled to receive the permit directly from the commission without local board approval. (5) A permit holder is not subject to quota restrictions under IC 7.1-3-22-3. (6) A permit holder is entitled to allow a minor to be present in the places where alcoholic beverages are sold. (c) The holder of a permit under this section must comply with the following requirements: (1) File a floor plan of the premises where alcoholic beverages will be served and consumed. (2) Provide that service of alcoholic beverages may be performed only by servers certified under IC 7.1-3-1.5. (3) Allow sales during the times prescribed under IC 7.1-3-1-14. (4) Prohibit sales prohibited under IC 7.1-5-10-1. (5) Operate under rules adopted by the commission to protect the public interest under IC 7.1-1-1. [Pre-1973 Recodification Citation: 7-3-6-1.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.165-2006, SEC.33; P.L.28-2014, SEC.1; P.L.285-2019, SEC.43.

Ind. Code § 7.1-3-21-14.5 Alcoholic beverage permits for county fairs

Sec. 14.5. (a) As used in this section, "local board" means the board of directors of an agricultural fair society, association, or corporation that is organized under IC 15-14-5. (b) The commission may issue a permit for the sale of alcoholic beverages on the grounds of a county fair conducted by a local board to the local board, if one (1) of the following applies: (1) If the grounds of the county fair are owned by a local board, upon the request of the local board. (2) If the grounds of the county fair are owned by a unit (as defined in IC 36-1-2-23), upon the approval of the legislative body (as defined in IC 36-1-2-9) of the unit and upon the request of the local board. (c) A permit issued under subsection (b) is subject to the following: (1) The permit is valid for one (1) year from the date of issuance. A local board may apply for a new permit each year. (2) The local board is entitled to sell alcoholic beverages on the county fair grounds to consumers by the glass. (3) The local board is entitled to designate vendors that possess a valid retail or craft manufacturing permit issued by the commission to sell alcoholic beverages to consumers by the glass on the county fairgrounds. (4) The permit is not subject to the quota restrictions under IC 7.1-3-22-3. (5) The local board is entitled to allow a minor to be present in the locations on the county fair grounds where alcoholic beverages are sold. (6) There is no fee for a permit issued to a local board under this section. (d) A local board issued a permit under subsection (b) must comply with the following requirements: (1) File an application with the commission, including the names and permit numbers of all designated vendors, the dates of the local board sponsored event at which alcoholic beverages will be served, and a floor plan of the premises where alcoholic beverages will be served and consumed. A local board must supplement the application on file with the commission if additional vendors are designated to participate in the sponsored event during the term of the permit. (2) Provide that alcoholic beverage service may be performed only by servers certified under IC 7.1-3-1.5. (3) Allow sales during the times prescribed under IC 7.1-3-1-14. (4) Prohibit sales prohibited under IC 7.1-5-10-1. (5) Operate under the rules adopted by the commission to protect the public interest under IC 7.1-1-1. (6) Ensure alcohol service is performed only by designated vendors at events sponsored by the local board. As added by P.L.6-2026, SEC.6.

Ind. Code § 7.1-3-21-15 Delinquency in payment of taxes

Sec. 15. (a) This section does not apply to an employee's permit under IC 7.1-3-18-9. (b) The commission shall not renew or transfer a wholesaler, retailer, dealer, or other permit of any type if the applicant: (1) is seeking a renewal and the applicant has not paid all the property taxes under IC 6-1.1 and the innkeeper's tax under IC 6-9 that are due currently; (2) is seeking a transfer and the applicant has not paid all the property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 for the assessment periods during which the transferor held the permit; (3) is seeking a renewal or transfer and is at least thirty (30) days delinquent in remitting state gross retail taxes under IC 6-2.5 or withholding taxes required to be remitted under IC 6-3-4; (4) is on the most recent tax warrant list supplied to the commission by the department of state revenue; or (5) does not provide the commission with property tax clearance Form 1. (c) The commission shall renew or transfer a permit that the commission denied under subsection (b) when the appropriate one (1) of the following occurs: (1) The person, if seeking a renewal, provides to the commission a statement from the county treasurer of the county in which the property of the applicant was assessed indicating that all the property taxes under IC 6-1.1 and, in a county where the county treasurer collects the innkeeper's tax, the innkeeper's tax under IC 6-9 that were delinquent have been paid. (2) The person, if seeking a transfer of ownership, provides to the commission a statement from the county treasurer of the county in which the property of the transferor was assessed indicating that all the property taxes under IC 6-1.1 and, in a county where the county treasurer collects the innkeeper's tax, the innkeeper's tax under IC 6-9 have been paid for the assessment periods during which the transferor held the permit. (3) The person provides to the commission a statement from the commissioner of the department of state revenue indicating that the person's tax warrant has been satisfied, including any delinquency in innkeeper's tax if the state collects the innkeeper's tax for the county in which the person seeks the permit. (4) The commission receives a notice from the commissioner of the department of state revenue under IC 6-8.1-8-2(k). (5) The commission receives a notice from the commissioner of the department of state revenue stating that the state gross retail and withholding taxes described in subsection (b)(3) have been remitted to the department. (d) The commission shall not issue a new wholesaler, retailer, dealer, or other permit of any type if the applicant: (1) has not paid all the applicant's property taxes under IC 6-1.1 and innkeeper's tax under IC 6-9 that are due; (2) is at least thirty (30) days delinquent in remitting state gross retail taxes under IC 6-2.5 or withholding taxes required to be remitted under IC 6-3-4; (3) is on the most recent tax warrant list supplied to the commission by the department of state revenue; or (4) does not provide the commission with property tax clearance Form 1. (e) The commission shall issue a new permit that the commission denied under subsection (d) when one (1) of the following occurs: (1) The applicant provides to the commission a statement from the commissioner of the department of state revenue indicating that the applicant's tax warrant has been satisfied, including any delinquency in innkeeper's tax if the state collects the innkeeper's tax for the county in which the applicant seeks the permit. (2) The commission receives a notice of release from the commissioner of the department of state revenue under IC 6-8.1-8-2(k). (3) The commission receives a notice from the commissioner of the department of state revenue stating that the state gross retail and withholding taxes described in subsection (d)(2) have been remitted to the department. (f) An applicant for issuance of a new permit, renewal, or transfer may not be considered delinquent in the payment of a listed tax (as defined by IC 6-8.1-1-1) if the applicant has filed a proper protest under IC 6-8.1-5-1 contesting the remittance of those taxes. The applicant shall be considered delinquent in the payment of those taxes if the applicant does not remit the taxes owed to the state department of revenue after the later of the following: (1) The expiration of the period in which the applicant may appeal the listed tax to the tax court, in the case of an applicant who does not file a timely appeal of the listed tax. (2) When a decision of the tax court concerning the applicant's appeal of the listed tax becomes final, in the case of an applicant who files a timely appeal of the listed tax. (g) The commission may require that an applicant for the issuance of a new permit, renewal, or transfer of a wholesaler's, retailer's, or dealer's, or other permit of any type furnish proof of the payment of a listed tax (as defined by IC 6-8.1-1-1), tax warrant, or taxes imposed by IC 6-1.1 or receipt of property tax clearance Form 1. (h) The commission may issue to any applicant for renewal of a permit that is delinquent in the payment of a listed tax (as defined in IC 6-8.1-1-1) not more than one (1) ninety (90) day extension of the term of the permit. As added by P.L.57-1984, SEC.11. Amended by P.L.23-1986, SEC.15; P.L.6-1987, SEC.15; P.L.332-1989(ss), SEC.40; P.L.64-1990, SEC.5; P.L.106-1995, SEC.15; P.L.224-2005, SEC.17; P.L.172-2011, SEC.112; P.L.293-2013(ts), SEC.37; P.L.196-2015, SEC.16; P.L.270-2017, SEC.14; P.L.86-2018, SEC.120; P.L.79-2022, SEC.2; P.L.145-2024, SEC.15.
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

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