Ind. Code ch. 7.1-3-24

in effect

Ind. Code § 7.1-3-24-1 General rule

Sec. 1. General Rule. The holder of a permit of any type may not sell, assign or transfer that permit to another person except as expressly authorized by this title. The holder of a permit of any type may not transfer that permit from one (1) location to another unless authorized in special instances to be fixed by rule or regulation of the commission. [Pre-1973 Recodification Citations: 7-1-1-8(1); 7-1-1-42(n).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-2 Ordinary transfers authorized

Sec. 2. Ordinary Transfers Authorized. The transfer of a permit from one (1) holder to another holder, or from one (1) location to another location, may be made if the permit has at least three (3) months of unexpired term remaining. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-3 Ordinary transfers; restrictions

Sec. 3. A transfer authorized by section 2 of this chapter is subject to the following restrictions: (1) It shall be made upon the terms and under the rules and regulations that the commission may prescribe. (2) The application for the transfer shall conform in respect to notice and publication and investigation before the local board as in the case of an original application for a permit. (3) It shall be subject to the advance payment of the advance cost fee under IC 7.1-4-4.1-6. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.41.

Ind. Code § 7.1-3-24-3.5 Purchase of permit from permit holder; procedure

Sec. 3.5. (a) A person purchasing an existing permit from another permit holder must submit an executed purchase agreement to the commission as part of the applicant's request to transfer the ownership of the permit. The purchase agreement must include the following: (1) The agreement must be signed by the applicant and the current permit holder. (2) The agreement must provide detailed information regarding the purchase price and sale terms of the permit and other business assets, including the following: (A) An itemization of all personal and real property being sold, detailing the sale terms and price for each item. (B) If the personal property and real property are being purchased by different persons, the purchase agreement must identify the persons purchasing each item of personal property and real property. (C) Any other information required by the commission. (b) A purchase agreement provided to the commission is confidential under IC 5-14-3 and may not be disclosed to the public except for the following information: (1) The type of permit sold. (2) The permit sale price. (3) The jurisdiction (city, town, or county) in which the permit is located. (c) The commission shall maintain a publicly accessible data base of the information listed in subsection (b). (d) The commission shall review and consider an application for transfer of the permit and a purchase agreement before approving or denying the transfer application. As added by P.L.285-2019, SEC.46.

Ind. Code § 7.1-3-24-4 Posting of bond

Sec. 4. Posting of Bond. The chairman shall require bond to be furnished in the case of the sale, assignment, or transfer of a permit if bond is required to be furnished in the case of an original application for that particular type of permit. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-5 Deceased permittee

Sec. 5. Deceased Permittee. A duly appointed and qualified administrator or executor of the estate of a deceased permittee, may, with the approval of the court, continue the business conducted by the deceased permittee under the permit held by him if the administrator or executor, either himself or by an agent, also to be approved by the court, applies for and obtains the written consent of the chairman. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-6 Qualifications of successors

Sec. 6. Qualifications of Successors. The administrator or executor, or agent, must have the same qualifications to hold the permit of the deceased permittee that this title otherwise requires of an applicant for that particular type of permit. That the administrator, executor, or agent has these qualifications shall be established by a finding of the court having jurisdiction and a copy of these findings shall accompany the application for the written consent of the chairman. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-7 Surviving spouse or heir

Sec. 7. The surviving spouse or heir of a deceased permittee may be permitted to continue the business conducted by the deceased permittee, without probate proceedings, if both of the following occur: (1) The court having probate jurisdiction finds that the surviving spouse or heir of the deceased permittee possesses the qualifications required of an applicant for that particular type of permit. (2) The surviving spouse or heir who desires to carry on the business of the deceased permittee applies for and receives the written consent of the chairman. A copy of the court's findings on the qualifications of the applicant must accompany the application for written consent. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.90-2002, SEC.308; P.L.194-2021, SEC.58.

Ind. Code § 7.1-3-24-8 Bankrupt permittee

Sec. 8. Bankrupt Permittee. A receiver or trustee in bankruptcy of the business or property of a permittee, acting under the jurisdiction of a court of record of this state, or a United States court, may continue the business conducted by the permittee, with the approval of the court having jurisdiction, by applying for and receiving the written consent of the chairman and if he is otherwise duly qualified to hold the permit as if he were himself applying for it. The qualifications of the applicant may be established by a finding of the court having jurisdiction. A copy of the court's findings on the qualifications shall accompany the application for written consent. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-9 No local board proceedings in certain cases

Sec. 9. A proceeding before the local board, an advertisement, or a hearing shall not be necessary in a transfer authorized by section 5, 7, or 8 of this chapter. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.130.

Ind. Code § 7.1-3-24-10 Reissuance of permits

Sec. 10. Reissuance of Permits. A permit held by a deceased or bankrupt permittee may be reissued as other permits are authorized in this title to be reissued if the permit is not transferred by sale or otherwise with the consent of the chairman before its expiration. The reissuance shall be made only upon the approval of the court having jurisdiction of the trust of the applicant if the reissuance is to be made to an administrator, executor, or his agent, or a receiver or trustee in bankruptcy. A sale or assignment of the permit shall first be approved by the court, and only to a person qualified to hold it under this title. Before the transfer shall legally entitle the purchaser or assignee to operate under it, the applicant must show the chairman that he is duly competent and qualified, the same as though he were the original applicant for it. If the applicant is duly competent and qualified the chairman may approve the sale or transfer and the commission may issue a permit to the purchaser or assignee. The commission shall not reissue a permit to any premises other than those to which the permit was applicable when held by the decedent or bankrupt. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-24-11 Surrender of permits

Sec. 11. The administrator or executor of the estate of a deceased permittee may surrender the permit to the commission and it shall be canceled. No part of the fee for the permit shall be refunded. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.42.

Ind. Code § 7.1-3-24-12 Permittee of mentally incompetent

Sec. 12. The provisions of this chapter relating to the sale or transfer of a permit belonging to a deceased permittee apply in the case of the appointment of a guardian for a mentally incompetent person. A permit belonging to a mentally incompetent person may be disposed of and transferred in the same manner and to the same extent as that provided in the case of a deceased permittee. [Pre-1973 Recodification Citation: 7-1-1-8(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.33-1989, SEC.6.

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