Citations Affected:
IC 7.1-3-1
;
IC 7.1-3-19
.
Synopsis: Alcoholic beverage permit hearing procedures. Allows the
local board of the alcohol and tobacco commission (ATC) to require an
applicant for: (1) a renewal permit to sell alcoholic beverages, if the
applicant has violated a law or rule or had complaints filed against the
permittee; or (2) a new liquor dealer permit or transfer of a liquor
dealer permit; to provide notice of the application by mail to
neighboring property owners, schools, churches, and neighborhood
associations that have registered with the circuit court clerk. Allows an
applicant for any other retailer or dealer permit to provide notice by
mail or post notice at the premises. Requires the local board to consider
the limited criminal history of an applicant for a retailer or dealer
permit. Specifies that the local board and the ATC must consider the
applicant's moral character and the esteem in which the applicant is
held by members of the community. Allows the local board to receive
newspaper articles in determining the esteem in which the applicant is
held by members of the community.
Effective: July 1, 2002.
January 10, 2002, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
alcoholic beverages.
SECTION 1.
IC 7.1-3-1-5.7
IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 5.7. (a) Except as provided in subsection (b), this
section applies to a municipality or a county.
(b) This section does not apply to a county having a consolidated
city.
(c) 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.
(d) As used in this section, "neighboring property owner"
means:
(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 part 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.
(e) 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.
(f) 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.
(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 board hearing, mail
notice of the hearing at the applicant's expense to the following:
(1) Each neighboring property owner.
(2) The circuit court clerk of the county where the premises is
located.
(3) The following entities that have registered with the circuit
court clerk of the county where the premises is located:
(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.
city.
(c) This section applies only to an application for the renewal of
a permit to sell alcoholic beverages.
(d) The definitions set forth in section 5.7 of this chapter apply
to this section.
(e) The renewal of a permit is subject to
IC 7.1-3-19-9.5.
(f) If:
(1) an applicant has been cited for a violation of law or a rule
of the commission; or
(2) the local board has received at least five (5) written
complaints against the applicant alleging a violation of law or
a rule of the commission;
then upon direction of the local board, the applicant shall, at least
fifteen (15) days before the date of the local board hearing, mail
notice of the hearing at the applicant's expense as provided in
subsection (g).
(g) The applicant shall mail the notice required under
subsection (f) to the following:
(1) Each neighboring property owner.
(2) The circuit court clerk of the county where the premises is
located.
(3) The following entities that have registered with the circuit
court clerk of the county where the premises is located:
(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 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
board at the public hearing on the application. The affidavit must
list the names and addresses of the persons to whom notice was
mailed by the applicant.
(j) In addition to the information required by subsection (i), the
applicant shall file with the local board at the public hearing the
following information:
(1) If the area where the premises is located is within the
jurisdiction of a planning commission, verification from the
plan commission 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 July 1, 2002.
SECTION 3.
IC 7.1-3-1-28
, AS ADDED BY P.L.204-2001,
SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2002]: Sec. 28. (a) This section applies to the initial issuance,
transfer of location, or transfer of ownership of the following:
(1) Any form of retailer's permit issued under this title.
(2) Any form of dealer's permit issued under this title.
(b) To qualify for approval of an application, an applicant must
show proof to the commission that the applicant has provided notice
concerning the application in conformity with this section.
(c) Except as provided in subsection (d), the applicant shall post a
sign for the period, in the location, and in the form specified in the
rules adopted by the commission to indicate to the public that the
applicant is seeking the issuance of a retailer's or dealer's permit. The
rules adopted by the commission must require that: