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Ind. Code § 7.1-3-5-2

Applicants eligible for permits; renewal of permits

Applied in 1 court decision — leading case Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Commission (2011)

Most recently applied in Indiana Ass'n of Beverage Retailers, Inc. v. Indiana Alcohol & Tobacco Commission (March 2011)

Formerly: Acts 1973, P.L.55, SEC.1

Sec. 2. (a) As used in this section, "proprietor of a package liquor store" means the person that:

(1) holds the financial investment in; and

(2) exercises the financial and operational oversight of;

a package liquor store.

(b) The commission may issue a beer dealer's permit only to an applicant who is the proprietor of a drug store, grocery store, or package liquor store.

(c) The commission may issue a beer dealer's permit to an applicant that is a foreign corporation if:

(1) the applicant is duly admitted to do business in Indiana;

(2) the sale of beer is within the applicant's corporate powers; and

(3) the applicant is otherwise qualified under this title.

(d) The commission shall not issue a beer dealer's permit to a person who is disqualified under the special disqualifications. However, the special disqualification listed in IC 7.1-3-4-2(a)(14) shall not apply to an applicant for a beer dealer's permit.

(e) Notwithstanding subsection (b), the commission may renew a beer dealer's permit for an applicant who:

(1) held a permit before July 1, 1997; and

(2) is the proprietor of a confectionery or a store that:

(A) is not a drug store, grocery store, or package liquor store;

(B) is in good repute; and

(C) in the judgment of the commission, deals in merchandise that is not incompatible with the sale of beer.

Official source: Indiana General Assembly. Reproduced from public-domain Indiana statutes; confirm against the official source for the current text. Not legal advice.