Sec. 17. (a) This section applies to a permit issued under IC 7.1-3-20-16(d), IC 7.1-3-20-16(g), IC 7.1-3-20-16(k), IC 7.1-3-20-16(l), or IC 7.1-3-20-16.8 if a municipal legislative body has adopted an ordinance requiring a formal written commitment as a condition of eligibility for a permit, as described in subsection (b).
(b) As a condition of eligibility for a permit, the applicant must enter into a formal written commitment with the municipal legislative body regarding the character or type of business that will be conducted on the permit premises. The municipal legislative body must adopt an ordinance approving the formal written commitment. A formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. When an application for renewal of a permit is filed, the applicant shall forward a copy of the application to the municipal legislative body. The municipal legislative body shall receive notice of any filings, hearings, or other proceedings on the application for renewal from the applicant.
(c) A formal written commitment may be modified by the municipal legislative body with the agreement of the permit holder.
(d) Except as provided in subsection (f), the amount of time that a formal written commitment is valid may not be limited or restricted.
(e) A formal written commitment is terminated at the time a permit is revoked or not renewed.
(f) If the character or type of business violates the formal written commitments, the municipality may adopt a recommendation to the local board and the commission to:
(1) deny the permit holder's application to renew the permit; or
(2) revoke the permit holder's permit.
(g) The commission shall consider evidence at the hearing on the issue of whether the business violated the formal written commitments. If the commission determines there is sufficient evidence that the commitments have been violated by the permittee, the commission may:
(1) deny the application to renew the permit; or
(2) revoke the permit;
as applicable.
As added by P.L.121-2015, SEC.1. Amended by P.L.60-2016, SEC.3; P.L.214-2016, SEC.15.
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