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7.1-3-5-2. Applicants eligible for permits; renewal of permits; proprietor residency requirements

IN Code § 7.1-3-5-2 (2019) (N/A)
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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) Subject to subsection (d), 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) Except as provided under IC 7.1-3-21-5.6, the commission may issue a beer dealer's permit under subsection (c) for the premises of a package liquor store only if the proprietor of the package liquor store satisfies the Indiana resident ownership requirements described in IC 7.1-3-21-5(b), IC 7.1-3-21-5.2(b), or IC 7.1-3-21-5.4(b).

(e) 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.

(f) 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.

[Pre-1973 Recodification Citation: 7-1-1-12.]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.74-1997, SEC.1; P.L.41-2002, SEC.1; P.L.133-2016, SEC.1; P.L.214-2016, SEC.3; P.L.285-2019, SEC.20.

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