Sec. 31. An applicant aggrieved by the action of the commission in denying, failing to renew, or revoking, a wholesaler's permit of any type, contrary to the provisions of IC 7.1-3-23-30, shall have the right to secure a review of that determination by petition to the superior court of Marion County under the same conditions and in the same manner and mode of procedure as provided in this chapter for other appeals. The court shall, from the evidence presented, determine if the applicant has been denied a permit or renewal, or has had his permit revoked, on arbitrary, capricious, or political grounds and if the court determines that the permit or renewal was improperly denied or revoked, the court shall issue a writ of mandate ordering the commission to issue, renew, or reinstate the permit. However, either party shall have the right of appeal from the judgment of the superior court of Marion County as an appeal is taken in a civil action.
[Pre-1973 Recodification Citation: 7-2-1-16.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.141-2007, SEC.1.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 23. Denial, Suspension, and Revocation of Permits
7.1-3-23-1. No Right to Compel Issuance
7.1-3-23-2. Fine, Suspension, and Revocation of Alcohol Permit or Tobacco Certificate
7.1-3-23-5. Revocation of Permits
7.1-3-23-6. Revocation of Permits; Procedure
7.1-3-23-7. Suspension; General Rule
7.1-3-23-8. Procedure Applicable
7.1-3-23-11. Nonrenewal; Judicial Review Available
7.1-3-23-12. Cessation of Qualifications
7.1-3-23-13. Location of Premises
7.1-3-23-14. Revocation for Refusal to Allow Examination
7.1-3-23-16. Revocation Upon Conviction
7.1-3-23-17. Revocation for Possession of Wagering Stamps
7.1-3-23-19. Revocation for Allowing Minor on Premises
7.1-3-23-20. Revocation for False Information of Interested Parties
7.1-3-23-20.5. Adult Entertainment Performers; Retailer's Permit Holders
7.1-3-23-21. Revocation Upon Petition
7.1-3-23-22. Contents of Petition
7.1-3-23-23. Revocation for Prohibited Interest; Beer
7.1-3-23-24. Revocation of Liquor Wholesaler Permit for Having Prohibited Interest
7.1-3-23-25. Revocation for Violation of Agreement
7.1-3-23-27. Revocation for Violation of Order
7.1-3-23-28. Revocation for Violation of Injunction
7.1-3-23-29. Revocation for Taxes and Bonds
7.1-3-23-30. Denial of Wholesalers' Permit
7.1-3-23-31. Appeal by Applicant for Wholesalers' Permit
7.1-3-23-32. Notice to Permittee in Certain Cases
7.1-3-23-33. Right to a Public Hearing
7.1-3-23-34. Final Action of Commission
7.1-3-23-35. Court Review Available
7.1-3-23-36. Initiation of Appeal
7.1-3-23-38. Transmission of Record
7.1-3-23-39. Stay of Suspension or Revocation; General Rule
7.1-3-23-40. Stay Pending Appeal
7.1-3-23-42. Continued Operations During Stay
7.1-3-23-43. Suspension of Permit for Failure to Pay Seller of Permit