Sec. 4. (a) The premises to be used as a warehouse by an applicant shall be described in the application for the permit. The commission shall not issue a beer wholesaler's permit to an applicant for any other warehouse or premises than that described in the application. The commission shall issue only one (1) beer wholesaler's permit to an applicant, but a permittee may be permitted to transfer the permittee's warehouse to another location within the county that is not required to be within the corporate limits of an incorporated city or town, upon application to, and approval of, the commission.
(b) As used in this subsection, "immediate relative" means the father, the mother, a brother, a sister, a son, or a daughter of a wholesaler permittee. Notwithstanding subsection (a), if a wholesaler permittee is:
(1) dead;
(2) legally adjudged to be mentally incapacitated; or
(3) at least seventy-five (75) years of age and has held an interest in the wholesaler's permit for at least ten (10) years;
the commission, may allow the transfer of the wholesaler permit only to an immediate relative of the wholesaler permittee who concurrently holds a majority share in a valid wholesaler permit. In the case of a permit transfer from a wholesaler permittee under subsection (b)(3), the immediate relative to whom the permit is transferred must concurrently hold a majority share in a valid wholesaler permit and must have held an interest in the wholesaler permit for at least ten (10) years.
[Pre-1973 Recodification Citation: 7-1-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.205-1999, SEC.13; P.L.94-2008, SEC.27; P.L.79-2022, SEC.1.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 3. Beer Wholesalers' Permits
7.1-3-3-2. Necessary Investment
7.1-3-3-3. Building Requirements
7.1-3-3-4. Warehouse Premises; Permit Transfer to Relative
7.1-3-3-7. Action of Commission on Renewals
7.1-3-3-9. Demand for Public Hearing
7.1-3-3-10. Conduct of Hearing
7.1-3-3-11. Findings and Conclusions; Action of Commission
7.1-3-3-12. Petition for Review
7.1-3-3-13. Contents of Petition
7.1-3-3-14. Ad Interim Operations
7.1-3-3-17. Cancellation of Franchise Agreement