Ind. Code § 7.1-3-1.1-1 Applicability
Sec. 1. A permit deposited with the commission before, after, or on July 1, 2019, is subject to this chapter.
As added by P.L.285-2019, SEC.15.
Ind. Code ch. 7.1-3-1.1
Ind. Code ch. 7.1-3-1.1
in effectInd. Code § 7.1-3-1.1-2 Deposit terms
Sec. 2. (a) If a permit holder is unable to immediately operate the business for which the permit was issued, the permit holder shall deposit the permit with the commission, subject to the commission's approval. The commission may approve the deposit of the permit for the following terms:
(1) An initial term of deposit that expires twenty-four (24) months after the date of the commission's approval.
(2) An extension of the term of deposit that expires twelve (12) months after the date the initial term of deposit under subdivision (1) expires.
(3) An extension of the term of deposit that expires twelve (12) months after the date the initial term of deposit under subdivision (2) expires.
(4) An extension of the term of deposit that expires twelve (12) months after the date the initial term of deposit under subdivision (3) expires.
(b) If the permit has not expired or reverted to the commission, a permit holder may withdraw a permit that is deposited with the commission and make the permit active at any time before the term of deposit expires, subject to any requirements of the commission.
As added by P.L.285-2019, SEC.15.
Ind. Code § 7.1-3-1.1-3 Reversion of permit to commission
Sec. 3. (a) A permit reverts to the commission if:
(1) a term of deposit under section 2(a) of this chapter expires without the commission approving an extension of the term; and
(2) the permit is not active.
(b) In addition to the notice provided under IC 7.1-3-1-3, at least ninety (90) days before the date that a term of deposit expires, the commission shall provide written notice to the permit holder of the date that:
(1) the term of deposit expires; and
(2) the permit will revert to the commission if:
(A) the permit is not active; or
(B) an extension of the term of deposit has not been approved by the commission.
As added by P.L.285-2019, SEC.15.
Ind. Code § 7.1-3-1.1-4 Procedure for deposit of permit or extension of deposit term
Sec. 4. This section sets out the procedure for a permit holder to request deposit of a permit or extension of a term of deposit. A permit holder must do the following:
(1) Submit the permit holder's request for deposit or an extension of the term of deposit to the commission in writing. A permit holder must submit a request for extension at least sixty (60) days before the term of deposit expires.
(2) To make an initial request for deposit of a permit, submit documentation of the following:
(A) The specific reasons why the business for which the permit was issued is not immediately operational.
(B) A timetable for making the business and the permit active.
(C) A detailed statement of the permit holder's efforts to make the business operational and the permit active.
(3) To request an extension of a term of deposit, appear at a public meeting of the commission and provide to the commission's satisfaction an explanation of the following:
(A) The specific reasons why the business for which the permit was issued is not immediately operational.
(B) A timetable for making the business operational and the permit active.
(C) A detailed statement of the permit holder's efforts to make the business operational and the permit active.
(4) Submit to the commission any other documentation of the permit holder's efforts under subdivision (3)(C), including:
(A) contracts for construction or renovation of the permit premises;
(B) zoning applications and approvals; and
(C) building permits and any other necessary government approvals.
(5) If the commission approves the permit holder's initial request for deposit or request for an extension of a term of deposit, pay any permit renewal fees that are due.
As added by P.L.285-2019, SEC.15. Amended by P.L.194-2021, SEC.27; P.L.9-2022, SEC.11.
Ind. Code § 7.1-3-1.1-5 Notice of commission approval or denial of deposit or extension of deposit term; judicial review
Sec. 5. The commission shall send a notice by mail or electronic mail to a person of:
(1) the commission's approval or denial of a request for deposit or extension of a term of deposit; and
(2) if the permit holder's request is approved:
(A) the date that the term of deposit expires; and
(B) any fees that are due and payable by the permit holder.
A person adversely affected by the commission's determination under this chapter may seek judicial review of the determination under IC 4-21.5.
As added by P.L.285-2019, SEC.15.
Ind. Code § 7.1-3-1.1-6 Permits subject to quota; restrictions on ownership transfer
Sec. 6. (a) This section applies to a permit deposited with the commission that:
(1) has never been put into operation by the permit holder; and
(2) is subject to the quota provisions of IC 7.1-3-22.
(b) The commission may not accept an application for transfer of ownership of the permit except upon a showing to the satisfaction of the commission of both of the following:
(1) Exceptional and unusual circumstances that necessitate a transfer of ownership of the permit, including bankruptcy or death of the permit holder.
(2) That the permit holder does not intend to speculatively sell the permit. Evidence of the permit holder's intent may be shown by submitting to the commission documentation showing that the proposed sale price for the permit does not exceed the amount that the permit holder paid the commission or the previous permit holder for the permit.
As added by P.L.285-2019, SEC.15.
Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026