Section 7.1-3-1-3 - Term of permits; renewal; effective upon final approval; letter of authority to operate(a) A permit of any type issued by the commission, except as provided in subsections (b) and (f) or unless otherwise provided in this title, shall be in force for one (1) calendar year only, including the day upon which it is granted. At the end of the one (1) year period the permit shall be fully expired and null and void.(b) Notwithstanding subsection (a), a permit that is subject to section 5.5 or 5.6 of this chapter is effective for two (2) calendar years, including the day upon which the permit is granted. However, a local board may recommend to the commission that the permit be issued or renewed for only a one (1) year period. The commission may issue or renew a permit for the period recommended by the local board.(c) A permittee who is granted a two (2) year permit under subsection (b) or subsection (f) is liable for any annual fees assessed by the commission. The annual fee is due on the annual anniversary date upon which the permit was granted.(d) If the commission grants a two (2) year permit, the commission may ask a local board to hold a hearing to reconsider the duration of a permittee's permit. A hearing held under this subsection is subject to section 5.5 or 5.6 of this chapter. A local board shall hold the hearing requested by the commission within thirty (30) days before the permittee's next annual anniversary date and forward a recommendation to the commission following the hearing.(e) If a permittee is granted a permit for more than one (1) year, the commission shall require the permittee to file annually with the commission the information required for an annual permit renewal.(f) Notwithstanding subsection (a), the following are effective for two (2) calendar years, including the day upon which the permit is granted: (1) A beer wholesaler's permit issued under IC 7.1-3-3-1.(2) A wine wholesaler's permit issued under IC 7.1-3-13-1.(3) A liquor wholesaler's permit issued under IC 7.1-3-8-1.(g) Except as provided in subsection (h), the commission shall timely process a permittee's application for renewal of a permit unless the permittee receives a notice of a violation from the office of the prosecutor created under IC 7.1-2-2-1.(h) The commission may timely process an application for renewal of a permit filed by a permittee that receives notice of a violation as described in subsection (g) if the chairman or the chairman's designee authorizes the application for renewal of the permit to be timely processed.(i) Except as provided in subsection (k), a permittee may file an application for renewal of a permit not later than:(1) one (1) year after the date the permit expires (in the case of a permit that expires before July 1, 2019); or(2) six (6) months after the date the permit expires (in the case of a permit that expires after June 30, 2019).(j) Except as provided in subsection (k), if a permittee does not file an application for renewal of a permit within the time provided in subsection (i), the permit reverts to the commission. At least thirty (30) days before the date that a permit reverts to the commission, the commission shall provide written notice to the permittee informing the permittee of the date that the permittee's permit will revert to the commission.(k) Subject to subsection (l), a permittee:(1) under subsection (i)(1) may file an application for renewal of a permit more than one (1) year after the date the permit expires if, not later than one (1) year after the date the permit expires, the permittee obtains approval from the chairman or the chairman's designee for an extension to file the application for renewal; or(2) under subsection (i)(2) may file an application for renewal of a permit more than six (6) months after the date the permit expires if, not later than six (6) months after the date the permit expires, the permittee obtains approval from the chairman or the chairman's designee for an extension to file the application for renewal.(l) The chairman may allow the permittee to renew the permit: (1) more than one (1) year, in the case of a permittee under subsection (k)(1); or(2) more than six (6) months in the case of a permittee under subsection (k)(2); after the date the permit expires only if the permittee provides evidence that the permittee is engaged in an administrative or court proceeding that prevents the permittee from renewing the permit.
(m) A permit is effective upon the final approval of the commission. Upon final approval of a permit, and upon the request of the permittee, the commission shall provide the permittee with a letter of authority to operate. The letter of authority to operate constitutes authorization for the permittee to perform the actions allowed under the permit until the date the permittee receives the permit issued by the commission.Pre-1973 Recodification Citation: 7-2-1-14(c).
Amended by P.L. 285-2019,SEC. 10, eff. 7/1/2019.Amended by P.L. 196-2015, SEC. 3, eff. 7/1/2015.(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by P.L. 52-1994, SEC.2; P.L. 205-1999, SEC.8; P.L. 250-2003, SEC.7; P.L. 224-2005, SEC.2.