7.1-3-9.5-2. Notices

IN Code § 7.1-3-9.5-2 (2019) (N/A)
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Sec. 2. (a) The holder of a supplemental caterer's permit shall notify the commission in writing not later than forty-eight (48) hours in advance of each function that the permittee intends to cater with alcoholic beverages. The commission may waive the forty-eight (48) hour notice period required under this subsection, if authorized by the chairman or the chairman's designee, but may not waive the requirement for filing notice.

(b) The notice shall include the following:

(1) The date, time, and location of the function to be catered.

(2) If the function is open to the public, located in a county having a population of less than one hundred fifty thousand (150,000), and located in a different county from the county where the permittee holds the three-way permit required under section 1 of this chapter, the signature of the following official on a document stating the official's approval of the catering of alcoholic beverages at the proposed date, time, and location:

(A) The president of the town council, if the location is in a town.

(B) The mayor, if the location is in a city.

(C) The president of the board of county commissioners, if the location is in unincorporated territory.

(c) If a permittee complies with all notice requirements of subsection (b), the commission in its absolute discretion has the authority, any other provision of this title to the contrary notwithstanding, to approve the proposed date and location of the function to be catered.

(d) The commission need not notify the permittee if the commission approved the proposed date and location, and the permittee may proceed as stated in the permittee's notice to the commission. The commission shall notify the permittee by certified United States mail, in advance of the function, if the commission does not approve the proposed date or location.

(e) A permittee whose proposed date or location has been disapproved by the commission still may cater the function on that date and at that location, but the permittee may not cater alcoholic beverages at that function on that date and at that location.

Formerly: Acts 1974, P.L.25, SEC.1. As amended by P.L.51-1994, SEC.4; P.L.196-2015, SEC.8.