This week, the Indiana Alcohol and Tobacco Commission (ATC) announced in its regular meeting that a new Parties Agreed Disposition (PAD) policy soon will take effect. The ATC expects to release a formal policy document that will explain the new policy in detail. In short, when a violation occurs – e.g., selling to a minor, minor loitering, expiration of employee permits, permit not posted, trade practice violations – the defendant no longer will have the ability to negotiate a settlement. In other words, the defendant must accept the settlement as offered by the ATC, or defend the allegation at a hearing before the ATC. In addition, if the permittee does not respond timely to the Settlement Offer or appear at the hearing on the matter before the ATC, the permittee’s permit will be revoked and likely be “made dead.” Thus, it is even more critical now to have safeguards in place to ensure the receipt of and timely response to an Offer and Acceptance of Settlement/Settlement Offer sent by the ATC concerning a violation.
If you have further questions about this issue and its application to your business, please contact Lisa McKinney, Alex Intermill or your Bose McKinney & Evans attorney.