The Alcohol and Tobacco Commission (ATC) has a new, published nonrule policy, as of March 2016, that impacts the operations of businesses in Indiana with new and renewed permits.  The purpose of Nonrule Policy ATC #17 is to expedite usage of a newly issued or renewed alcohol permit and to implement a uniform procedure for a permittee to operate when the permit is activated in the ATC licensing system but the actual permit has not yet been printed and received by the permittee.
Under IC 7.1-3-1-20, a permit must be displayed in a conspicuous place on a licensed premises before the permittee is considered fully qualified to do business.  Before the new policy, there was a gap between when the permit was approved and when the permittee actually had the permit in hand and could comply with the display requirements.  The new policy addresses that gap and a permittee may operate for the first 15 days after the permit is active in the ATC’s licensing system without the permit being displayed in a conspicuous place at the licensed premises and without violating IC 7.1-3-1-20.  Specifically, a permittee may begin to operate, including receiving product from a wholesaler and selling to customers during the 15-day window so long as the permit’s status is “Active” in the ATC’s online database.  The actual permit must be displayed not later than 15 days after the permit is listed as “Active” or at the time the actual permit is received by the permittee, whichever is sooner.
Click here to review the entire nonrule policy.
For more information, contact any member of the Hospitality Group of Bose McKinney & Evans LLP.