Chapter 5.05
ALCOHOLIC BEVERAGES

Sections:

Article I. Liquor Retailers Permits

5.05.010    Liquor retailers permits.

5.05.020    Requirements.

Article II. Economic Development Alcohol Beverage Permits

5.05.030    Eligibility.

5.05.040    Commitments.

5.05.050    Approval of commitments.

5.05.060    Renewal of permits.

5.05.070    Commitments binding.

Article I. Liquor Retailers Permits

5.05.010 Liquor retailers permits.

Consent of said town be, and the same is hereby given and granted unto the proper legal authorities of the state of Indiana, to issue liquor retailer’s permits for the sale of alcoholic, spirituous beverages to applicants otherwise duly qualified, to premises within said town. [Ord. 1984-05 § 10; Ord. 1981-03 § 1. Prior code Title 4, Art. 4, Ch. 1, § 1]

5.05.020 Requirements.

That said permits shall be issued according to the provisions of Section 18 of an Act of the General Assembly of the state of Indiana, “An act concerning alcoholic beverages, liquids and substances, and to promote temperance, repealing laws and parts of laws and declaring an emergency,” approved March 11, 1935. [Ord. 1984-05 § 10; Ord. 1981-03 § 2. Prior code Title 4, Art. 4, Ch. 1, § 2]

Article II. Economic Development Alcohol Beverage Permits

5.05.030 Eligibility.

In order to be eligible for an economic development alcohol permit within Whitestown and under IC 7.1-3-20-16.8, a proprietor (and/or applicant or holder) must enter into formal written commitments pursuant to this article. [Ord. 2016-09 § 1]

5.05.040 Commitments.

The commitments, the adequacy of which are in the sole discretion of Whitestown, may relate to the character or type of business that will be conducted on the permitted premises, and should be designed to ensure that the proprietor operates a restaurant that is consistent with the economic development goals and visions of Whitestown. Each set of commitments may be unique to each separate proprietor, restaurant, or circumstances. [Ord. 2016-09 § 2]

5.05.050 Approval of commitments.

The commitments must be formally approved by both the Whitestown redevelopment commission and the Whitestown town council prior to submission of any application for an economic development alcohol permit within Whitestown. [Ord. 2016-09 § 3]

5.05.060 Renewal of permits.

A permit issued in Whitestown under the Act may not be renewed or permit ownership transferred, including if the area is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, unless the proprietor enters into new commitments with Whitestown pursuant to this article. [Ord. 2016-09 § 4]

5.05.070 Commitments binding.

Commitments entered under this article are binding on the permit holder, and continuing compliance with such commitments constitutes a condition to operating under an economic development alcohol permit within Whitestown. [Ord. 2016-09 § 5]