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Indiana Code

Ind. Code § 7.1-3-1-2 (2025)

No property right in permit

✓ 2025 Indiana Code: the 2026 session is not included
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     Sec. 2. No Property Right in Permit. A permittee shall have no property right in a wholesaler's, retailer's, or dealer's permit of any type.

[Pre-1973 Recodification Citations: 7-2-1-14(a); 7-1-1-5(2).]

Formerly: Acts 1973, P.L.55, SEC.1.

 

Notes of Decisions
Cited in 5 cases, 1976–2010 · leading case: Indiana Alcoholic Beverage Comm'n v. McShane, 354 N.E.2d 259 (Ind. Ct. App. 1976).
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Indiana Alcoholic Beverage Comm'n v. McShane, 354 N.E.2d 259 (Ind. Ct. App. 1976). · cites it 2× “Thus the trial court’s finding That the Plaintiffs, as holders of retail permits, have an interest in the lawful and effective regulation of the alcoholic beverage industry, and there is no remedy available to them at law to secure the lawful and effective regulation *598 by the…”
Ridenour v. Furness, 514 N.E.2d 273 (Ind. 1987). · cites it 2× “However, the majority apparently overlooked a statute that was passed in 1973, Ind.Code § 7.1-3-1-2, which states: "A permittee shall have no property right in a wholesaler's, retailer's or dealer's permit of any type.”
Honeycutt v. Ong, 806 N.E.2d 52 (Ind. Ct. App. 2004). · cites it 2× “[16, 17] - Indiana Code Section 7.1-3-1-2 provides that "a permittee shall have no property right in a wholesaler's, retailer's, or dealer's permit of any type.”
In re Richard C. Barnes, Debtor. Appeal of Thomas J. Vankirk, 276 F.3d 927 (7th Cir. 2002). “He seeks so much of the proceeds of the sale of the license as are necessary to pay his claim, subject to the rights of any lienors who are senior to him.”
Woodhollow Loft, Inc. v. Sisters of St. Francis Health Servs., Inc., 472 B.R. 494 (N.D. Ind. 2010). · cites it 2× “That is, while Ind.Code § 7.1-3-1-2 expressly denies a permittee property rights in an alcoholic beverage permit, a permittee is entitled to possess and utilize the permit pursuant to state statute until the permit expires, is suspended, revoked or transferred with the…”
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