Indiana Administrative Code Title 905 - ALCOHOL AND TOBACCO COMMISSION
Indiana Administrative Code – Title 905
Alcohol and Tobacco Commission (ATC)
Overview
Title 905 creates and governs the Alcohol and Tobacco Commission of Indiana.
This Commission regulates the manufacture, distribution, sale, and use of alcoholic beverages and tobacco products within the state.
The Commission’s role is to ensure that alcohol and tobacco businesses operate legally, responsibly, and in the public interest.
Key Components of Title 905
1. Establishment of the Commission
The Alcohol and Tobacco Commission (ATC) is the state’s regulatory authority.
Members are appointed and include a Chairperson and Commissioners.
The Commission has the power to:
Issue, suspend, or revoke permits,
Conduct hearings,
Enforce compliance,
Adopt administrative rules for alcohol and tobacco regulation.
2. Permits & Licensing
Title 905 defines the permits required to manufacture, sell, or distribute alcohol and tobacco.
Categories of permits include:
Retail permits (restaurants, bars, liquor stores).
Wholesale permits (distributors).
Manufacturing permits (breweries, wineries, distilleries, tobacco manufacturers).
Transporter permits.
Each permit comes with eligibility requirements (location, business type, zoning, background checks).
3. Sale & Distribution Rules
Sets where, when, and how alcohol/tobacco can be sold.
Covers:
Hours of sale (time restrictions for alcohol).
Prohibited locations (such as near schools or churches, unless exceptions apply).
Conditions for on-premise vs. off-premise consumption.
Age restrictions for both purchase and employment.
Prohibits sales to minors or intoxicated persons.
4. Manufacturing & Labeling Standards
Rules for alcoholic beverage production (quality, sanitation, recordkeeping).
Labeling requirements for bottles and packaging, including:
Brand name, type, and content.
Health and safety warnings.
Similar labeling and packaging rules for tobacco products.
5. Tobacco Product Regulation
Title 905 regulates:
Licensing of tobacco retailers and distributors.
Sale restrictions (e.g., no sale to persons under the legal age).
Packaging and warning requirements.
Location restrictions for tobacco sales.
6. Enforcement & Inspections
The ATC has authority to:
Conduct inspections of retail stores, bars, and manufacturing plants.
Investigate violations such as illegal sales, smuggling, or counterfeit goods.
Work with local law enforcement for enforcement actions.
7. Violations & Penalties
Penalties under Title 905 may include:
Fines,
Suspension or revocation of permits,
Seizure of illegal alcohol/tobacco products.
Businesses found guilty of repeated violations can be permanently barred from operating.
8. Hearings & Appeals
The Commission conducts administrative hearings for disputes, permit denials, or violations.
Businesses may appeal Commission decisions through the defined procedures.
9. Education & Public Interest
The ATC also works on:
Educating retailers about compliance,
Promoting responsible drinking and smoking practices,
Protecting public health and welfare.
Purpose of Title 905
The goals of Title 905 are to:
Maintain orderly regulation of alcohol and tobacco industries.
Protect the public from unsafe or illegal practices.
Ensure businesses operate fairly and responsibly.
Provide an enforcement body (Alcohol and Tobacco Commission) to oversee compliance.
✅ In summary:
Indiana Administrative Code Title 905 – Alcohol and Tobacco Commission establishes the ATC as Indiana’s regulator of alcohol and tobacco. It defines the rules for permits, sales, distribution, manufacturing, labeling, enforcement, violations, and hearings — balancing industry operation with public safety.
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