Sec. 3. (a) It is unlawful for a person to act as a
clerk in a package liquor store, or as a bartender, waiter, waitress, or manager for a retailer permittee unless that person has applied for and been issued the appropriate permit. This section does not apply to dining car or boat employees, to a person described in
IC 7.1-3-1.7, or to a person described in
IC 7.1-3-18-9(d). A person who knowingly or intentionally violates this subsection commits a Class C infraction. However, the violation is a Class B misdemeanor if the person has a prior unrelated adjudication or
conviction for a violation of this section within the previous five (5) years.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:
| Class | Prison | Fine |
|---|
| Class B misdemeanor | up to 180 days | up to $1,000 |
For details, see
Ind. Code § 35-50-3-3
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Terms Used In Indiana Code 7.1-5-6-3
- Clerk: means the clerk of the court or a person authorized to perform the clerk's duties. See Indiana Code 1-1-4-5
- Conviction: A judgement of guilt against a criminal defendant.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
(c) It is a defense to a charge under this section for a new applicant for a permit if, not later than thirty (30) days after being cited by the commission, the new applicant who was cited produces a receipt for a cashier’s check or money order showing that an application for the appropriate permit was applied for on the date of the citation.
[Pre-1973 Recodification Citation: 7-2-1-12.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.51, SEC.5; P.L.77-1988, SEC.5; P.L.102-1989, SEC.7; P.L.159-2014, SEC.44; P.L.191-2018, SEC.3; P.L.32-2019, SEC.14.
