Pursuant to I.C. 7.1-3-1.1, a permit holder that is unable to immediately operate the business for which an alcohol permit is issued must deposit the permit in escrow with the Commission, subject to the Commission's approval. In order to deposit a permit into escrow, the following requirements must be met:
- All escrow requests must be submitted in writing and outline the reasons why the permittee is unable to immediately operate the business for which the permit is issued. The written request shall also include a proposed timeframe and detailed plan for putting the permit into operation and use.
- All required permit renewal applications must be submitted and all permit renewal fees must be paid on a timely basis, ensuring that the permit remains unexpired and in good standing.
- Permits approved by the Commission to be deposited in escrow receive an initial deposit term of twenty-four (24) months. Upon the expiration of the initial 24-month deposit term, a permittee may request additional extensions to receive a third, fourth, and fifth year of escrow, if needed, so long as the permittee demonstrates to the satisfaction of the Commission that it is making a good faith effort to put the permit into operation. Permits that are not made active or put into use or operation within five (5) years of being deposited into escrow will revert to the Commission as set forth in I.C. 7.1-3-1.1-3.
- A permittee may not speculate on the sale of a permit by placing it in escrow.
To view and print the Escrow Request Form (State Form, 56811), please visit https://forms.in.gov/Download.aspx?id=14230.
For more information about permit escrow hearings, please visit www.in.gov/atc/alcohol-permit-resources/alcohol-permit-information/.