Alcohol and Tobacco Commission (ATC)

• Overview:
  The Alcohol and Tobacco Commission (ATC) is responsible for regulating the alcoholic beverage and tobacco industries in Indiana.

• Functions:

  • Issuing Permits:
  • The ATC issues permits for establishments that sell and serve alcoholic beverages.
  • Permits are categorized for both on-premises and off-premises consumption.
  • Regulatory Scope:
  • The ATC currently oversees:
    • 15,000 alcohol facility permits
    • 8,500 tobacco facility permits
    • 150,000 employee permittees

Indiana State Excise Police

• Role:
  The Indiana State Excise Police (Excise) serves as the law enforcement division of the ATC.

• Authority:

  • Excise holds full police powers and has a strong emphasis on enforcing alcohol and tobacco laws, along with other applicable laws.

• Personnel:

  • As of June 2021, there are 71 excise officers distributed across six districts in Indiana.

Districts of the ATC

• Structure:
  • Excise operates within specific districts, one of which is District 5, covering 21 counties in the southwestern portion of Indiana.

Reasons for Inspection by Excise Officers

• Inspection Triggers:
  • Excise officers may visit permit premises for several reasons:
  • Remodeling inspections: To review changes to the floor plan of an establishment.
  • Regular compliance checks: To ensure adherence to alcoholic beverage statutes and rules.
  • Response to complaints: Visits may occur following complaints from:
    • Veterans
    • Parents of patrons
    • Neighbors
  • Courtesy visits: Officers may attend an establishment at the request of the business owner.

Enforcement Powers of Excise Officers

• Search Authority:

  • Excise officers are authorized to search any area of the premises based on the established floor plan without needing a search warrant.

• Consequences of Violations:

  • If an officer finds violations, they may take the following actions:
  • Issue administrative violations
  • Bring criminal charges, depending on the severity of the violation.

Survey for Alcohol Compliance (SAC)

• Program Overview:

  • The SAC program involves inspections where excise officers accompany youth aged 18 to 20 into licensed alcoholic beverage establishments.

• Purpose of SAC:

  • To test compliance with laws prohibiting sales of alcohol to minors.

• Process:

  • The youth attempt to purchase alcoholic beverages during these inspections.

• Violation Criteria:

  • A sale of beverages to a minor is deemed complete when:
  • A clerk rings up the alcoholic beverages and money is exchanged for off-premises consumption.
  • A server in a restaurant delivers the drink to a table for on-premises consumption.

• Penalties:

  • Instances of selling alcohol to a minor may lead to penalties against:
  • The business permit
  • The employee permit
  • Possible fines can be imposed on individuals and businesses involved.

Trends in Compliance

• Current Statistics:

  • Reports indicate a declining rate of violations for selling alcohol to minors during inspections.

• Recommendations for Servers and Sellers:

  • To maintain this positive trend, individuals serving or selling alcoholic beverages should remain vigilant and adhere to recommended guidelines and practices.