Distribution to Cities and Towns; Notice of Annexation

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Sec. 7. (a) Thirty-three percent (33%) of the money in the excise fund shall, upon warrant of the state auditor, be paid into the general fund of the treasury of the city or town in which the retailer's or dealer's licensed premises are located. The money shall be paid to the treasurer of the county in which the retailer's or dealer's premises are located if they are located outside the corporate limits of a city or town.

(b) Not later than ten (10) days after:

(1) an annexation ordinance is filed under IC 36-4-3-22; or

(2) the second of the two (2) approvals of an annexation is filed under IC 36-3-2-7;

the annexing municipality shall provide notice to the chairman of the commission of any retailer's or dealer's premises located within the annexed territory. The notice shall be in writing, sent by certified mail, and must include the effective date of the annexation and the business name and street address of the retailer's or dealer's premises.

(c) The distribution from the excise fund shall continue to be paid to the jurisdiction on record with the commission, until the chairman of the commission receives the notice under this section that the retailer's or dealer's premises have been annexed into the city or town. An annexing city or town:

(1) shall be paid distributions that accrue after the date the chairman receives notice; and

(2) is not entitled to retroactive payment of any distributions accruing before the date the chairman receives notice.

[Pre-1973 Recodification Citation: 7-1-1-41(f).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.224-2005, SEC.27; P.L.194-2021, SEC.63.


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