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INDIANA ALCOHOL AND TOBACCO COMMISSION OFFICE OF THE PROSECUTOR MARK E. MADER, PROSECUTOR

The Office of the Prosecutor within the Indiana Alcohol & Tobacco Commission is responsible for prosecuting violations of commission rules and regulations, assisting prosecuting attorneys in alcohol and tobacco-related cases, and ensuring fair and consistent enforcement.

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INDIANA ALCOHOL AND TOBACCO COMMISSION OFFICE OF THE PROSECUTOR MARK E. MADER, PROSECUTOR

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  1. INDIANA ALCOHOL AND TOBACCO COMMISSIONOFFICE OF THE PROSECUTORMARK E. MADER, PROSECUTOR There is hereby created within the commission a division to be known as the “Office of the Prosecutor.” I.C. 7.1-2-2-1 The prosecutor shall be appointed by the governor for a term of four (4) years to be served at the pleasure of the governor. The prosecutor shall be a resident of the state and a practicing member of the Indiana bar. I.C. 7.1-2-2-2 (a)To prosecute before the commission all violations of the rules and regulations of the commission; (b)To assist the prosecuting attorneys of the various judicial circuits in the investigation and prosecution of violations of laws pertaining to alcohol, alcoholic beverages, and tobacco, including violations pertaining to tobacco vending machines, and to represent the state in these matters. I.C. 7.1-2-2-5.

  2. On February 17, 2014, Governor Mike Pence appointed me Prosecutor for the Indiana Alcohol & Tobacco Commission. • I inherited a backlog of 1973 cases to process. Processing a case involves reviewing the notice of violation and incident report issued by the Indiana Excise Police. Then inputting the proposed disposition into the ATC data base which then issues a proposed settlement offer which is mailed to the alleged violator. • The alleged violator is given a date by which to respond or a date to appear to discuss the alleged violation with the prosecutor. • In the great majority of cases, the alleged violator signs the proposed settlement offer and returns it to the ATC with their check. • My philosophy of prosecution is to be fair, firm and consistent. In order to accomplish that, I implemented a fine schedule for the greater majority of violations. • I successfully eliminated the backlog within 60 days. The ultimate aim of the Office is to have no unprocessed charges older than 30 days. • Since my appointment I have processed more than 4,000 cases and collected more than $700,000. • Currently there are no unprocessed cases older than 45 days.

  3. The following are the general purposes of this title: • To protect the economic welfare, health, peace, and morals of the people of this state. • To regulate and limit the manufacture, sale, possession, and use of alcohol and alcoholic beverages. • To regulate the sale, possession, and distribution of tobacco products. • To provide for the raising of revenue. The Commission is the sole regulator and enforcer of type II gaming, alcohol, and tobacco statutes and rules in Indiana. Indiana Courts have upheld that unless it is approved by the Commission and involves alcohol, tobacco, and /or type II gaming it can’t be done legally. Unless it’s approved it’s unapproved.

  4. 7.1-3-5-5. “Annual gross sales of food” defined - Verification of accuracy by department of state revenue. (a) As used in this section, “annual gross sales of food” refers to annual gross sales of food for human consumption that are exempt from the state gross retail tax. (e) The department of state revenue shall verify the accuracy of the reports provided to the commission under this section. The department of state revenue shall report to the commission any discrepancy that the department discovers between: • the amount of annual gross sales of food that the permit holder has reported to the department; and • the amount of annual gross sales of food that the permit holder has reported to the commission.

  5. (a) The commission shall supervise and administer type II gambling operations conducted in Indiana under this article. (b) The commission shall enforce this article. I.C. 4-36-3-1 Adjusted gross income equals the difference between gross revenue from type II games minus (1) the total of the value of prizes awarded, (2) the sum of purchases prices paid for type II gambling games dispensed in the preceding year, and (3) amount equal to the amount of license fees paid by retailer in preceding year. I.C. 4-36-4-6. The bottom line is the fee for a type II gaming permit renewal is determined by the permit holder’s previous year’s type II gaming income . The Commission is the sole authority to issue an endorsement for a type II gaming permit or renewal. I.C. 4-36-3-4

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