Title 7.1, TITLE 7.1. TITLE 7.1. ALCOHOL AND TOBACCO

Sec. 1. Clubs: General Requirements. In order to be considered a "club" within the meaning of this title and to be eligible to receive an appropriate club permit under this title, an association or corporation shall meet the following requirements: (a) It shall have been organize…

Sec. 10. Restaurants Within Corporate Limits. The commission may issue the appropriate permit upon the application of a restaurant if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: …

Sec. 11. The commission may issue a beer retailer's permit to a restaurant if it is located within an unincorporated town, or in close proximity to one, and if the establishment meets the requirements provided in section 9 of this chapter. [Pre-1973 Recodification Citation: 7-1-1…

Sec. 11.5. (a) The commission may issue a three-way permit for the sale of alcoholic beverages, for on-the-licensed-premises consumption only, to the proprietor of a restaurant which is located in a city or town that has a population of less than twenty-five thousand (25,000), if…

Sec. 12. The commission may issue a three-way permit for the sale of alcoholic beverages to the proprietor of a restaurant which is located outside the corporate limits of an incorporated city or town if the restaurant meets the additional requirements: (1) It shall be a table se…

Sec. 13. (a) The commission may issue a three-way permit to the proprietor of a new restaurant which is located outside the corporate limits of an incorporated city or town for the sale of alcoholic beverages if: (1) the applicant proves to the local board and the commission that…

Sec. 13.6. (a) As used in this section, "clubhouse" means a facility: (1) that is located on a golf course; and (2) where alcoholic beverages are sold under a retailer's permit or a club permit issued by the commission. (b) The holder of a retailer's permit or a club permit for t…

Sec. 14. (a) The commission shall not renew the permit of a permittee licensed under section 12 or 13 of this chapter upon the expiration of the permit in the calendar year next succeeding a calendar year in which the permittee's gross food sales are less than one hundred thousan…

[Pre-1973 Recodification Citation: 7-1-1-8(5).] As added by Acts 1973, P.L.55, SEC.1. Amended by Acts 1974, P.L.26, SEC.1. Repealed by Acts 1975, P.L.72, SEC.4.

redevelopment projects or districts; historic river vessels; cultural centers; historic districts; motorsport development districts; premises in qualified motorsports facilities; certain municipalities Sec. 16. (a) A permit that is authorized by this section may be issued without…

permit requirements Sec. 16.1. (a) This section applies to a municipal riverfront development project authorized under section 16(d) of this chapter. (b) In order to qualify for a permit, an applicant must demonstrate that the municipal riverfront development project area where t…

permit; documentation; restriction on issuance of permit Sec. 16.2. (a) This section applies to a municipal lakefront development project authorized under section 16(j) of this chapter. (b) In order to qualify for a permit, an applicant must demonstrate that the municipal lakefro…

Sec. 16.3. If the holder of a permit holds a: (1) permit issued under section 16(c) through 16(q) of this chapter or section 16.8 of this chapter to sell beer for on-premises consumption; and (2) permit for a brewery described in IC 7.1-3-2-7(5) that is located on or adjacent to …

restaurant carryout sales of facility's products Sec. 16.4. (a) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for: (1) a brewery described in IC 7.1-3-2-7(5); (2) a farm winery described in IC 7.1-3-12-3; (3)…

Sec. 16.5. (a) A permit that is authorized by this section: (1) is subject to the quota provisions of IC 7.1-3-22; and (2) is not subject to the proximity provisions of IC 7.1-3-21-11. (b) The commission may issue a retailer's permit to the proprietor of a restaurant that is loca…

certain municipalities Sec. 16.8. (a) A permit that is authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22. (b) Except as provided in section 16.3 of this chapter, the commission may issue not more than four (4) new three-way permits to …

Sec. 17. Service Bars. (a) An establishment which is licensed under the provisions of this article and which has a gross annual business of at least one hundred thousand dollars ($100,000), of which at least fifty percent (50%), is in the retail sale of food, may have, subject to…

Sec. 18. (a) In order to be considered a "hotel" within the meaning of this title and to be eligible to receive an appropriate hotel permit under this title, an establishment shall meet the following requirements: (1) It shall be provided with special space and accommodations whe…

Sec. 18.6. (a) If the commission issues a hotel permit for a hotel that meets the requirements of section 18(a)(2)(B) of this chapter, the holder of the hotel permit shall submit a floor plan or design to the commission of the premises where alcoholic beverages will be served and…

service windows Sec. 18.7. (a) This section applies to the premises of a hotel that is owned by an accredited college or university (as described in IC 24-4-11-2). (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a hotel may sell…

Sec. 19. Hotels Within Corporate Limits. The commission may issue the appropriate permit upon the application of a hotel if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973,…

Sec. 2. The commission may issue the appropriate permit upon the application of a club if the premises to be licensed are situated within the corporate limits of a city or town. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72,…

As added by P.L.52-1992, SEC.9. Amended by P.L.224-2005, SEC.13. Repealed by P.L.196-2015, SEC.13.

Sec. 20. (a) The commission may issue a three-way permit to a hotel situated outside the corporate limits of an incorporated city or town if the establishment meets the following requirements: (1) It shall be provided with special space and accommodations where, in consideration …

Sec. 21. (a) In order to be considered a "resort hotel" within the meaning of this title and to be eligible to receive an appropriate resort hotel permit under this title, an establishment shall meet the following requirements: (1) It shall be constantly patronized during a seaso…

[Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by P.L.285-2019, SEC.37.

Sec. 23. (a) As used in this section, "in-room vending unit" means a closed container that is: (1) located in a guest room of a hotel; and (2) used for the storage and dispensing of food or beverage (alcoholic or nonalcoholic). (b) The holder of a retailer's permit that is issued…

Sec. 24. (a) This section does not affect the requirements necessary to obtain a permit to sell alcoholic beverages on the premises of a licensed premises. (b) The commission may designate a licensed permit premises used exclusively for catered events as a catering hall. (c) Cate…

Sec. 24.4. (a) This section applies only to malls. (b) As used in this section, "mall" means a retail shopping center that has the following characteristics: (1) The center consists of an area that: (A) has been redeveloped or renovated in part with grants from the federal, state…

Sec. 25. (a) This section applies only to a city market. (b) As used in this section, "city market" means a marketplace where spaces are leased for a valuable consideration for the purpose of selling and displaying for sale to the general public items or products approved by the …

Sec. 26. (a) The commission may issue a one-way, two-way, or three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the owner of an indoor theater that: (1) is located in a city having a population of more than one hundred fifty thous…

Sec. 27. (a) This section applies to the premises of a restaurant. (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee…

Sec. 28. A retailer permittee may sell or dispense alcoholic beverages for on-premises consumption only in an outdoor beer garden that: (1) has a bar; (2) is accessible only through the permit premises; and (3) is a defined area that is enclosed by: (A) the outside walls of the p…

Sec. 28.5. (a) This section applies to the premises of a: (1) civic center permit; or (2) retailer's permit that operates as a recreational facility offering bowling, arcade games, and outside volleyball courts or other outside recreational games on the licensed premises. (b) In …

Sec. 29. (a) As used in this section, "food hall" means the premises: (1) located within a retail shopping and food service district; and (2) to which a master permit is issued under this section. (b) As used in this section, "master permit" means a food hall master permit issued…

Sec. 3. Clubs Outside Corporate Limits. The commission may issue the appropriate permit upon the application of a club whose premises to be licensed are situated outside the corporate limits of an incorporated city or town if the club meets the following additional requirements: …

Sec. 30. (a) The definitions in section 29 of this chapter apply to this section. (b) As used in this section, "vendor's permit" means a food hall vendor's permit issued to an individual vendor operating within the premises of a food hall for which a master permit is issued under…

Sec. 31. (a) This section applies to the holder of a vendor's permit that owns in whole or in part: (1) a retailer's permit described in section 30(c) of this chapter; and (2) one (1) of the following: (A) A brewer's permit described in IC 7.1-3-2-7(5). (B) A farm winery permit d…

Sec. 4. Clubs Outside Corporate Limits: Exception. A club which has been in continuous existence for at least three (3) years and which has been formed for social, athletic, or outdoor exercise purposes, and which has been well known during that period of time and which either th…

Sec. 5. Clubs: Two Locations. If a club is eligible to be issued a permit for premises situated within a city or town, or outside of the corporate limits of a city or town, one (1) permit may be issued to the club for an establishment located outside of the corporate limits of a …

Sec. 6. In order to be considered a "member of a club" within the meaning of this title, a person must meet the following qualifications: (1) The person must have become a member either as a charter member or by admission in accordance with the articles of incorporation, constitu…

Sec. 7. (a) As used in this title and to be eligible to receive the appropriate permit, "fraternal club" means an association or corporation whose membership is comprised of or forms: (1) a lodge or local chapter or corresponding unit of a fraternal order or of another associatio…

Sec. 8. The commission shall require the enactment of an enabling ordinance as provided in IC 7.1-3-9, before issuing a new liquor retailer's permit to a club in a city or town that has a population of less than five thousand (5,000). This section shall not apply to the renewal o…

Sec. 8.5. (a) As used in this section, "discriminatory practice" means a refusal to provide equal access to and use of services or facilities on the basis of a person's race or color. However, the term does not include a practice of a club or fraternal club that requires a specif…

Sec. 8.6. The holder of a club permit may do the following: (1) Designate one (1) or more days each calendar month as guest days, not to exceed a total of seven (7) guest days in any calendar month. (2) Keep a record of all designated guest days. (3) Invite guests who are not mem…

Sec. 9. Restaurants: General Requirements. In order to be considered a "restaurant" within the meaning of this title and to be eligible to receive an appropriate restaurant permit under this title, an establishment shall meet the following requirements: (a) It shall be provided w…

Sec. 9.5. (a) This section applies only to a retailer's permit for a restaurant. (b) This section does not apply to a retailer's permit that is issued or transferred to the following: (1) A city market under IC 7.1-3-20-25. (2) A marina under IC 7.1-3-1-25. (3) A state park under…

Sec. 9.6. (a) This section applies only to a restaurant that has a wine retailer's permit, regardless of whether the permittee sells alcoholic beverages for carryout. (b) A restaurant that has a wine retailer's permit may allow a patron to remove one (1) unsealed bottle of wine f…