CHAPTER 20. CLUBS, RESTAURANTS, AND HOTELS
IC 7.1-3-20
Chapter 20. Clubs, Restaurants, and Hotels
IC 7.1-3-20-1
Clubs; general requirements
Sec. 1. Clubs: General Requirements. In order to be considered a"club" within the meaning of this title and to be eligible to receive anappropriate club permit under this title, an association or corporationshall meet the following requirements:
(a) It shall have been organized in good faith under authority oflaw;
(b) It shall have been in active, continuous existence for at leastthree (3) years prior to the date the application for the permit is filed;
(c) It shall have maintained, in good faith, a membership roll forthe three (3) year period;
(d) It shall have a paid-up membership of more than fifty (50)members at the time the application is filed;
(e) It shall be the owner, lessee, or occupant of an establishmentoperated solely for objects of a national, social, patriotic, political,or athletic nature, or the like;
(f) It shall not be operated for pecuniary gain;
(g) The property and the advantages of the organization shallbelong to its members; and,
(h) It shall maintain an establishment provided with special spaceand accomodations where, in consideration of payment, food, withor without lodging, is habitually served.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-2
Clubs within corporate limits
Sec. 2. The commission may issue the appropriate permit upon theapplication of a club if the premises to be licensed are situated withinthe corporate limits of a city or town.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.1.) Asamended by Acts 1977, P.L.95, SEC.1; P.L.52-1992, SEC.8.
IC 7.1-3-20-2.5
Sunday sales; applicability; on-premises consumption
Sec. 2.5. (a) This section applies to each holder of a permit issuedunder section 2, 3, or 4 of this chapter.
(b) A permit holder may sell alcoholic beverages under the termsof the permit on any twelve (12) Sundays during a calendar year.
(c) Sales under this section may be made only for on-premisesconsumption.
As added by P.L.52-1992, SEC.9. Amended by P.L.224-2005,SEC.13.
IC 7.1-3-20-3
Clubs outside corporate limits
Sec. 3. Clubs Outside Corporate Limits. The commission may
issue the appropriate permit upon the application of a club whosepremises to be licensed are situated outside the corporate limits of anincorporated city or town if the club meets the following additionalrequirements:
(a) The club has been duly organized for social, athletic, oroutdoor exercise purposes;
(b) The club requires and receives an annual membership fee ofat least six dollars ($6.00);
(c) The club has an investment of not less than five thousanddollars ($5,000), in addition to investment in buildings, in groundsor fields especially prepared for athletic or physical exercise;
(d) The grounds or fields have been especially prepared for usefor a period of at least six (6) months prior to the filing of theapplication for the permit; and,
(e) The grounds or fields have been patronized and used regularlyduring seasonable weather for physical exercise.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-4
Clubs outside corporate limits; exception
Sec. 4. Clubs Outside Corporate Limits: Exception. A club whichhas been in continuous existence for at least three (3) years andwhich has been formed for social, athletic, or outdoor exercisepurposes, and which has been well known during that period of timeand which either through the financial records which it has preservedor through the financial or other institutions with which it has dealt,can show that it has been in continuous active operation for the three(3) year period, and which has acquired by lease or ownership orother kind of substantial control an establishment outside thecorporate limits of a city or town and which is of such respectabilityand probable permanence as to warrant the issuance of anappropriate permit, may be eligible, although it does not have thenecessary qualifications, other than those contained in this section,to be granted a retailer's permit at the establishment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-5
Clubs; two locations
Sec. 5. Clubs: Two Locations. If a club is eligible to be issued apermit for premises situated within a city or town, or outside of thecorporate limits of a city or town, one (1) permit may be issued to theclub for an establishment located outside of the corporate limits ofa city or town, and another appropriate permit may be issued to thesame club for an establishment located within the corporate limits ofa city or town. The commission shall charge a separate annuallicense fee for each location.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-6
Member of a club; qualifications Sec. 6. In order to be considered a "member of a club" within themeaning of this title, a person must meet the following qualifications:
(1) The person must have become a member either as a chartermember or by admission in accordance with the articles ofincorporation, constitution, and bylaws of the club.
(2) The person must maintain membership by the payment ofdues in the required manner.
(3) The person's name and address must be entered on themembership list which is supplied to the commission:
(A) the first time that the new or renewal application for theappropriate club permit is filed after the person becomes amember of the club; and
(B) with subsequent renewal applications that are filed afterthe person becomes a member of the club for as long as theperson remains a member.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.75-1996,SEC.1.
IC 7.1-3-20-7
Fraternal clubs; labor organizations
Sec. 7. (a) As used in this title and to be eligible to receive theappropriate permit, "fraternal club" means an association orcorporation the membership of that is comprised of or forms:
(1) a lodge or local chapter or corresponding unit of a fraternalorder or of another association of a like nature; or
(2) a body whose membership is comprised of persons whohave served in the armed forces of the United States;
and which has been in continual existence on a national scale formore than five (5) years prior to the date the application is filed.
(b) Fraternal clubs and labor organizations need not meet therequirements of section 1 of this chapter, but are considered clubs forall other purposes of this title.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.10.
IC 7.1-3-20-8
Club; enabling ordinance required
Sec. 8. The commission shall require the enactment of an enablingordinance as provided in IC 1971, 7.1-3-9, before issuing a newliquor retailer's permit to a club in a city or town that has apopulation of less than five thousand (5,000). This section shall notapply to the renewal of an existing permit nor shall it apply to afraternal club or a social club.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.32.
IC 7.1-3-20-8.5
Discriminatory practices
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 termdoes not include a practice of a club or fraternal club that requires aspecific religious affiliation or belief as a condition of membershipin the club or fraternal club.
(b) To be eligible to hold a club permit under this chapter, a club,fraternal club, or labor organization may not engage in adiscriminatory practice.
(c) A person may file a complaint with the civil rights commissionalleging a discriminatory practice by a club, fraternal club, or labororganization.
(d) The civil rights commission shall investigate the allegationsin the complaint and, if reasonable cause is found, shall hold ahearing under IC 22-9-1-6 on the complaint. If the civil rightscommission finds that a club, fraternal club, or labor organization hasengaged in a discriminatory practice, the civil rights commissionshall certify the finding to the alcohol and tobacco commission.
(e) If a club, fraternal club, or labor organization is found to haveengaged in a discriminatory practice, the commission shall do one (1)or more of the following:
(1) Issue a warning to the club, fraternal club, or labororganization.
(2) Impose a civil penalty on the club, fraternal club, or labororganization not to exceed one thousand dollars ($1,000).
(3) Suspend the club, fraternal club, or labor organization'spermit for not more than ninety (90) days.
(4) Not issue a new club permit under this chapter if the club,fraternal club, or labor organization does not hold a club permitunder this chapter.
(5) Revoke an existing club permit.
As added by P.L.66-1990, SEC.1. Amended by P.L.204-2001,SEC.33.
IC 7.1-3-20-8.6
Club guest day
Sec. 8.6. (a) The holder of a club permit may do the following:
(1) Designate one (1) day in each month as "guest day".
(2) Keep a record of all designated guest days.
(3) Invite guests who are not members of the club to attend theclub on a guest day.
(4) Sell or give alcoholic beverages to guests for consumptionon the permit premises on a guest day.
(5) Keep a guest book listing members and their nonmemberguests, except on a designated guest day.
(b) This subsection applies to a club that furnishes alcoholicbeverages on not more than two (2) days in each week.Notwithstanding subsection (a)(1), the holder of a club permit towhich this subsection applies may designate twenty-four (24) guestdays in each calendar year rather than one (1) guest day in eachmonth.
As added by P.L.52-1992, SEC.10. Amended by P.L.90-1993, SEC.1;
P.L.205-1999, SEC.16.
IC 7.1-3-20-9
Restaurants; general requirements
Sec. 9. Restaurants: General Requirements. In order to beconsidered a "restaurant" within the meaning of this title and to beeligible to receive an appropriate restaurant permit under this title, anestablishment shall meet the following requirements:
(a) It shall be provided with special space and accommodationswhere, in consideration of payment, food, without lodging, ishabitually furnished to travelers; and,
(b) It shall have accommodations at which at least twenty-five(25) persons may be served at one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-10
Restaurants within corporate limits
Sec. 10. Restaurants Within Corporate Limits. The commissionmay issue the appropriate permit upon the application of a restaurantif the premises to be licensed are situated within the corporate limitsof a city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-11
Restaurants; unincorporated town exception
Sec. 11. Restaurants: Unincorporated Town Exception. Thecommission may issue a beer retailer's permit to a restaurant if it islocated within an unincorporated town, or in close proximity to one,and if the establishment meets the requirements provided in IC 1971,7.1-3-20-9.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-11.5
Restaurants; small city provision
Sec. 11.5. (a) The commission may issue a three-way permit forthe sale of alcoholic beverages, for on-the-licensed-premisesconsumption only, to the proprietor of a restaurant which is locatedin a city or town that has a population of less than twenty thousand(20,000), if the applicant meets the following requirements:
(1) The establishment is the holder of a one-way or a two-waypermit.
(2) The establishment is qualified to hold a three-way permitbut for the provisions of IC 7.1-3-22-3.
(b) A permit that is issued under this section may be transferred.
(c) The annual license fee for a three-way retailer's permit issuedunder this section is the same as the fee for a three-way retailer'spermit issued under other provisions of this chapter. A person whoholds a three-way retailer's permit under this section is not requiredto pay an annual license fee for any one-way or two-way retailer'spermit that the person must hold to maintain eligibility for a
three-way retailer's permit under this section.
As added by Acts 1976, P.L.24, SEC.1. Amended by Acts 1981,P.L.44, SEC.3; P.L.91-1993, SEC.1; P.L.204-2001, SEC.34.
IC 7.1-3-20-12
Restaurants outside corporate limits
Sec. 12. The commission may issue a three-way permit for thesale of alcoholic beverages to the proprietor of a restaurant which islocated outside the corporate limits of an incorporated city or townif the restaurant meets the additional requirements:
(1) It shall be a table service restaurant in which a patron isseated at a table and is served by a waiter or waitress and thefood served is predominantly consumed on the premises.
(2) It shall be sufficiently served by adequate law enforcementat its premises.
(3) If it does business during seven (7) or more months of eachyear, it shall have had an annual gross food sales of at least onehundred thousand dollars ($100,000) for the three (3) yearsimmediately preceding its application for a permit unless thepermittee is the proprietor of a recreational facility such as agolf course, bowling center, or similar facility that has therecreational activity and not the sale of food and beverages asthe principal purpose or function of the person's business.
(4) If it does business during six (6) or fewer months of eachyear, it shall have had average monthly gross food sales of atleast eight thousand five hundred dollars ($8,500) for eachmonth it did business for the three (3) years immediatelypreceding its application for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.2.) Asamended by P.L.85-1985, SEC.11; P.L.106-1995, SEC.14;P.L.224-2005, SEC.14.
IC 7.1-3-20-13
New restaurants outside corporate limits
Sec. 13. (a) The commission may issue a three-way permit to theproprietor of a new restaurant which is located outside the corporatelimits of an incorporated city or town for the sale of alcoholicbeverages if:
(1) the applicant proves to the local board and the commissionthat a projection of his experience had for the first ninety (90)days of gross food sales at the location will exceed not less thantwo hundred thousand dollars ($200,000) in gross food sales bythe end of two (2) years from the date of his application; and
(2) the restaurant meets the additional requirements provided insection 12 of this chapter, other than the gross food salesrequirement.
(b) Notwithstanding subsection (a), the gross food salesrequirement under this section for an applicant who plans to dobusiness during six (6) or fewer months of each year is an average ofat least eight thousand five hundred dollars ($8,500) per month for
each full month that the applicant plans to do business.
(c) Notwithstanding subsections (a) and (b), the commission mayissue a permit for a new restaurant to sell alcoholic beverages at thetime of its opening if the applicant for this permit first executes averified certification to the commission stating that the anticipatedgross food sales are expected to exceed two hundred thousand dollars($200,000) during the first two (2) years of operation. Not more thanone hundred twenty (120) days after the opening of the newrestaurant, the applicant shall furnish to the commission a financialstatement showing the dollar amount of food sales made during thefirst ninety (90) days of operation. The commission may require thisfinancial statement to be audited by a certified public accountant. Ifthe food sales shown on the financial statement do not meet thestandards set forth in subsection (a), the commission may revoke thepermit.
(Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3.) Asamended by P.L.85-1985, SEC.12.
IC 7.1-3-20-13.5
Public restaurant at golf course or tennis club; gross food salesrequirement
Sec. 13.5. Notwithstanding sections 12 and 13 of this chapter,there is no annual or monthly gross food sales requirement to obtaina three-way permit for the sale of alcoholic beverages in a restaurantthat is:
(1) open to the general public; and
(2) located on:
(A) the grounds of a regulation size golf course that has atleast nine (9) holes; or
(B) the premises of a tennis club that has at least eight (8)regulation size tennis courts.
As added by P.L.64-1990, SEC.4. Amended by P.L.51-1994, SEC.8;P.L.76-1997, SEC.1; P.L.224-2005, SEC.15.
IC 7.1-3-20-13.6
"Clubhouse" defined; sale of alcoholic malt beverages; employees'or bartenders' permits
Sec. 13.6. (a) As used in this section, "clubhouse" means afacility:
(1) that is located on a golf course; and
(2) where alcoholic beverages are sold under a retailer's permitor a club permit issued by the commission.
(b) The holder of a retailer's permit or a club permit for the saleof alcoholic beverages at a clubhouse may, under the same permit,sell alcoholic malt beverages at a permanent, semipermanent, orportable structure or cart that meets the following requirements:
(1) Is on the same golf course premises as the clubhouse.
(2) Is within reasonable proximity of the clubhouse.
(3) Provides minimum food service.
(4) Has a floor plan or design that meets the following
requirements:
(A) Is on file with the commission.
(B) Has been approved by the commission.
(c) All employees of a permittee described in subsection (b), whoare involved in the furnishing, supplying, conveying, selling orserving of alcoholic beverages, shall have an employee's permit orbartender's permit, as applicable.
As added by P.L.87-1993, SEC.2.
IC 7.1-3-20-14
Restaurants outside corporate limits; nonrenewals
Sec. 14. (a) The commission shall not renew the permit of apermittee licensed under section 12 or 13 of this chapter upon theexpiration of the permit in the calendar year next succeeding acalendar year in which the permittee's gross food sales are less thanone hundred thousand dollars ($100,000), unless the permittee canestablish to the satisfaction of the local board and the commissionthat his projected gross food sales for the ensuing calendar year willexceed one hundred thousand dollars ($100,000).
(b) Notwithstanding subsection (a), the gross food salesrequirement under this section for a permittee who does businessduring six (6) or fewer months of each year is an average of at leasteight thousand five hundred dollars ($8,500) per month for each fullmonth that the permittee does business.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.13.
IC 7.1-3-20-15
Repealed
(Repealed by Acts 1975, P.L.72, SEC.4.)
IC 7.1-3-20-16
Airport restaurants; restaurants in certain economic developmentareas; redevelopment projects or districts, historic river vessels,cultural centers, historic districts
Sec. 16. (a) A permit that is authorized by this section may beissued without regard to the quota provisions of IC 7.1-3-22.
(b) The commission may issue a three-way permit to sell alcoholicbeverages for on-premises consumption only to an applicant who isthe proprietor, as owner or lessee, or both, of a restaurant facility inthe passenger terminal complex of a publicly owned airport. Apermit issued under this subsection shall not be transferred to alocation off the airport premises.
(c) The commission may issue a three-way, two-way, or one-waypermit to sell alcoholic beverages for on-premises consumption onlyto an applicant who is the proprietor, as owner or lessee, or both, ofa restaurant within a redevelopment project consisting of a buildingor group of buildings that:
(1) was formerly used as part of a union railway station;
(2) has been listed in or is within a district that has been listed
in the federal National Register of Historic Places maintainedpursuant to the National Historic Preservation Act of 1966, asamended; and
(3) has been redeveloped or renovated, with the redevelopmentor renovation being funded in part with grants from the federal,state, or local government.
A permit issued under this subsection shall not be transferred to alocation outside of the redevelopment project.
(d) The commission may issue a three-way, two-way, or one-waypermit to sell alcoholic beverages for on-premises consumption onlyto an applicant who is the proprietor, as owner or lessee, or both, ofa restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in partwith state and city money. A permit issued under this subsection maynot be transferred.
(e) The commission may issue a three-way, two-way, or one-waypermit to sell alcoholic beverages for on-premises consumption onlyto an applicant who is the proprietor, as owner or lessee, or both, ofa restaurant within a renovation project consisting of a building that:
(1) was formerly used as part of a passenger and freight railwaystation; and
(2) was built before 1900.
The permit authorized by this subsection may be issued withoutregard to the proximity provisions of IC 7.1-3-21-11.
(f) The commission may issue a three-way permit for the sale ofalcoholic beverages for on-premises consumption at a cultural centerfor the visual and performing arts to a town that:
(1) is located in a county having a population of more than fourhundred thousand (400,000) but less than seven hundredthousand (700,000); and
(2) has a population of more than twenty thousand (20,000) butless than twenty-three thousand (23,000).
(g) After June 30, 2005, the commission may issue not more thanten (10) new three-way, two-way, or one-way permits to sellalcoholic beverages for on-premises consumption to applicants, eachof whom must be the proprietor, as owner or lessee, or both, of arestaurant located within a district, or not more than five hundred(500) feet from a district, that meets the following requirements:
(1) The district has been listed in the National Register ofHistoric Places maintained under the National HistoricPreservation Act of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register ofHistoric Places is located within the district.
(4) A historic jail and sheriff's house listed on the NationalRegister of Historic Places is located within the district.
The legislative body of the municipality in which the district islocated shall recommend to the commission sites that are eligible to
be permit premises. The commission shall consider, but is notrequired to follow, the municipal legislative body's recommendationin issuing a permit under this subsection. An applicant is not eligiblefor a permit if, less than two (2) years before the date of theapplication, the applicant sold a retailer's permit that was subject toIC 7.1-3-22 and that was for premises located within the districtdescribed in this section or within five hundred (500) feet of thedistrict. A permit issued under this subsection shall not betransferred. The cost of an initial permit issued under this subsectionis six thousand dollars ($6,000).
(h) The commission may issue a three-way permit for the sale ofalcoholic beverages for on-premises consumption to an applicantwho will locate as the proprietor, as owner or lessee, or both, of arestaurant within an economic development area under IC 36-7-14 in:
(1) a town with a population of more than twenty thousand(20,000); or
(2) a city with a population of more than twenty-seven thousand(27,000) but less than twenty-seven thousand four hundred(27,400);
located in a county having a population of more than ninety thousand(90,000) but less than one hundred thousand (100,000). Thecommission may issue not more than five (5) licenses under thissection to premises within a municipality described in subdivision(1) and not more than five (5) licenses to premises within amunicipality described in subdivision (2). The commission shallconduct an auction of the permits under IC 7.1-3-22-9, except thatthe auction may be conducted at any time as determined by thecommission. Notwithstanding any other law, the minimum bid for aninitial license under this subsection is thirty-five thousand dollars($35,000), and the renewal fee for a license under this subsection isone thousand three hundred fifty dollars ($1,350). Before the districtexpires, a permit issued under this subsection may not be transferred.After the district expires, a permit issued under this subsection maybe renewed, and the ownership of the permit may be transferred, butthe permit may not be transferred from the permit premises.
(i) After June 30, 2006, the commission may issue not more thanfive (5) new three-way, two-way, or one-way permits to sellalcoholic beverages for on-premises consumption to applicants, eachof whom must be the proprietor, as owner or lessee, or both, of arestaurant located within a district, or not more than five hundred(500) feet from a district, that meets all of the followingrequirements:
(1) The district is within an economic development area, an areaneeding redevelopment, or a redevelopment district asestablished under IC 36-7-14.
(2) A unit of the National Park Service is partially locatedwithin the district.
(3) An international deep water seaport is located within thedistrict.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicantsold a retailers' permit that was subject to IC 7.1-3-22 and that wasfor premises located within the district described in this subsectionor within five hundred (500) feet of the district. A permit issuedunder this subsection may not be transferred. If the commissionissues five (5) new permits under this subsection, and a permit issuedunder this subsection is later revoked or is not renewed, thecommission may issue another new permit, as long as the totalnumber of active permits issued under this subsection does notexceed five (5) at any time. The commission shall conduct an auctionof the permits under IC 7.1-3-22-9, except that the auction may beconducted at any time as determined by the commission.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.85-1985,SEC.14; P.L.78-1986, SEC.6; P.L.103-1989, SEC.2; P.L.72-1991,SEC.2; P.L.12-1992, SEC.56; P.L.277-1993(ss), SEC.131;P.L.15-1994, SEC.6; P.L.170-2002, SEC.55; P.L.155-2005, SEC.1;P.L.214-2005, SEC.48; P.L.224-2005, SEC.16; P.L.1-2006,SEC.148; P.L.165-2006, SEC.27; P.L.10-2010, SEC.7.
IC 7.1-3-20-16.1
Municipal riverfront development project; alcoholic beveragepermit requirements
Sec. 16.1. (a) This section applies to a municipal riverfrontdevelopment project authorized under section 16(d) of this chapter.
(b) In order to qualify for a permit, an applicant must demonstratethat the municipal riverfront development project area where thepermit is to be located meets the following criteria:
(1) The project boundaries must border on at least one (1) sideof a river.
(2) The proposed permit premises may not be located morethan:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, whichever is greater. However, if the areaadjacent to the river is incapable of being developed becausethe area is in a floodplain, or for any other reason that preventsthe area from being developed, the distances described inclauses (A) and (B) are measured from the city blocks locatednearest to the river that are capable of being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment projectarea, an urban renewal area, or a redevelopment areaestablished under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district underIC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement districtdesignated under IC 36-7-13-12.1.
(4) The project must be funded in part with state and citymoney.
(5) The boundaries of the municipal riverfront development
project must be designated by ordinance or resolution by thelegislative body (as defined in IC 36-1-2-9(3) or IC 36-1-2-9(4))of the city in which the project is located.
(c) Proof of compliance with subsection (b) must consist of thefollowing documentation, which is required at the time the permitapplication is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfrontdevelopment project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the localgoverning body authorizing the municipal riverfrontdevelopment project.
(3) Detailed information concerning the expenditures of stateand city funds on the municipal riverfront development project.
(d) Notwithstanding subsection (b), the commission may issue apermit for premises, the location of which does not meet the criteriaof subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and section 16(d) ofthis chapter are satisfied.
(2) The proposed premises is located not more than:
(A) three thousand (3,000) feet; or
(B) six (6) blocks;
from the river, whichever is greater. However, if the areaadjacent to the river is incapable of being developed becausethe area is in a floodplain, or for any other reason that preventsthe area from being developed, the distances described inclauses (A) and (B) are measured from the city blocks locatednearest to the river that are capable of being developed.
(3) The permit applicant satisfies the criteria established by thecommission by rule adopted under IC 4-22-2. The criteriaestablished by the commission may require that the proposedpremises be located in an area or district set forth in subsection(b)(3).
(4) The permit premises may not be located less than twohundred (200) feet from facilities owned by a state educationalinstitution.
(e) A permit may not be issued if the proposed permit premises isthe location of an existing three-way permit subject to IC 7.1-3-22-3.
As added by P.L.72-2004, SEC.11. Amended by P.L.155-2005, SEC.2and P.L.214-2005, SEC.49; P.L.185-2005, SEC.2; P.L.1-2006,SEC.149; P.L.2-2007, SEC.131.
IC 7.1-3-20-16.5
Restaurants in historic places or districts; retailer's permits
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 proprietorof a restaurant that is located in a facility that is on the National
Register of Historic Places or that is located within the boundaries ofan historic district that is established by ordinance pursuant toIC 36-7-11-7.
As added by P.L.91-1993, SEC.2.
IC 7.1-3-20-17
Service bars
Sec. 17. Service Bars. (a) An establishment which is licensedunder the provisions of this article and which has a gross annualbusiness of at least one hundred thousand dollars ($100,000), ofwhich at least fifty percent (50%), is in the retail sale of food, mayhave, subject to the approval of the commission, a service bar whichis not in full, free and unobstructed view from a street or publichighway.
(b) An establishment shall qualify as to the gross annual businessprovision if the projection of the first ninety (90) days of business forthe establishment for one (1) year equals, or is greater than, onehundred thousand dollars ($100,000), in the proportions set forth insubsection (a), as shown by the books and records of theestablishment.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-18
Hotels; general requirements
Sec. 18. (a) In order to be considered a "hotel" within the meaningof this title and to be eligible to receive an appropriate hotel permitunder this title, an establishment shall meet the followingrequirements:
(1) It shall be provided with special space and accommodationswhere, in consideration of payment, food and lodging arehabitually furnished to travelers.
(2) It shall have at least twenty-five (25), adequately furnishedand completely separate sleeping rooms with adequate facilitiesunder one (1) continuous roof.
(3) It shall be so disposed that persons usually apply for andreceive overnight accommodations in it in the course of usualand regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customerseach day; or
(B) room in which continental breakfasts and hors d'oeuvresare served in areas designated as dining rooms.
(b) This subsection applies to a hotel that qualifies undersubsection (a)(4)(B). All laws and commission rules regarding legalserving for alcoholic beverages fully apply to the hotel. Rooms thatqualify under subsection (a)(4)(B) qualify as rooms underIC 7.1-5-7-11(a)(16). The commission may adopt rules underIC 4-22-2 concerning floor plans of the hotel.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.35.
IC 7.1-3-20-19
Hotels within corporate limits
Sec. 19. Hotels Within Corporate Limits. The commission mayissue the appropriate permit upon the application of a hotel if thepremises to be licensed are situated within the corporate limits of acity or town.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-20
Hotels outside corporate limits
Sec. 20. (a) The commission may issue a three-way permit to ahotel situated outside the corporate limits of an incorporated city ortown if the establishment meets the following requirements:
(1) It shall be provided with special space and accommodationswhere, in consideration of payment, food and lodging arehabitually furnished to travelers.
(2) It shall have at least twenty-five (25) adequately furnishedand completely separate sleeping rooms with adequate facilitiesunder one (1) roof.
(3) It shall be so disposed that persons usually apply for andreceive overnight accommodations in it in the course of usualand regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customerseach day; or
(B) room in which continental breakfasts and hors d'oeuvresare served in areas designated as dining rooms.
(5) It shall be sufficiently served by adequate law enforcementat its premises.
(b) This subsection applies to a hotel that qualifies undersubsection (a)(4)(B). All laws and commission rules regarding legalserving for alcoholic beverages fully apply to the hotel. Rooms thatqualify under subsection (a)(4)(B) qualify as rooms underIC 7.1-5-7-11(a)(16). The commission may adopt rules underIC 4-22-2 concerning floor plans of the hotel.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.36.
IC 7.1-3-20-21
Resort hotels
Sec. 21. (a) In order to be considered a "resort hotel" within themeaning of this title and to be eligible to receive an appropriateresort hotel permit under this title, an establishment shall meet thefollowing requirements:
(1) It shall be constantly patronized during a season of at leastthree (3) months.
(2) It shall have improvements of a least five thousand dollars($5,000), in value, on the premises.
(3) It shall have at least twenty-five (25), adequately furnishedand completely separate sleeping rooms, exclusive of any
basement rooms, with adequate facilities.
(4) It shall be so disposed that persons usually apply for andreceive overnight accommodations in it.
(5) It shall have either a:
(A) regular dining room frequented by customers each dayduring which the resort hotel is open to the public; or
(B) room in which continental breakfasts and hors d'oeuvresare served in areas designated as dining rooms.
(6) It shall be located on one (1) premises.
(7) It shall be operated by one (1) person, or under one (1)management.
(8) It shall be a permanent structure of at least two (2) stories,exclusive of the basement.
(9) It shall be reasonably fire-proof.
(10) It shall be sufficiently responsible to discharge all of itsobligations under the law to its guests and it shall have kept aregister of its guests.
(11) It shall have been in active operation for a period of three(3) years immediately prior to the filing of the application fora permit.
(b) This subsection applies to a hotel that qualifies undersubsection (a)(5)(B). All laws and commission rules regarding legalserving for alcoholic beverages fully apply to the hotel. Rooms thatqualify under subsection (a)(5)(B) qualify as rooms underIC 7.1-5-7-11(a)(16). The commission may adopt rules underIC 4-22-2 concerning floor plans of the hotel.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.204-2001,SEC.37.
IC 7.1-3-20-22
Resort hotels; seasonal permits
Sec. 22. Resort Hotels: Seasonal Permits. The commission maygrant a seasonal permit to a resort hotel upon the application of itsowner or manager if he possesses the same qualifications that arerequired for the issuance of corresponding permits to otherapplicants. The seasonal permit shall entitle the permittee to sellbeer, liquor, or wine, from the fifteenth day of April to the fifteenthday of October, both dates inclusive.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-23
Hotels; in-room vending units
Sec. 23. (a) As used in this section, "in-room vending unit" meansa 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 to a hotel maydispense alcoholic beverages in individual portions to registeredhotel guests through in-room vending units. (c) Access to the interior of an in-room vending unit must be:
(1) restricted by a locking device, the opening of which requiresuse of a key, magnetic card, or similar device; or
(2) controlled at all times by the holder of a retailer's permit thatis issued to a hotel.
(d) Alcoholic beverages may be dispensed through in-roomvending units only:
(1) on days and at times when the sale of alcoholic beverages ispermitted under this title; and
(2) to persons who are permitted to purchase alcoholicbeverages under this title.
(e) A permittee to whom this section applies may provide a key,magnetic card, or similar device required to gain access to theinterior of an in-room vending unit only to a person who is:
(1) a registered hotel guest; and
(2) twenty-one (21) years of age or older.
(f) In order to prevent the illegal furnishing of an alcoholicbeverage to a minor, a permittee to whom this section applies shalldetermine that the registered hotel guest is not a minor (as defined inIC 7.1-1-3-25) prior to providing a key, magnetic card, or similardevice required to gain access to the interior of an in-room vendingunit to that registered hotel guest.
(g) Each employee of a permittee to whom this section applieswho handles alcoholic beverages for dispensing through an in-roomvending unit must be twenty-one (21) years of age or older and holdan employee's permit issued by the commission under IC 7.1-3-18-9.
As added by P.L.102-1989, SEC.3. Amended by P.L.1-1990, SEC.88.
IC 7.1-3-20-24
Licensed permit premises used exclusively as catering hall
Sec. 24. (a) This section does not affect the requirementsnecessary to obtain a permit to sell alcoholic beverages on thepremises of a licensed premises.
(b) The commission may designate a licensed permit premisesused exclusively for catered events as a catering hall.
(c) Catering halls designated under this section are not requiredto be open to the general public. However, if a designated cateringhall desires to host an event that is open to the general public, thecatering hall shall comply with the notice requirement underIC 7.1-3-9.5-2. A catering hall with a special three-way catering hallpermit under subsection (d) may not be open to the general public.
(d) The commission may issue a special three-way catering hallpermit to an applicant to sell alcoholic beverages for on premisesconsumption on a premises that:
(1) is used only for private catered events as a catering hall; and
(2) has accommodations for at least two hundred fifty (250)individuals.
An applicant who is issued a permit under this subsection is notrequired to obtain a restaurant permit.
(e) A permit authorized by subsection (d) may be issued without
regard to the quota provisions of IC 7.1-3-22.
(f) The commission shall adopt rules under IC 4-22-2 toimplement this section.
As added by P.L.51-1994, SEC.9. Amended by P.L.136-2000, SEC.3.
IC 7.1-3-20-24.4
Malls
Sec. 24.4. (a) This section applies only to malls.
(b) As used in this section, "mall" means a retail shopping centerthat has the following characteristics:
(1) The center consists of an area that:
(A) has been redeveloped or renovated in part with grantsfrom the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius ofthe center of a consolidated city.
(2) The center consists of a building or group of buildings that:
(A) contains more than twenty-five (25) retailers; and
(B) is constructed in a manner so that the buildings or retaillocations can be accessed without going outside the center.
(c) The commission may issue a three-way permit to sell alcoholicbeverages for on-premises consumption only to an applicant who isthe proprietor, as owner or lessee, or both, of retail space within amall. The permit may be a single permit even though more than one(1) area constitutes the licensed premises under the permit.
(d) A permit authorized by this section may be issued withoutregard to the proximity provisions of IC 7.1-3-21-11 or the quotaprovisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to alocation outside the mall.
As added by P.L.15-1994, SEC.7.
IC 7.1-3-20-25
City markets
Sec. 25. (a) This section applies only to a city market.
(b) As used in this section, "city market" means a marketplacewhere spaces are leased for a valuable consideration for the purposeof selling and displaying for sale to the general public items orproducts approved by the City Market Corporation and that has thefollowing characteristics:
(1) The market consists of an area that:
(A) has been redeveloped or renovated in part with grantsfrom the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius ofthe center of a consolidated city.
(2) The market consists of a building or group of buildings that:
(A) contains more than ten (10) retailers; and
(B) is constructed in a manner so that the buildings or retaillocations can be accessed without going outside the market.
(c) The commission may issue a three-way permit to sell alcoholicbeverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within acity market. The permit may be a single permit even though morethan one (1) area constitutes the licensed premises under the permit.
(d) A permit authorized by this section may be issued withoutregard to the proximity provisions of IC 7.1-3-21-11 or the quotaprovisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to alocation outside the city market.
As added by P.L.15-1994, SEC.8.
IC 7.1-3-20-26
Permit for historic theater
Sec. 26. (a) The commission may issue a one-way, two-way, orthree-way permit to sell alcoholic beverages for on-premisesconsumption only to an applicant who is the owner of an indoortheater that:
(1) is located in a city having a population of more than twohundred thousand (200,000) but less than three hundredthousand (300,000); and
(2) has been listed in the National Register of Historic Placesmaintained under the National Historic Preservation Act of1966, as amended. A permit issued under this subsection maynot be transferred.
(b) A permit issued under this section is subject to the quotarequirements of IC 7.1-3-22-3.
As added by P.L.10-2010, SEC.8.