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 an
appropriate club permit under this title, an association or corporation
shall meet the following requirements:
(a) It shall have been organized in good faith under authority of
law;
(b) It shall have been in active, continuous existence for at least
three (3) years prior to the date the application for the permit is filed;
(c) It shall have maintained, in good faith, a membership roll for
the 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 establishment
operated 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 shall
belong to its members; and,
(h) It shall maintain an establishment provided with special space
and accomodations where, in consideration of payment, food, with
or 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 the
application of a club if the premises to be licensed are situated within
the corporate limits of a city or town. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.1.) As
amended 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 issued
under section 2, 3, or 4 of this chapter.
(b) A permit holder may sell alcoholic beverages under the terms
of the permit on any twelve (12) Sundays during a calendar year.
(c) Sales under this section may be made only for on-premises
consumption. 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 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:
(a) The club has been duly organized for social, athletic, or
outdoor exercise purposes;
(b) The club requires and receives an annual membership fee of
at least six dollars ($6.00);
(c) The club has an investment of not less than five thousand
dollars ($5,000), in addition to investment in buildings, in grounds
or fields especially prepared for athletic or physical exercise;
(d) The grounds or fields have been especially prepared for use
for a period of at least six (6) months prior to the filing of the
application for the permit; and,
(e) The grounds or fields have been patronized and used regularly
during 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 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 through the financial records which it has preserved
or 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 or
other kind of substantial control an establishment outside the
corporate limits of a city or town and which is of such respectability
and probable permanence as to warrant the issuance of an
appropriate permit, may be eligible, although it does not have the
necessary 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 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 city or town, and another appropriate permit may be issued to the
same club for an establishment located within the corporate limits of
a city or town. The commission shall charge a separate annual
license 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 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, constitution, and bylaws of the club.
(2) The person must maintain membership by the payment of
dues in the required manner.
(3) The person's name and address must be entered on the
membership list which is supplied to the commission:
(A) the first time that the new or renewal application for the
appropriate club permit is filed after the person becomes a
member of the club; and
(B) with subsequent renewal applications that are filed after
the person becomes a member of the club for as long as the
person 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 the
appropriate permit, "fraternal club" means an association or
corporation the membership of that is comprised of or forms:
(1) a lodge or local chapter or corresponding unit of a fraternal
order or of another association of a like nature; or
(2) a body whose membership is comprised of persons who
have served in the armed forces of the United States;
and which has been in continual existence on a national scale for
more than five (5) years prior to the date the application is filed.
(b) Fraternal clubs and labor organizations need not meet the
requirements of section 1 of this chapter, but are considered clubs for
all 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 enabling
ordinance as provided in IC 1971, 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 of an existing permit nor shall it apply to a
fraternal 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 term
does not include a practice of a club or fraternal club that requires a
specific religious affiliation or belief as a condition of membership
in 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 a
discriminatory practice.
(c) A person may file a complaint with the civil rights commission
alleging a discriminatory practice by a club, fraternal club, or labor
organization.
(d) The civil rights commission shall investigate the allegations
in the complaint and, if reasonable cause is found, shall hold a
hearing under IC 22-9-1-6 on the complaint. If the civil rights
commission finds that a club, fraternal club, or labor organization has
engaged in a discriminatory practice, the civil rights commission
shall certify the finding to the alcohol and tobacco commission.
(e) If a club, fraternal club, or labor organization is found to have
engaged 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 labor
organization.
(2) Impose a civil penalty on the club, fraternal club, or labor
organization not to exceed one thousand dollars ($1,000).
(3) Suspend the club, fraternal club, or labor organization's
permit 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 permit
under 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 the
club on a guest day.
(4) Sell or give alcoholic beverages to guests for consumption
on the permit premises on a guest day.
(5) Keep a guest book listing members and their nonmember
guests, except on a designated guest day.
(b) This subsection applies to a club that furnishes alcoholic
beverages on not more than two (2) days in each week.
Notwithstanding subsection (a)(1), the holder of a club permit to
which this subsection applies may designate twenty-four (24) guest
days in each calendar year rather than one (1) guest day in each
month. 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 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 with special space and accommodations
where, in consideration of payment, food, without lodging, is
habitually 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 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. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-11 Restaurants; unincorporated town exception
Sec. 11. Restaurants: Unincorporated Town Exception. 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 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 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 thousand
(20,000), if the applicant meets the following requirements:
(1) The establishment is the holder of a one-way or a two-way
permit.
(2) The establishment is qualified to hold a three-way permit
but 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 issued
under this section is the same as the fee for a three-way retailer's
permit issued under other provisions of this chapter. A person who
holds a three-way retailer's permit under this section is not required
to pay an annual license fee for any one-way or two-way retailer's
permit 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 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 service restaurant in which a patron is
seated at a table and is served by a waiter or waitress and the
food served is predominantly consumed on the premises.
(2) It shall be sufficiently served by adequate law enforcement
at its premises.
(3) If it does business during seven (7) or more months of each
year, it shall have had an annual gross food sales of at least one
hundred thousand dollars ($100,000) for the three (3) years
immediately preceding its application for a permit unless the
permittee is the proprietor of a recreational facility such as a
golf course, bowling center, or similar facility that has the
recreational activity and not the sale of food and beverages as
the principal purpose or function of the person's business.
(4) If it does business during six (6) or fewer months of each
year, it shall have had average monthly gross food sales of at
least eight thousand five hundred dollars ($8,500) for each
month it did business for the three (3) years immediately
preceding its application for a permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.2.) As
amended 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 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 a projection of his experience had for the first ninety (90)
days of gross food sales at the location will exceed not less than
two hundred thousand dollars ($200,000) in gross food sales by
the end of two (2) years from the date of his application; and
(2) the restaurant meets the additional requirements provided in
section 12 of this chapter, other than the gross food sales
requirement.
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for an applicant who plans to do
business during six (6) or fewer months of each year is an average of
at 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 may
issue a permit for a new restaurant to sell alcoholic beverages at the
time of its opening if the applicant for this permit first executes a
verified certification to the commission stating that the anticipated
gross food sales are expected to exceed two hundred thousand dollars
($200,000) during the first two (2) years of operation. Not more than
one hundred twenty (120) days after the opening of the new
restaurant, the applicant shall furnish to the commission a financial
statement showing the dollar amount of food sales made during the
first ninety (90) days of operation. The commission may require this
financial statement to be audited by a certified public accountant. If
the food sales shown on the financial statement do not meet the
standards set forth in subsection (a), the commission may revoke the
permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3.) As
amended by P.L.85-1985, SEC.12.
IC 7.1-3-20-13.5 Public restaurant at golf course or tennis club; gross food sales
requirement
Sec. 13.5. Notwithstanding sections 12 and 13 of this chapter,
there is no annual or monthly gross food sales requirement to obtain
a three-way permit for the sale of alcoholic beverages in a restaurant
that is:
(1) open to the general public; and
(2) located on:
(A) the grounds of a regulation size golf course that has at
least 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 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 the sale
of alcoholic beverages at a clubhouse may, under the same permit,
sell alcoholic malt beverages at a permanent, semipermanent, or
portable 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), who
are involved in the furnishing, supplying, conveying, selling or
serving of alcoholic beverages, shall have an employee's permit or
bartender'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 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 thousand dollars ($100,000), unless the permittee can
establish to the satisfaction of the local board and the commission
that his projected gross food sales for the ensuing calendar year will
exceed one hundred thousand dollars ($100,000).
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for a permittee who does business
during six (6) or fewer months of each year is an average of at least
eight thousand five hundred dollars ($8,500) per month for each full
month 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 development
areas; redevelopment projects or districts, historic river vessels,
cultural centers, historic districts
Sec. 16. (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) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of a restaurant facility in
the passenger terminal complex of a publicly owned airport. A
permit issued under this subsection shall not be transferred to a
location off the airport premises.
(c) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a redevelopment project consisting of a building
or 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 maintained
pursuant to the National Historic Preservation Act of 1966, as
amended; and
(3) has been redeveloped or renovated, with the redevelopment
or 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 a
location outside of the redevelopment project.
(d) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in part
with state and city money. A permit issued under this subsection may
not be transferred.
(e) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a renovation project consisting of a building that:
(1) was formerly used as part of a passenger and freight railway
station; and
(2) was built before 1900.
The permit authorized by this subsection may be issued without
regard to the proximity provisions of IC 7.1-3-21-11.
(f) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption at a cultural center
for the visual and performing arts to a town that:
(1) is located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000); and
(2) has a population of more than twenty thousand (20,000) but
less than twenty-three thousand (23,000).
(g) After June 30, 2005, the commission may issue not more than
ten (10) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant 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 of
Historic Places maintained under the National Historic
Preservation Act of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
The legislative body of the municipality in which the district is
located shall recommend to the commission sites that are eligible to
be permit premises. The commission shall consider, but is not
required to follow, the municipal legislative body's recommendation
in issuing a permit under this subsection. An applicant is not eligible
for a permit if, less than two (2) years before the date of the
application, the applicant sold a retailer's permit that was subject to
IC 7.1-3-22 and that was for premises located within the district
described in this section or within five hundred (500) feet of the
district. A permit issued under this subsection shall not be
transferred. The cost of an initial permit issued under this subsection
is six thousand dollars ($6,000).
(h) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption to an applicant
who will locate as the proprietor, as owner or lessee, or both, of a
restaurant 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). The
commission may issue not more than five (5) licenses under this
section to premises within a municipality described in subdivision
(1) and not more than five (5) licenses to premises within a
municipality described in subdivision (2). The commission shall
conduct an auction of the permits under IC 7.1-3-22-9, except that
the auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial license under this subsection is thirty-five thousand dollars
($35,000), and the renewal fee for a license under this subsection is
one thousand three hundred fifty dollars ($1,350). Before the district
expires, a permit issued under this subsection may not be transferred.
After the district expires, a permit issued under this subsection may
be renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(i) After June 30, 2006, the commission may issue not more than
five (5) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant located within a district, or not more than five hundred
(500) feet from a district, that meets all of the following
requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as
established under IC 36-7-14.
(2) A unit of the National Park Service is partially located
within the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant
sold a retailers' permit that was subject to IC 7.1-3-22 and that was
for premises located within the district described in this subsection
or within five hundred (500) feet of the district. A permit issued
under this subsection may not be transferred. If the commission
issues five (5) new permits under this subsection, and a permit issued
under this subsection is later revoked or is not renewed, the
commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not
exceed five (5) at any time. The commission shall conduct an auction
of the permits under IC 7.1-3-22-9, except that the auction may be
conducted 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 beverage
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 the
permit is to be located meets the following criteria:
(1) The project boundaries must border on at least one (1) side
of a river.
(2) The proposed permit premises may not be located more
than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, whichever is greater. However, if the area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment project
area, an urban renewal area, or a redevelopment area
established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district under
IC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement district
designated under IC 36-7-13-12.1.
(4) The project must be funded in part with state and city
money.
(5) The boundaries of the municipal riverfront development
project must be designated by ordinance or resolution by the
legislative 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 the
following documentation, which is required at the time the permit
application is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfront
development project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the local
governing body authorizing the municipal riverfront
development project.
(3) Detailed information concerning the expenditures of state
and city funds on the municipal riverfront development project.
(d) Notwithstanding subsection (b), the commission may issue a
permit for premises, the location of which does not meet the criteria
of subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and section 16(d) of
this 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 area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit applicant satisfies the criteria established by the
commission by rule adopted under IC 4-22-2. The criteria
established by the commission may require that the proposed
premises be located in an area or district set forth in subsection
(b)(3).
(4) The permit premises may not be located less than two
hundred (200) feet from facilities owned by a state educational
institution.
(e) A permit may not be issued if the proposed permit premises is
the 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.2
and 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 proprietor
of a restaurant that is located in a facility that is on the National
Register of Historic Places or that is located within the boundaries of
an historic district that is established by ordinance pursuant to
IC 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 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 the approval of the commission, a service bar which
is not in full, free and unobstructed view from a street or public
highway.
(b) An establishment shall qualify as to the gross annual business
provision if the projection of the first ninety (90) days of business for
the establishment for one (1) year equals, or is greater than, one
hundred thousand dollars ($100,000), in the proportions set forth in
subsection (a), as shown by the books and records of the
establishment. (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 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
where, in consideration of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25), adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) continuous roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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. (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 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 of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25) adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(5) It shall be sufficiently served by adequate law enforcement
at its premises.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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 season of at least
three (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 furnished
and completely separate sleeping rooms, exclusive of any
basement rooms, with adequate facilities.
(4) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it.
(5) It shall have either a:
(A) regular dining room frequented by customers each day
during which the resort hotel is open to the public; or
(B) room in which continental breakfasts and hors d'oeuvres
are 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 its
obligations under the law to its guests and it shall have kept a
register 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 for
a permit.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(5)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(5)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 may
grant a seasonal permit to a resort hotel upon the application of its
owner or manager if he possesses the same qualifications that are
required for the issuance of corresponding permits to other
applicants. The seasonal permit shall entitle the permittee to sell
beer, liquor, or wine, from the fifteenth day of April to the fifteenth
day 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" 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 to a hotel may
dispense alcoholic beverages in individual portions to registered
hotel 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 requires
use of a key, magnetic card, or similar device; or
(2) controlled at all times by the holder of a retailer's permit that
is issued to a hotel.
(d) Alcoholic beverages may be dispensed through in-room
vending units only:
(1) on days and at times when the sale of alcoholic beverages is
permitted under this title; and
(2) to persons who are permitted to purchase alcoholic
beverages 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 the
interior 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 alcoholic
beverage to a minor, a permittee to whom this section applies shall
determine that the registered hotel guest is not a minor (as defined in
IC 7.1-1-3-25) prior to providing a key, magnetic card, or similar
device required to gain access to the interior of an in-room vending
unit to that registered hotel guest.
(g) Each employee of a permittee to whom this section applies
who handles alcoholic beverages for dispensing through an in-room
vending unit must be twenty-one (21) years of age or older and hold
an 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 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) Catering halls designated under this section are not required
to be open to the general public. However, if a designated catering
hall desires to host an event that is open to the general public, the
catering hall shall comply with the notice requirement under
IC 7.1-3-9.5-2. A catering hall with a special three-way catering hall
permit under subsection (d) may not be open to the general public.
(d) The commission may issue a special three-way catering hall
permit to an applicant to sell alcoholic beverages for on premises
consumption 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 not
required 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 to
implement 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 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, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the center.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
mall. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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 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 City Market Corporation and that has the
following characteristics:
(1) The market consists of an area that:
(A) has been redeveloped or renovated in part with grants
from the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the market.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
city market. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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, 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 two
hundred thousand (200,000) but less than three hundred
thousand (300,000); and
(2) has been listed in the National Register of Historic Places
maintained under the National Historic Preservation Act of
1966, as amended. A permit issued under this subsection may
not be transferred.
(b) A permit issued under this section is subject to the quota
requirements of IC 7.1-3-22-3. As added by P.L.10-2010, SEC.8.
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 an
appropriate club permit under this title, an association or corporation
shall meet the following requirements:
(a) It shall have been organized in good faith under authority of
law;
(b) It shall have been in active, continuous existence for at least
three (3) years prior to the date the application for the permit is filed;
(c) It shall have maintained, in good faith, a membership roll for
the 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 establishment
operated 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 shall
belong to its members; and,
(h) It shall maintain an establishment provided with special space
and accomodations where, in consideration of payment, food, with
or 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 the
application of a club if the premises to be licensed are situated within
the corporate limits of a city or town. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.1.) As
amended 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 issued
under section 2, 3, or 4 of this chapter.
(b) A permit holder may sell alcoholic beverages under the terms
of the permit on any twelve (12) Sundays during a calendar year.
(c) Sales under this section may be made only for on-premises
consumption. 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 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:
(a) The club has been duly organized for social, athletic, or
outdoor exercise purposes;
(b) The club requires and receives an annual membership fee of
at least six dollars ($6.00);
(c) The club has an investment of not less than five thousand
dollars ($5,000), in addition to investment in buildings, in grounds
or fields especially prepared for athletic or physical exercise;
(d) The grounds or fields have been especially prepared for use
for a period of at least six (6) months prior to the filing of the
application for the permit; and,
(e) The grounds or fields have been patronized and used regularly
during 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 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 through the financial records which it has preserved
or 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 or
other kind of substantial control an establishment outside the
corporate limits of a city or town and which is of such respectability
and probable permanence as to warrant the issuance of an
appropriate permit, may be eligible, although it does not have the
necessary 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 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 city or town, and another appropriate permit may be issued to the
same club for an establishment located within the corporate limits of
a city or town. The commission shall charge a separate annual
license 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 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, constitution, and bylaws of the club.
(2) The person must maintain membership by the payment of
dues in the required manner.
(3) The person's name and address must be entered on the
membership list which is supplied to the commission:
(A) the first time that the new or renewal application for the
appropriate club permit is filed after the person becomes a
member of the club; and
(B) with subsequent renewal applications that are filed after
the person becomes a member of the club for as long as the
person 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 the
appropriate permit, "fraternal club" means an association or
corporation the membership of that is comprised of or forms:
(1) a lodge or local chapter or corresponding unit of a fraternal
order or of another association of a like nature; or
(2) a body whose membership is comprised of persons who
have served in the armed forces of the United States;
and which has been in continual existence on a national scale for
more than five (5) years prior to the date the application is filed.
(b) Fraternal clubs and labor organizations need not meet the
requirements of section 1 of this chapter, but are considered clubs for
all 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 enabling
ordinance as provided in IC 1971, 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 of an existing permit nor shall it apply to a
fraternal 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 term
does not include a practice of a club or fraternal club that requires a
specific religious affiliation or belief as a condition of membership
in 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 a
discriminatory practice.
(c) A person may file a complaint with the civil rights commission
alleging a discriminatory practice by a club, fraternal club, or labor
organization.
(d) The civil rights commission shall investigate the allegations
in the complaint and, if reasonable cause is found, shall hold a
hearing under IC 22-9-1-6 on the complaint. If the civil rights
commission finds that a club, fraternal club, or labor organization has
engaged in a discriminatory practice, the civil rights commission
shall certify the finding to the alcohol and tobacco commission.
(e) If a club, fraternal club, or labor organization is found to have
engaged 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 labor
organization.
(2) Impose a civil penalty on the club, fraternal club, or labor
organization not to exceed one thousand dollars ($1,000).
(3) Suspend the club, fraternal club, or labor organization's
permit 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 permit
under 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 the
club on a guest day.
(4) Sell or give alcoholic beverages to guests for consumption
on the permit premises on a guest day.
(5) Keep a guest book listing members and their nonmember
guests, except on a designated guest day.
(b) This subsection applies to a club that furnishes alcoholic
beverages on not more than two (2) days in each week.
Notwithstanding subsection (a)(1), the holder of a club permit to
which this subsection applies may designate twenty-four (24) guest
days in each calendar year rather than one (1) guest day in each
month. 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 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 with special space and accommodations
where, in consideration of payment, food, without lodging, is
habitually 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 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. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-11 Restaurants; unincorporated town exception
Sec. 11. Restaurants: Unincorporated Town Exception. 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 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 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 thousand
(20,000), if the applicant meets the following requirements:
(1) The establishment is the holder of a one-way or a two-way
permit.
(2) The establishment is qualified to hold a three-way permit
but 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 issued
under this section is the same as the fee for a three-way retailer's
permit issued under other provisions of this chapter. A person who
holds a three-way retailer's permit under this section is not required
to pay an annual license fee for any one-way or two-way retailer's
permit 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 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 service restaurant in which a patron is
seated at a table and is served by a waiter or waitress and the
food served is predominantly consumed on the premises.
(2) It shall be sufficiently served by adequate law enforcement
at its premises.
(3) If it does business during seven (7) or more months of each
year, it shall have had an annual gross food sales of at least one
hundred thousand dollars ($100,000) for the three (3) years
immediately preceding its application for a permit unless the
permittee is the proprietor of a recreational facility such as a
golf course, bowling center, or similar facility that has the
recreational activity and not the sale of food and beverages as
the principal purpose or function of the person's business.
(4) If it does business during six (6) or fewer months of each
year, it shall have had average monthly gross food sales of at
least eight thousand five hundred dollars ($8,500) for each
month it did business for the three (3) years immediately
preceding its application for a permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.2.) As
amended 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 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 a projection of his experience had for the first ninety (90)
days of gross food sales at the location will exceed not less than
two hundred thousand dollars ($200,000) in gross food sales by
the end of two (2) years from the date of his application; and
(2) the restaurant meets the additional requirements provided in
section 12 of this chapter, other than the gross food sales
requirement.
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for an applicant who plans to do
business during six (6) or fewer months of each year is an average of
at 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 may
issue a permit for a new restaurant to sell alcoholic beverages at the
time of its opening if the applicant for this permit first executes a
verified certification to the commission stating that the anticipated
gross food sales are expected to exceed two hundred thousand dollars
($200,000) during the first two (2) years of operation. Not more than
one hundred twenty (120) days after the opening of the new
restaurant, the applicant shall furnish to the commission a financial
statement showing the dollar amount of food sales made during the
first ninety (90) days of operation. The commission may require this
financial statement to be audited by a certified public accountant. If
the food sales shown on the financial statement do not meet the
standards set forth in subsection (a), the commission may revoke the
permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3.) As
amended by P.L.85-1985, SEC.12.
IC 7.1-3-20-13.5 Public restaurant at golf course or tennis club; gross food sales
requirement
Sec. 13.5. Notwithstanding sections 12 and 13 of this chapter,
there is no annual or monthly gross food sales requirement to obtain
a three-way permit for the sale of alcoholic beverages in a restaurant
that is:
(1) open to the general public; and
(2) located on:
(A) the grounds of a regulation size golf course that has at
least 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 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 the sale
of alcoholic beverages at a clubhouse may, under the same permit,
sell alcoholic malt beverages at a permanent, semipermanent, or
portable 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), who
are involved in the furnishing, supplying, conveying, selling or
serving of alcoholic beverages, shall have an employee's permit or
bartender'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 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 thousand dollars ($100,000), unless the permittee can
establish to the satisfaction of the local board and the commission
that his projected gross food sales for the ensuing calendar year will
exceed one hundred thousand dollars ($100,000).
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for a permittee who does business
during six (6) or fewer months of each year is an average of at least
eight thousand five hundred dollars ($8,500) per month for each full
month 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 development
areas; redevelopment projects or districts, historic river vessels,
cultural centers, historic districts
Sec. 16. (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) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of a restaurant facility in
the passenger terminal complex of a publicly owned airport. A
permit issued under this subsection shall not be transferred to a
location off the airport premises.
(c) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a redevelopment project consisting of a building
or 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 maintained
pursuant to the National Historic Preservation Act of 1966, as
amended; and
(3) has been redeveloped or renovated, with the redevelopment
or 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 a
location outside of the redevelopment project.
(d) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in part
with state and city money. A permit issued under this subsection may
not be transferred.
(e) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a renovation project consisting of a building that:
(1) was formerly used as part of a passenger and freight railway
station; and
(2) was built before 1900.
The permit authorized by this subsection may be issued without
regard to the proximity provisions of IC 7.1-3-21-11.
(f) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption at a cultural center
for the visual and performing arts to a town that:
(1) is located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000); and
(2) has a population of more than twenty thousand (20,000) but
less than twenty-three thousand (23,000).
(g) After June 30, 2005, the commission may issue not more than
ten (10) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant 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 of
Historic Places maintained under the National Historic
Preservation Act of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
The legislative body of the municipality in which the district is
located shall recommend to the commission sites that are eligible to
be permit premises. The commission shall consider, but is not
required to follow, the municipal legislative body's recommendation
in issuing a permit under this subsection. An applicant is not eligible
for a permit if, less than two (2) years before the date of the
application, the applicant sold a retailer's permit that was subject to
IC 7.1-3-22 and that was for premises located within the district
described in this section or within five hundred (500) feet of the
district. A permit issued under this subsection shall not be
transferred. The cost of an initial permit issued under this subsection
is six thousand dollars ($6,000).
(h) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption to an applicant
who will locate as the proprietor, as owner or lessee, or both, of a
restaurant 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). The
commission may issue not more than five (5) licenses under this
section to premises within a municipality described in subdivision
(1) and not more than five (5) licenses to premises within a
municipality described in subdivision (2). The commission shall
conduct an auction of the permits under IC 7.1-3-22-9, except that
the auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial license under this subsection is thirty-five thousand dollars
($35,000), and the renewal fee for a license under this subsection is
one thousand three hundred fifty dollars ($1,350). Before the district
expires, a permit issued under this subsection may not be transferred.
After the district expires, a permit issued under this subsection may
be renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(i) After June 30, 2006, the commission may issue not more than
five (5) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant located within a district, or not more than five hundred
(500) feet from a district, that meets all of the following
requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as
established under IC 36-7-14.
(2) A unit of the National Park Service is partially located
within the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant
sold a retailers' permit that was subject to IC 7.1-3-22 and that was
for premises located within the district described in this subsection
or within five hundred (500) feet of the district. A permit issued
under this subsection may not be transferred. If the commission
issues five (5) new permits under this subsection, and a permit issued
under this subsection is later revoked or is not renewed, the
commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not
exceed five (5) at any time. The commission shall conduct an auction
of the permits under IC 7.1-3-22-9, except that the auction may be
conducted 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 beverage
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 the
permit is to be located meets the following criteria:
(1) The project boundaries must border on at least one (1) side
of a river.
(2) The proposed permit premises may not be located more
than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, whichever is greater. However, if the area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment project
area, an urban renewal area, or a redevelopment area
established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district under
IC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement district
designated under IC 36-7-13-12.1.
(4) The project must be funded in part with state and city
money.
(5) The boundaries of the municipal riverfront development
project must be designated by ordinance or resolution by the
legislative 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 the
following documentation, which is required at the time the permit
application is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfront
development project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the local
governing body authorizing the municipal riverfront
development project.
(3) Detailed information concerning the expenditures of state
and city funds on the municipal riverfront development project.
(d) Notwithstanding subsection (b), the commission may issue a
permit for premises, the location of which does not meet the criteria
of subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and section 16(d) of
this 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 area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit applicant satisfies the criteria established by the
commission by rule adopted under IC 4-22-2. The criteria
established by the commission may require that the proposed
premises be located in an area or district set forth in subsection
(b)(3).
(4) The permit premises may not be located less than two
hundred (200) feet from facilities owned by a state educational
institution.
(e) A permit may not be issued if the proposed permit premises is
the 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.2
and 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 proprietor
of a restaurant that is located in a facility that is on the National
Register of Historic Places or that is located within the boundaries of
an historic district that is established by ordinance pursuant to
IC 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 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 the approval of the commission, a service bar which
is not in full, free and unobstructed view from a street or public
highway.
(b) An establishment shall qualify as to the gross annual business
provision if the projection of the first ninety (90) days of business for
the establishment for one (1) year equals, or is greater than, one
hundred thousand dollars ($100,000), in the proportions set forth in
subsection (a), as shown by the books and records of the
establishment. (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 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
where, in consideration of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25), adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) continuous roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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. (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 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 of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25) adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(5) It shall be sufficiently served by adequate law enforcement
at its premises.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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 season of at least
three (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 furnished
and completely separate sleeping rooms, exclusive of any
basement rooms, with adequate facilities.
(4) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it.
(5) It shall have either a:
(A) regular dining room frequented by customers each day
during which the resort hotel is open to the public; or
(B) room in which continental breakfasts and hors d'oeuvres
are 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 its
obligations under the law to its guests and it shall have kept a
register 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 for
a permit.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(5)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(5)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 may
grant a seasonal permit to a resort hotel upon the application of its
owner or manager if he possesses the same qualifications that are
required for the issuance of corresponding permits to other
applicants. The seasonal permit shall entitle the permittee to sell
beer, liquor, or wine, from the fifteenth day of April to the fifteenth
day 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" 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 to a hotel may
dispense alcoholic beverages in individual portions to registered
hotel 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 requires
use of a key, magnetic card, or similar device; or
(2) controlled at all times by the holder of a retailer's permit that
is issued to a hotel.
(d) Alcoholic beverages may be dispensed through in-room
vending units only:
(1) on days and at times when the sale of alcoholic beverages is
permitted under this title; and
(2) to persons who are permitted to purchase alcoholic
beverages 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 the
interior 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 alcoholic
beverage to a minor, a permittee to whom this section applies shall
determine that the registered hotel guest is not a minor (as defined in
IC 7.1-1-3-25) prior to providing a key, magnetic card, or similar
device required to gain access to the interior of an in-room vending
unit to that registered hotel guest.
(g) Each employee of a permittee to whom this section applies
who handles alcoholic beverages for dispensing through an in-room
vending unit must be twenty-one (21) years of age or older and hold
an 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 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) Catering halls designated under this section are not required
to be open to the general public. However, if a designated catering
hall desires to host an event that is open to the general public, the
catering hall shall comply with the notice requirement under
IC 7.1-3-9.5-2. A catering hall with a special three-way catering hall
permit under subsection (d) may not be open to the general public.
(d) The commission may issue a special three-way catering hall
permit to an applicant to sell alcoholic beverages for on premises
consumption 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 not
required 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 to
implement 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 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, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the center.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
mall. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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 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 City Market Corporation and that has the
following characteristics:
(1) The market consists of an area that:
(A) has been redeveloped or renovated in part with grants
from the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the market.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
city market. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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, 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 two
hundred thousand (200,000) but less than three hundred
thousand (300,000); and
(2) has been listed in the National Register of Historic Places
maintained under the National Historic Preservation Act of
1966, as amended. A permit issued under this subsection may
not be transferred.
(b) A permit issued under this section is subject to the quota
requirements of IC 7.1-3-22-3. As added by P.L.10-2010, SEC.8.
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 an
appropriate club permit under this title, an association or corporation
shall meet the following requirements:
(a) It shall have been organized in good faith under authority of
law;
(b) It shall have been in active, continuous existence for at least
three (3) years prior to the date the application for the permit is filed;
(c) It shall have maintained, in good faith, a membership roll for
the 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 establishment
operated 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 shall
belong to its members; and,
(h) It shall maintain an establishment provided with special space
and accomodations where, in consideration of payment, food, with
or 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 the
application of a club if the premises to be licensed are situated within
the corporate limits of a city or town. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.1.) As
amended 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 issued
under section 2, 3, or 4 of this chapter.
(b) A permit holder may sell alcoholic beverages under the terms
of the permit on any twelve (12) Sundays during a calendar year.
(c) Sales under this section may be made only for on-premises
consumption. 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 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:
(a) The club has been duly organized for social, athletic, or
outdoor exercise purposes;
(b) The club requires and receives an annual membership fee of
at least six dollars ($6.00);
(c) The club has an investment of not less than five thousand
dollars ($5,000), in addition to investment in buildings, in grounds
or fields especially prepared for athletic or physical exercise;
(d) The grounds or fields have been especially prepared for use
for a period of at least six (6) months prior to the filing of the
application for the permit; and,
(e) The grounds or fields have been patronized and used regularly
during 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 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 through the financial records which it has preserved
or 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 or
other kind of substantial control an establishment outside the
corporate limits of a city or town and which is of such respectability
and probable permanence as to warrant the issuance of an
appropriate permit, may be eligible, although it does not have the
necessary 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 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 city or town, and another appropriate permit may be issued to the
same club for an establishment located within the corporate limits of
a city or town. The commission shall charge a separate annual
license 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 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, constitution, and bylaws of the club.
(2) The person must maintain membership by the payment of
dues in the required manner.
(3) The person's name and address must be entered on the
membership list which is supplied to the commission:
(A) the first time that the new or renewal application for the
appropriate club permit is filed after the person becomes a
member of the club; and
(B) with subsequent renewal applications that are filed after
the person becomes a member of the club for as long as the
person 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 the
appropriate permit, "fraternal club" means an association or
corporation the membership of that is comprised of or forms:
(1) a lodge or local chapter or corresponding unit of a fraternal
order or of another association of a like nature; or
(2) a body whose membership is comprised of persons who
have served in the armed forces of the United States;
and which has been in continual existence on a national scale for
more than five (5) years prior to the date the application is filed.
(b) Fraternal clubs and labor organizations need not meet the
requirements of section 1 of this chapter, but are considered clubs for
all 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 enabling
ordinance as provided in IC 1971, 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 of an existing permit nor shall it apply to a
fraternal 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 term
does not include a practice of a club or fraternal club that requires a
specific religious affiliation or belief as a condition of membership
in 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 a
discriminatory practice.
(c) A person may file a complaint with the civil rights commission
alleging a discriminatory practice by a club, fraternal club, or labor
organization.
(d) The civil rights commission shall investigate the allegations
in the complaint and, if reasonable cause is found, shall hold a
hearing under IC 22-9-1-6 on the complaint. If the civil rights
commission finds that a club, fraternal club, or labor organization has
engaged in a discriminatory practice, the civil rights commission
shall certify the finding to the alcohol and tobacco commission.
(e) If a club, fraternal club, or labor organization is found to have
engaged 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 labor
organization.
(2) Impose a civil penalty on the club, fraternal club, or labor
organization not to exceed one thousand dollars ($1,000).
(3) Suspend the club, fraternal club, or labor organization's
permit 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 permit
under 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 the
club on a guest day.
(4) Sell or give alcoholic beverages to guests for consumption
on the permit premises on a guest day.
(5) Keep a guest book listing members and their nonmember
guests, except on a designated guest day.
(b) This subsection applies to a club that furnishes alcoholic
beverages on not more than two (2) days in each week.
Notwithstanding subsection (a)(1), the holder of a club permit to
which this subsection applies may designate twenty-four (24) guest
days in each calendar year rather than one (1) guest day in each
month. 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 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 with special space and accommodations
where, in consideration of payment, food, without lodging, is
habitually 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 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. (Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-20-11 Restaurants; unincorporated town exception
Sec. 11. Restaurants: Unincorporated Town Exception. 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 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 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 thousand
(20,000), if the applicant meets the following requirements:
(1) The establishment is the holder of a one-way or a two-way
permit.
(2) The establishment is qualified to hold a three-way permit
but 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 issued
under this section is the same as the fee for a three-way retailer's
permit issued under other provisions of this chapter. A person who
holds a three-way retailer's permit under this section is not required
to pay an annual license fee for any one-way or two-way retailer's
permit 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 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 service restaurant in which a patron is
seated at a table and is served by a waiter or waitress and the
food served is predominantly consumed on the premises.
(2) It shall be sufficiently served by adequate law enforcement
at its premises.
(3) If it does business during seven (7) or more months of each
year, it shall have had an annual gross food sales of at least one
hundred thousand dollars ($100,000) for the three (3) years
immediately preceding its application for a permit unless the
permittee is the proprietor of a recreational facility such as a
golf course, bowling center, or similar facility that has the
recreational activity and not the sale of food and beverages as
the principal purpose or function of the person's business.
(4) If it does business during six (6) or fewer months of each
year, it shall have had average monthly gross food sales of at
least eight thousand five hundred dollars ($8,500) for each
month it did business for the three (3) years immediately
preceding its application for a permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.2.) As
amended 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 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 a projection of his experience had for the first ninety (90)
days of gross food sales at the location will exceed not less than
two hundred thousand dollars ($200,000) in gross food sales by
the end of two (2) years from the date of his application; and
(2) the restaurant meets the additional requirements provided in
section 12 of this chapter, other than the gross food sales
requirement.
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for an applicant who plans to do
business during six (6) or fewer months of each year is an average of
at 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 may
issue a permit for a new restaurant to sell alcoholic beverages at the
time of its opening if the applicant for this permit first executes a
verified certification to the commission stating that the anticipated
gross food sales are expected to exceed two hundred thousand dollars
($200,000) during the first two (2) years of operation. Not more than
one hundred twenty (120) days after the opening of the new
restaurant, the applicant shall furnish to the commission a financial
statement showing the dollar amount of food sales made during the
first ninety (90) days of operation. The commission may require this
financial statement to be audited by a certified public accountant. If
the food sales shown on the financial statement do not meet the
standards set forth in subsection (a), the commission may revoke the
permit. (Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3.) As
amended by P.L.85-1985, SEC.12.
IC 7.1-3-20-13.5 Public restaurant at golf course or tennis club; gross food sales
requirement
Sec. 13.5. Notwithstanding sections 12 and 13 of this chapter,
there is no annual or monthly gross food sales requirement to obtain
a three-way permit for the sale of alcoholic beverages in a restaurant
that is:
(1) open to the general public; and
(2) located on:
(A) the grounds of a regulation size golf course that has at
least 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 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 the sale
of alcoholic beverages at a clubhouse may, under the same permit,
sell alcoholic malt beverages at a permanent, semipermanent, or
portable 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), who
are involved in the furnishing, supplying, conveying, selling or
serving of alcoholic beverages, shall have an employee's permit or
bartender'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 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 thousand dollars ($100,000), unless the permittee can
establish to the satisfaction of the local board and the commission
that his projected gross food sales for the ensuing calendar year will
exceed one hundred thousand dollars ($100,000).
(b) Notwithstanding subsection (a), the gross food sales
requirement under this section for a permittee who does business
during six (6) or fewer months of each year is an average of at least
eight thousand five hundred dollars ($8,500) per month for each full
month 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 development
areas; redevelopment projects or districts, historic river vessels,
cultural centers, historic districts
Sec. 16. (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) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of a restaurant facility in
the passenger terminal complex of a publicly owned airport. A
permit issued under this subsection shall not be transferred to a
location off the airport premises.
(c) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a redevelopment project consisting of a building
or 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 maintained
pursuant to the National Historic Preservation Act of 1966, as
amended; and
(3) has been redeveloped or renovated, with the redevelopment
or 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 a
location outside of the redevelopment project.
(d) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in part
with state and city money. A permit issued under this subsection may
not be transferred.
(e) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only
to an applicant who is the proprietor, as owner or lessee, or both, of
a restaurant within a renovation project consisting of a building that:
(1) was formerly used as part of a passenger and freight railway
station; and
(2) was built before 1900.
The permit authorized by this subsection may be issued without
regard to the proximity provisions of IC 7.1-3-21-11.
(f) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption at a cultural center
for the visual and performing arts to a town that:
(1) is located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred
thousand (700,000); and
(2) has a population of more than twenty thousand (20,000) but
less than twenty-three thousand (23,000).
(g) After June 30, 2005, the commission may issue not more than
ten (10) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant 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 of
Historic Places maintained under the National Historic
Preservation Act of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
The legislative body of the municipality in which the district is
located shall recommend to the commission sites that are eligible to
be permit premises. The commission shall consider, but is not
required to follow, the municipal legislative body's recommendation
in issuing a permit under this subsection. An applicant is not eligible
for a permit if, less than two (2) years before the date of the
application, the applicant sold a retailer's permit that was subject to
IC 7.1-3-22 and that was for premises located within the district
described in this section or within five hundred (500) feet of the
district. A permit issued under this subsection shall not be
transferred. The cost of an initial permit issued under this subsection
is six thousand dollars ($6,000).
(h) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption to an applicant
who will locate as the proprietor, as owner or lessee, or both, of a
restaurant 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). The
commission may issue not more than five (5) licenses under this
section to premises within a municipality described in subdivision
(1) and not more than five (5) licenses to premises within a
municipality described in subdivision (2). The commission shall
conduct an auction of the permits under IC 7.1-3-22-9, except that
the auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial license under this subsection is thirty-five thousand dollars
($35,000), and the renewal fee for a license under this subsection is
one thousand three hundred fifty dollars ($1,350). Before the district
expires, a permit issued under this subsection may not be transferred.
After the district expires, a permit issued under this subsection may
be renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(i) After June 30, 2006, the commission may issue not more than
five (5) new three-way, two-way, or one-way permits to sell
alcoholic beverages for on-premises consumption to applicants, each
of whom must be the proprietor, as owner or lessee, or both, of a
restaurant located within a district, or not more than five hundred
(500) feet from a district, that meets all of the following
requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as
established under IC 36-7-14.
(2) A unit of the National Park Service is partially located
within the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant
sold a retailers' permit that was subject to IC 7.1-3-22 and that was
for premises located within the district described in this subsection
or within five hundred (500) feet of the district. A permit issued
under this subsection may not be transferred. If the commission
issues five (5) new permits under this subsection, and a permit issued
under this subsection is later revoked or is not renewed, the
commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not
exceed five (5) at any time. The commission shall conduct an auction
of the permits under IC 7.1-3-22-9, except that the auction may be
conducted 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 beverage
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 the
permit is to be located meets the following criteria:
(1) The project boundaries must border on at least one (1) side
of a river.
(2) The proposed permit premises may not be located more
than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, whichever is greater. However, if the area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment project
area, an urban renewal area, or a redevelopment area
established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district under
IC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement district
designated under IC 36-7-13-12.1.
(4) The project must be funded in part with state and city
money.
(5) The boundaries of the municipal riverfront development
project must be designated by ordinance or resolution by the
legislative 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 the
following documentation, which is required at the time the permit
application is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfront
development project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the local
governing body authorizing the municipal riverfront
development project.
(3) Detailed information concerning the expenditures of state
and city funds on the municipal riverfront development project.
(d) Notwithstanding subsection (b), the commission may issue a
permit for premises, the location of which does not meet the criteria
of subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and section 16(d) of
this 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 area
adjacent to the river is incapable of being developed because
the area is in a floodplain, or for any other reason that prevents
the area from being developed, the distances described in
clauses (A) and (B) are measured from the city blocks located
nearest to the river that are capable of being developed.
(3) The permit applicant satisfies the criteria established by the
commission by rule adopted under IC 4-22-2. The criteria
established by the commission may require that the proposed
premises be located in an area or district set forth in subsection
(b)(3).
(4) The permit premises may not be located less than two
hundred (200) feet from facilities owned by a state educational
institution.
(e) A permit may not be issued if the proposed permit premises is
the 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.2
and 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 proprietor
of a restaurant that is located in a facility that is on the National
Register of Historic Places or that is located within the boundaries of
an historic district that is established by ordinance pursuant to
IC 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 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 the approval of the commission, a service bar which
is not in full, free and unobstructed view from a street or public
highway.
(b) An establishment shall qualify as to the gross annual business
provision if the projection of the first ninety (90) days of business for
the establishment for one (1) year equals, or is greater than, one
hundred thousand dollars ($100,000), in the proportions set forth in
subsection (a), as shown by the books and records of the
establishment. (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 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
where, in consideration of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25), adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) continuous roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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. (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 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 of payment, food and lodging are
habitually furnished to travelers.
(2) It shall have at least twenty-five (25) adequately furnished
and completely separate sleeping rooms with adequate facilities
under one (1) roof.
(3) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it in the course of usual
and regular travel or as a residence.
(4) It shall operate either a:
(A) regular dining room constantly frequented by customers
each day; or
(B) room in which continental breakfasts and hors d'oeuvres
are served in areas designated as dining rooms.
(5) It shall be sufficiently served by adequate law enforcement
at its premises.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(4)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(4)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 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 season of at least
three (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 furnished
and completely separate sleeping rooms, exclusive of any
basement rooms, with adequate facilities.
(4) It shall be so disposed that persons usually apply for and
receive overnight accommodations in it.
(5) It shall have either a:
(A) regular dining room frequented by customers each day
during which the resort hotel is open to the public; or
(B) room in which continental breakfasts and hors d'oeuvres
are 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 its
obligations under the law to its guests and it shall have kept a
register 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 for
a permit.
(b) This subsection applies to a hotel that qualifies under
subsection (a)(5)(B). All laws and commission rules regarding legal
serving for alcoholic beverages fully apply to the hotel. Rooms that
qualify under subsection (a)(5)(B) qualify as rooms under
IC 7.1-5-7-11(a)(16). The commission may adopt rules under
IC 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 may
grant a seasonal permit to a resort hotel upon the application of its
owner or manager if he possesses the same qualifications that are
required for the issuance of corresponding permits to other
applicants. The seasonal permit shall entitle the permittee to sell
beer, liquor, or wine, from the fifteenth day of April to the fifteenth
day 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" 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 to a hotel may
dispense alcoholic beverages in individual portions to registered
hotel 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 requires
use of a key, magnetic card, or similar device; or
(2) controlled at all times by the holder of a retailer's permit that
is issued to a hotel.
(d) Alcoholic beverages may be dispensed through in-room
vending units only:
(1) on days and at times when the sale of alcoholic beverages is
permitted under this title; and
(2) to persons who are permitted to purchase alcoholic
beverages 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 the
interior 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 alcoholic
beverage to a minor, a permittee to whom this section applies shall
determine that the registered hotel guest is not a minor (as defined in
IC 7.1-1-3-25) prior to providing a key, magnetic card, or similar
device required to gain access to the interior of an in-room vending
unit to that registered hotel guest.
(g) Each employee of a permittee to whom this section applies
who handles alcoholic beverages for dispensing through an in-room
vending unit must be twenty-one (21) years of age or older and hold
an 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 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) Catering halls designated under this section are not required
to be open to the general public. However, if a designated catering
hall desires to host an event that is open to the general public, the
catering hall shall comply with the notice requirement under
IC 7.1-3-9.5-2. A catering hall with a special three-way catering hall
permit under subsection (d) may not be open to the general public.
(d) The commission may issue a special three-way catering hall
permit to an applicant to sell alcoholic beverages for on premises
consumption 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 not
required 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 to
implement 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 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, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the center.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
mall. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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 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 City Market Corporation and that has the
following characteristics:
(1) The market consists of an area that:
(A) has been redeveloped or renovated in part with grants
from the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of
the 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 retail
locations can be accessed without going outside the market.
(c) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is
the proprietor, as owner or lessee, or both, of retail space within a
city market. 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 without
regard to the proximity provisions of IC 7.1-3-21-11 or the quota
provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a
location 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, 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 two
hundred thousand (200,000) but less than three hundred
thousand (300,000); and
(2) has been listed in the National Register of Historic Places
maintained under the National Historic Preservation Act of
1966, as amended. A permit issued under this subsection may
not be transferred.
(b) A permit issued under this section is subject to the quota
requirements of IC 7.1-3-22-3. As added by P.L.10-2010, SEC.8.
