State Codes and Statutes

Statutes > Indiana > Title7.1 > Ar3 > Ch9

IC 7.1-3-9
     Chapter 9. Liquor Retailers' Permits

IC 7.1-3-9-1
Application
    
Sec. 1. Application. The commission may issue a liquor retailer's permit to a person who desires to sell liquor to customers for consumption on the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-2
Local jurisdiction limited
    
Sec. 2. A liquor retailer's permit may be issued under the provisions of this title for premises situated in a city having a population of at least five thousand (5,000). A city or town legislative body, or an officer of one (1) of them, shall have no power or jurisdiction to regulate the sale of, traffic in, or transportation of alcoholic beverages, or to levy a tax, fee, license fee, or to issue or require a license to be issued by it or its officer or agent in respect to alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.36.

IC 7.1-3-9-3
Small city exception
    
Sec. 3. The legislative body of a city or town that has a population of less than five thousand (5,000) shall have the power and jurisdiction to enact an enabling ordinance consenting that liquor retailer's permits may be issued to applicants in respect to premises located within the city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.37.

IC 7.1-3-9-4
Enabling ordinance
    
Sec. 4. Enabling Ordinance. The enabling ordinance authorized by IC 1971, 7.1-3-9-3, shall be a general ordinance containing no conditions, exceptions or limitations. The enabling ordinance, after it has been duly enacted, may not be altered, amended, or repealed for a period of two (2) years and sixty (60) days after the date of its enactment. During the period of the two (2) years and sixty (60) days from the enactment of the enabling ordinance consenting to the issuance of liquor retailer's permits, no other ordinance on the subject may be enacted.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-5
Repeal of ordinance; continuance of operations
    
Sec. 5. Repeal of Ordinance: Continuance of Operations. The holder of a liquor retailer's permit issued prior to the repeal,

amendment, or expiration of an enabling ordinance authorized by IC 1971, 7.1-3-9-3, may continue to operate under his permit, during the time that his permit is in force, for a period of ninety (90) days after the enactment of a conflicting ordinance or the repeal of the original ordinance unless the sale of alcoholic beverages again becomes lawful by the enactment of another enabling ordinance, in which case he may continue to operate under his permit during the unexpired term of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-6
Certain local ordinances proscribed
    
Sec. 6. Certain Local Ordinances Proscribed. A city or town shall not enact an ordinance which in any way, directly or indirectly, regulates, restricts, enlarges, or limits the operation or business of the holder of a liquor retailer's permit as provided in this title. A city or town shall not enact an ordinance covering any other business or place of business for the conduct of it in such a way as to prevent or inhibit the holder of a liquor retailer's permit from being qualified to obtain or continue to hold the permit, or operate to interfere with or prevent the exercise of the permittee's privileges under the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-7
Ordinances sent to commission
    
Sec. 7. Ordinance Sent to Commission. The city clerk or town clerk of a city or town in which an ordinance proscribed by IC 1971, 7.1-3-9-6, has been enacted, shall, immediately upon the enactment, certify a copy of the ordinance and mail it by registered mail to the commission. The commission, out of its expenses, shall pay the clerk one dollar ($1.00), for his services in the matter.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-8
Three-way permits
    
Sec. 8. Three-Way Permits. The commission may issue a liquor retailer's permit only to a person who also is, and continues to be, the holder of both a beer retailer's permit and a wine retailer's permit. However, applications for each of the three (3) types of permits may be made at the same time or in one (1) application combining requests for each of the three (3) types of permits. The publication of the notice of the applications may be combined, in any case, if the applications are pending simultaneously. The notices also may be combined in one (1) publication with notices of the application of other applicants for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-9
Scope of permit
    
Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled

to purchase liquor only from a permittee entitled to sell to him under this title. A liquor retailer shall be entitled to possess liquor and sell it at retail to a customer for consumption on the licensed premises. A liquor retailer also shall be entitled to sell liquor to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's house.
    (b) A liquor retailer shall not be entitled to sell liquor at wholesale. He shall not be entitled to sell and deliver liquor on the street or at the curb outside the licensed premises, nor shall he be entitled to sell liquor at a place other than the licensed premises. However, a liquor retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.
    (c) A liquor retailer shall not be entitled to sell and deliver liquor for carry out, or for at-home delivery, in a quantity that exceeds four (4) quarts at any one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.112-1987, SEC.6.

IC 7.1-3-9-9.5
Limitation of sales; fees; clubs; discrimination
    
Sec. 9.5. (a) Notwithstanding any other law, a liquor retailer may limit sales to the following:
        (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
        (2) Guests of a person described in subdivision (1).
    (b) A liquor retailer may call the annual fee described in subsection (a) a membership fee.
    (c) A liquor retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
    (d) This section does not allow a liquor retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.
As added by P.L.73-1991, SEC.2.

IC 7.1-3-9-10
High and fine reputation
    
Sec. 10. High and Fine Reputation. The commission may issue a liquor retailer's permit only to a high grade club, restaurant, or hotel, which has a high and fine reputation for decency and law obedience. In no case shall a liquor retailer's permit be issued or stand unrevoked if the owner, manager, or management of the establishment is not a person of strict integrity and high repute, or if the premises have been padlocked.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-11
Sampling alcoholic beverages on liquor retailer's premises
    
Sec. 11. (a) A liquor retailer may allow customers to sample the following:
        (1) Beer.
        (2) Wines.
        (3) Liquors.
        (4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
        (5) Flavored malt beverages.
        (6) Hard cider.
    (b) Sampling is permitted only:
        (1) on the liquor retailer's permit premises; and
        (2) during the permittee's regular business hours.
    (c) A liquor retailer may not charge for the samples provided to customers.
    (d) Sample size of wines may not exceed one (1) ounce.
    (e) In addition to the other provisions of this section, a liquor retailer who allows customers to sample liquors, liqueurs, or cordials shall comply with all of the following:
        (1) A liquor retailer may allow a customer to sample only a combined total of two (2) liquor, liqueur, or cordial samples per day.
        (2) Sample size of liqueurs or cordials may not exceed one-half (1/2) ounce.
        (3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
    (f) A sample size of beer, flavored malt beverage, or hard cider may not exceed six (6) ounces.
As added by P.L.12-1999, SEC.1. Amended by P.L.72-2004, SEC.7; P.L.94-2008, SEC.32.

IC 7.1-3-9-12
Alcoholic beverage self-service in suites
    
Sec. 12. (a) This section applies to:
        (1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center; or
        (2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center.
    (b) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:
        (1) is not accessible to the general public;
        (2) has accommodations for not more than seventy-five (75) persons per suite; and
        (3) is accessible only to persons who possess a ticket:
            (A) to an event in a building or facility referred to in

subsection (a); and
            (B) that entitles the person to occupy the area while viewing the event described in clause (A).
The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.
    (c) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite.
    (d) A person who:
        (1) possesses a ticket described in subsection (b)(3); and
        (2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite by self-service.
    (e) A permittee may do any of the following:
        (1) Demand that a person occupying a suite provide:
            (A) a written statement under IC 7.1-5-7-4; and
            (B) identification indicating that the person is at least twenty-one (21) years of age.
        (2) Supervise the self-service of alcoholic beverages.
        (3) Have an employee in the suite who holds an employee permit under IC 7.1-3-18-9 to serve some or all of the alcoholic beverages.
As added by P.L.72-2004, SEC.8.

State Codes and Statutes

Statutes > Indiana > Title7.1 > Ar3 > Ch9

IC 7.1-3-9
     Chapter 9. Liquor Retailers' Permits

IC 7.1-3-9-1
Application
    
Sec. 1. Application. The commission may issue a liquor retailer's permit to a person who desires to sell liquor to customers for consumption on the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-2
Local jurisdiction limited
    
Sec. 2. A liquor retailer's permit may be issued under the provisions of this title for premises situated in a city having a population of at least five thousand (5,000). A city or town legislative body, or an officer of one (1) of them, shall have no power or jurisdiction to regulate the sale of, traffic in, or transportation of alcoholic beverages, or to levy a tax, fee, license fee, or to issue or require a license to be issued by it or its officer or agent in respect to alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.36.

IC 7.1-3-9-3
Small city exception
    
Sec. 3. The legislative body of a city or town that has a population of less than five thousand (5,000) shall have the power and jurisdiction to enact an enabling ordinance consenting that liquor retailer's permits may be issued to applicants in respect to premises located within the city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.37.

IC 7.1-3-9-4
Enabling ordinance
    
Sec. 4. Enabling Ordinance. The enabling ordinance authorized by IC 1971, 7.1-3-9-3, shall be a general ordinance containing no conditions, exceptions or limitations. The enabling ordinance, after it has been duly enacted, may not be altered, amended, or repealed for a period of two (2) years and sixty (60) days after the date of its enactment. During the period of the two (2) years and sixty (60) days from the enactment of the enabling ordinance consenting to the issuance of liquor retailer's permits, no other ordinance on the subject may be enacted.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-5
Repeal of ordinance; continuance of operations
    
Sec. 5. Repeal of Ordinance: Continuance of Operations. The holder of a liquor retailer's permit issued prior to the repeal,

amendment, or expiration of an enabling ordinance authorized by IC 1971, 7.1-3-9-3, may continue to operate under his permit, during the time that his permit is in force, for a period of ninety (90) days after the enactment of a conflicting ordinance or the repeal of the original ordinance unless the sale of alcoholic beverages again becomes lawful by the enactment of another enabling ordinance, in which case he may continue to operate under his permit during the unexpired term of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-6
Certain local ordinances proscribed
    
Sec. 6. Certain Local Ordinances Proscribed. A city or town shall not enact an ordinance which in any way, directly or indirectly, regulates, restricts, enlarges, or limits the operation or business of the holder of a liquor retailer's permit as provided in this title. A city or town shall not enact an ordinance covering any other business or place of business for the conduct of it in such a way as to prevent or inhibit the holder of a liquor retailer's permit from being qualified to obtain or continue to hold the permit, or operate to interfere with or prevent the exercise of the permittee's privileges under the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-7
Ordinances sent to commission
    
Sec. 7. Ordinance Sent to Commission. The city clerk or town clerk of a city or town in which an ordinance proscribed by IC 1971, 7.1-3-9-6, has been enacted, shall, immediately upon the enactment, certify a copy of the ordinance and mail it by registered mail to the commission. The commission, out of its expenses, shall pay the clerk one dollar ($1.00), for his services in the matter.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-8
Three-way permits
    
Sec. 8. Three-Way Permits. The commission may issue a liquor retailer's permit only to a person who also is, and continues to be, the holder of both a beer retailer's permit and a wine retailer's permit. However, applications for each of the three (3) types of permits may be made at the same time or in one (1) application combining requests for each of the three (3) types of permits. The publication of the notice of the applications may be combined, in any case, if the applications are pending simultaneously. The notices also may be combined in one (1) publication with notices of the application of other applicants for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-9
Scope of permit
    
Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled

to purchase liquor only from a permittee entitled to sell to him under this title. A liquor retailer shall be entitled to possess liquor and sell it at retail to a customer for consumption on the licensed premises. A liquor retailer also shall be entitled to sell liquor to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's house.
    (b) A liquor retailer shall not be entitled to sell liquor at wholesale. He shall not be entitled to sell and deliver liquor on the street or at the curb outside the licensed premises, nor shall he be entitled to sell liquor at a place other than the licensed premises. However, a liquor retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.
    (c) A liquor retailer shall not be entitled to sell and deliver liquor for carry out, or for at-home delivery, in a quantity that exceeds four (4) quarts at any one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.112-1987, SEC.6.

IC 7.1-3-9-9.5
Limitation of sales; fees; clubs; discrimination
    
Sec. 9.5. (a) Notwithstanding any other law, a liquor retailer may limit sales to the following:
        (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
        (2) Guests of a person described in subdivision (1).
    (b) A liquor retailer may call the annual fee described in subsection (a) a membership fee.
    (c) A liquor retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
    (d) This section does not allow a liquor retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.
As added by P.L.73-1991, SEC.2.

IC 7.1-3-9-10
High and fine reputation
    
Sec. 10. High and Fine Reputation. The commission may issue a liquor retailer's permit only to a high grade club, restaurant, or hotel, which has a high and fine reputation for decency and law obedience. In no case shall a liquor retailer's permit be issued or stand unrevoked if the owner, manager, or management of the establishment is not a person of strict integrity and high repute, or if the premises have been padlocked.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-11
Sampling alcoholic beverages on liquor retailer's premises
    
Sec. 11. (a) A liquor retailer may allow customers to sample the following:
        (1) Beer.
        (2) Wines.
        (3) Liquors.
        (4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
        (5) Flavored malt beverages.
        (6) Hard cider.
    (b) Sampling is permitted only:
        (1) on the liquor retailer's permit premises; and
        (2) during the permittee's regular business hours.
    (c) A liquor retailer may not charge for the samples provided to customers.
    (d) Sample size of wines may not exceed one (1) ounce.
    (e) In addition to the other provisions of this section, a liquor retailer who allows customers to sample liquors, liqueurs, or cordials shall comply with all of the following:
        (1) A liquor retailer may allow a customer to sample only a combined total of two (2) liquor, liqueur, or cordial samples per day.
        (2) Sample size of liqueurs or cordials may not exceed one-half (1/2) ounce.
        (3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
    (f) A sample size of beer, flavored malt beverage, or hard cider may not exceed six (6) ounces.
As added by P.L.12-1999, SEC.1. Amended by P.L.72-2004, SEC.7; P.L.94-2008, SEC.32.

IC 7.1-3-9-12
Alcoholic beverage self-service in suites
    
Sec. 12. (a) This section applies to:
        (1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center; or
        (2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center.
    (b) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:
        (1) is not accessible to the general public;
        (2) has accommodations for not more than seventy-five (75) persons per suite; and
        (3) is accessible only to persons who possess a ticket:
            (A) to an event in a building or facility referred to in

subsection (a); and
            (B) that entitles the person to occupy the area while viewing the event described in clause (A).
The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.
    (c) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite.
    (d) A person who:
        (1) possesses a ticket described in subsection (b)(3); and
        (2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite by self-service.
    (e) A permittee may do any of the following:
        (1) Demand that a person occupying a suite provide:
            (A) a written statement under IC 7.1-5-7-4; and
            (B) identification indicating that the person is at least twenty-one (21) years of age.
        (2) Supervise the self-service of alcoholic beverages.
        (3) Have an employee in the suite who holds an employee permit under IC 7.1-3-18-9 to serve some or all of the alcoholic beverages.
As added by P.L.72-2004, SEC.8.


State Codes and Statutes

State Codes and Statutes

Statutes > Indiana > Title7.1 > Ar3 > Ch9

IC 7.1-3-9
     Chapter 9. Liquor Retailers' Permits

IC 7.1-3-9-1
Application
    
Sec. 1. Application. The commission may issue a liquor retailer's permit to a person who desires to sell liquor to customers for consumption on the licensed premises.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-2
Local jurisdiction limited
    
Sec. 2. A liquor retailer's permit may be issued under the provisions of this title for premises situated in a city having a population of at least five thousand (5,000). A city or town legislative body, or an officer of one (1) of them, shall have no power or jurisdiction to regulate the sale of, traffic in, or transportation of alcoholic beverages, or to levy a tax, fee, license fee, or to issue or require a license to be issued by it or its officer or agent in respect to alcoholic beverages.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.36.

IC 7.1-3-9-3
Small city exception
    
Sec. 3. The legislative body of a city or town that has a population of less than five thousand (5,000) shall have the power and jurisdiction to enact an enabling ordinance consenting that liquor retailer's permits may be issued to applicants in respect to premises located within the city or town.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.8-1989, SEC.37.

IC 7.1-3-9-4
Enabling ordinance
    
Sec. 4. Enabling Ordinance. The enabling ordinance authorized by IC 1971, 7.1-3-9-3, shall be a general ordinance containing no conditions, exceptions or limitations. The enabling ordinance, after it has been duly enacted, may not be altered, amended, or repealed for a period of two (2) years and sixty (60) days after the date of its enactment. During the period of the two (2) years and sixty (60) days from the enactment of the enabling ordinance consenting to the issuance of liquor retailer's permits, no other ordinance on the subject may be enacted.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-5
Repeal of ordinance; continuance of operations
    
Sec. 5. Repeal of Ordinance: Continuance of Operations. The holder of a liquor retailer's permit issued prior to the repeal,

amendment, or expiration of an enabling ordinance authorized by IC 1971, 7.1-3-9-3, may continue to operate under his permit, during the time that his permit is in force, for a period of ninety (90) days after the enactment of a conflicting ordinance or the repeal of the original ordinance unless the sale of alcoholic beverages again becomes lawful by the enactment of another enabling ordinance, in which case he may continue to operate under his permit during the unexpired term of it.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-6
Certain local ordinances proscribed
    
Sec. 6. Certain Local Ordinances Proscribed. A city or town shall not enact an ordinance which in any way, directly or indirectly, regulates, restricts, enlarges, or limits the operation or business of the holder of a liquor retailer's permit as provided in this title. A city or town shall not enact an ordinance covering any other business or place of business for the conduct of it in such a way as to prevent or inhibit the holder of a liquor retailer's permit from being qualified to obtain or continue to hold the permit, or operate to interfere with or prevent the exercise of the permittee's privileges under the permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-7
Ordinances sent to commission
    
Sec. 7. Ordinance Sent to Commission. The city clerk or town clerk of a city or town in which an ordinance proscribed by IC 1971, 7.1-3-9-6, has been enacted, shall, immediately upon the enactment, certify a copy of the ordinance and mail it by registered mail to the commission. The commission, out of its expenses, shall pay the clerk one dollar ($1.00), for his services in the matter.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-8
Three-way permits
    
Sec. 8. Three-Way Permits. The commission may issue a liquor retailer's permit only to a person who also is, and continues to be, the holder of both a beer retailer's permit and a wine retailer's permit. However, applications for each of the three (3) types of permits may be made at the same time or in one (1) application combining requests for each of the three (3) types of permits. The publication of the notice of the applications may be combined, in any case, if the applications are pending simultaneously. The notices also may be combined in one (1) publication with notices of the application of other applicants for a permit.
(Formerly: Acts 1973, P.L.55, SEC.1.)

IC 7.1-3-9-9
Scope of permit
    
Sec. 9. (a) The holder of a liquor retailer's permit shall be entitled

to purchase liquor only from a permittee entitled to sell to him under this title. A liquor retailer shall be entitled to possess liquor and sell it at retail to a customer for consumption on the licensed premises. A liquor retailer also shall be entitled to sell liquor to a customer and deliver it in permissible containers to the customer on the licensed premises, or to the customer's house.
    (b) A liquor retailer shall not be entitled to sell liquor at wholesale. He shall not be entitled to sell and deliver liquor on the street or at the curb outside the licensed premises, nor shall he be entitled to sell liquor at a place other than the licensed premises. However, a liquor retailer may offer food service (excluding alcoholic beverages) to a patron who is outside the licensed premises by transacting business through a window in the licensed premises.
    (c) A liquor retailer shall not be entitled to sell and deliver liquor for carry out, or for at-home delivery, in a quantity that exceeds four (4) quarts at any one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.) As amended by P.L.112-1987, SEC.6.

IC 7.1-3-9-9.5
Limitation of sales; fees; clubs; discrimination
    
Sec. 9.5. (a) Notwithstanding any other law, a liquor retailer may limit sales to the following:
        (1) Persons that the retailer selects to have access to the retailer's facilities and services in return for payment of an annual fee to the retailer.
        (2) Guests of a person described in subdivision (1).
    (b) A liquor retailer may call the annual fee described in subsection (a) a membership fee.
    (c) A liquor retailer may call the retailer's premises a club. However, the premises is not a club within the meaning of IC 7.1-3-20-1.
    (d) This section does not allow a liquor retailer to discriminate among persons on the basis of race, sex, age, or religion when selecting persons to have access to the retailer's facilities and services.
As added by P.L.73-1991, SEC.2.

IC 7.1-3-9-10
High and fine reputation
    
Sec. 10. High and Fine Reputation. The commission may issue a liquor retailer's permit only to a high grade club, restaurant, or hotel, which has a high and fine reputation for decency and law obedience. In no case shall a liquor retailer's permit be issued or stand unrevoked if the owner, manager, or management of the establishment is not a person of strict integrity and high repute, or if the premises have been padlocked.
(Formerly: Acts 1973, P.L.55, SEC.1.)
IC 7.1-3-9-11
Sampling alcoholic beverages on liquor retailer's premises
    
Sec. 11. (a) A liquor retailer may allow customers to sample the following:
        (1) Beer.
        (2) Wines.
        (3) Liquors.
        (4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
        (5) Flavored malt beverages.
        (6) Hard cider.
    (b) Sampling is permitted only:
        (1) on the liquor retailer's permit premises; and
        (2) during the permittee's regular business hours.
    (c) A liquor retailer may not charge for the samples provided to customers.
    (d) Sample size of wines may not exceed one (1) ounce.
    (e) In addition to the other provisions of this section, a liquor retailer who allows customers to sample liquors, liqueurs, or cordials shall comply with all of the following:
        (1) A liquor retailer may allow a customer to sample only a combined total of two (2) liquor, liqueur, or cordial samples per day.
        (2) Sample size of liqueurs or cordials may not exceed one-half (1/2) ounce.
        (3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
    (f) A sample size of beer, flavored malt beverage, or hard cider may not exceed six (6) ounces.
As added by P.L.12-1999, SEC.1. Amended by P.L.72-2004, SEC.7; P.L.94-2008, SEC.32.

IC 7.1-3-9-12
Alcoholic beverage self-service in suites
    
Sec. 12. (a) This section applies to:
        (1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center; or
        (2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), or a convention center.
    (b) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:
        (1) is not accessible to the general public;
        (2) has accommodations for not more than seventy-five (75) persons per suite; and
        (3) is accessible only to persons who possess a ticket:
            (A) to an event in a building or facility referred to in

subsection (a); and
            (B) that entitles the person to occupy the area while viewing the event described in clause (A).
The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.
    (c) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite.
    (d) A person who:
        (1) possesses a ticket described in subsection (b)(3); and
        (2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite by self-service.
    (e) A permittee may do any of the following:
        (1) Demand that a person occupying a suite provide:
            (A) a written statement under IC 7.1-5-7-4; and
            (B) identification indicating that the person is at least twenty-one (21) years of age.
        (2) Supervise the self-service of alcoholic beverages.
        (3) Have an employee in the suite who holds an employee permit under IC 7.1-3-18-9 to serve some or all of the alcoholic beverages.
As added by P.L.72-2004, SEC.8.