Ind. Code ch. 7.1-3-20

in effect

Ind. Code § 7.1-3-20-0.1 Application of certain amendments to chapter

Sec. 0.1. The following amendments to this chapter apply as follows: (1) The amendments made to sections 18, 20, and 21 of this chapter by P.L.204-2001 supersede 905 IAC 1-41-2(c), as in effect on January 1, 2001. (2) The amendments made to section 11.5 of this chapter by P.L.204-2001 apply only to applications submitted after June 30, 2001. Applicants who submit an application before July 1, 2001, must comply with section 11.5, as appropriate, as the provision was effective at the time the application was submitted. (3) The addition of section 16.1 of this chapter by P.L.72-2004 applies to an application for a permit received after June 30, 2004. As added by P.L.220-2011, SEC.173.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] 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.

Ind. Code § 7.1-3-20-2.5 Repealed

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 Repealed by P.L.196-2015, SEC.13.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(h).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.75-1996, SEC.1.

Ind. Code § 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 whose membership 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. [Pre-1973 Recodification Citation: 7-1-1-3(c).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.10; P.L.13-2013, SEC.28.

Ind. Code § 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 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. [Pre-1973 Recodification Citation: 7-2-1-21.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.32; P.L.86-2018, SEC.116.

Ind. Code § 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.

Ind. Code § 7.1-3-20-8.6 Club guest day

Sec. 8.6. The holder of a club permit may do the following: (1) Designate one (1) or more days each calendar month as guest days, not to exceed a total of seven (7) guest days in any calendar month. (2) Keep a record of all designated guest days. (3) Invite guests who are not 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. As added by P.L.52-1992, SEC.10. Amended by P.L.90-1993, SEC.1; P.L.205-1999, SEC.16; P.L.216-2011, SEC.1; P.L.196-2015, SEC.14; P.L.132-2016, SEC.1; P.L.214-2016, SEC.16; P.L.270-2017, SEC.10.

Ind. Code § 7.1-3-20-8.7 Restaurants; segregated room for cigar consumption

Sec. 8.7. (a) A restaurant permittee that: (1) is located in a local government jurisdiction in which smoking in the manner described in this section is permitted; or (2) has obtained the written permission of the local government entity responsible for enforcing local smoking ordinances; may establish on the premises a segregated room attached to an outdoor patio in which cigar consumption may occur. (b) The following apply to a segregated room under subsection (a): (1) The room may not be accessible to individuals less than twenty-one (21) years of age. (2) The room must be: (A) separated from the rest of the facility by a closed door; and (B) connected to an outdoor patio area. (3) The room may not be connected to the restaurant dining room. (4) All doors to the room must contain a sign stating that individuals less than twenty-one (21) years of age are prohibited from entering the room. (5) The room must be well ventilated. (6) Smoking in the room must be limited to cigar smoking. (c) This section does not modify other statutes concerning the sale of cigars and tobacco. As added by P.L.123-2025, SEC.2.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-20-9.5 Restaurant carryout sales; eligibility

Sec. 9.5. (a) This section applies only to a retailer's permit for a restaurant. (b) This section does not apply to a retailer's permit that is issued or transferred to the following: (1) A city market under IC 7.1-3-20-25. (2) A marina under IC 7.1-3-1-25. (3) A state park under IC 7.1-3-17.8. (4) A golf course. (5) A hotel or resort hotel. (6) A social or fraternal club. (7) A restaurant, the proprietor of which is the holder of: (A) a brewer's permit under IC 7.1-3-2-7(5); (B) a farm winery permit under IC 7.1-3-12-5; or (C) an artisan distiller's permit under IC 7.1-3-27-8. (8) A specialty or gourmet market (as defined in IC 7.1-1-3-45.5). This exception applies only to a retailer's permit with carryout privileges that was initially issued in September 2019. (c) Except as provided in subsections (d) and (e), after May 14, 2017, a retailer permittee may not sell alcoholic beverages for carryout unless at least sixty percent (60%) of the retailer permittee's gross retail income from the sale of alcoholic beverages is derived from the sale of alcoholic beverages for consumption on the licensed premises. (d) This subsection applies only to a retailer's permit with carryout privileges that was issued to the current permit holder before November 1, 2016. Notwithstanding IC 7.1-3-1-1.5, a retailer permittee may continue to sell carryout after May 14, 2017, and is not required to comply with the gross retail income requirements. (e) This subsection applies to a retailer's permit with carryout privileges that was initially: (1) issued; or (2) transferred to the premises location; after October 31, 2016, and before May 15, 2017. Notwithstanding IC 7.1-3-1-1.5, a retailer permittee may continue to sell carryout after May 14, 2017, and is not required to comply with the gross retail income requirements until the retailer's permit is renewed. A retailer permittee may be issued a letter of extension, and subsequent renewals of the extension under IC 7.1-3-1-3.1 but the permit term may not be extended past April 1, 2018. A retailer permittee may continue to sell carryout while the extension is in effect. If the permit is transferred as to ownership or to a location that is not exempt under subsection (b), the gross retail income requirements of this section apply upon transfer of the permit. (f) Except for a retailer permittee described in subsection (d), a retailer permittee that has carryout privileges must apply for renewal of the carryout privileges when applying for renewal of the retailer's permit. The retailer permittee must provide the commission with a financial statement with information that shows the dollar amounts and percentages of the retailer permittee's gross retail income that is derived from sales of alcoholic beverages: (1) for consumption on the licensed premises; and (2) for carryout; during the one hundred eighty (180) days preceding the date of the application for renewal. (g) For subsequent applications for renewal, the commission may allow a retailer permittee to submit to the commission an affidavit of compliance that is signed by the permittee, or by a responsible officer or partner, under the penalties of perjury, that states that the requirements of subsection (c) continue to be met. If the commission has reasonable grounds to doubt the truthfulness of an affidavit of compliance, the commission may require the retailer permittee to provide audited financial statements. (h) If an applicant for renewal of carryout privileges does not meet the requirements of subsection (c) and the commission denies the application, the applicant may apply for a reinstatement of carryout privileges with the permittee's next application for renewal of the retailer's permit that is made in accordance with subsection (i). (i) An applicant: (1) for a retailer's permit and carryout privileges that has not opened for business; or (2) for carryout privileges that: (A) is the holder of a retailer's permit for an operating business; and (B) has had the previous application for carryout privileges or renewal of carryout privileges denied by the commission; must provide the commission with a verified certification stating that the projected gross retail income from alcoholic beverage sales during the business's first two (2) years of operations with carryout privileges will meet the requirements of subsection (c). Not more than one hundred eighty (180) days after the date the applicant begins or resumes alcoholic beverage sales with carryout privileges, the applicant shall provide a financial statement with sufficient information to show that during the first one hundred twenty (120) days of business operations with carryout privileges, sixty percent (60%) of the gross retail income from all alcoholic beverage sales was derived from sales of alcoholic beverages for consumption on the premises. (j) The commission may: (1) require that a financial statement submitted by an applicant under this chapter be audited by a certified public accountant; and (2) with the cooperation of the department of state revenue, verify the information provided by the applicant. (k) The information provided to the commission under this chapter regarding gross retail income is confidential information and may not be disclosed to the public under IC 5-14-3. However, the commission may disclose the information: (1) to the department of state revenue to verify the accuracy of the amount of gross retail income from sales of alcoholic beverages; and (2) in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of a discrepancy in the amount of gross retail income from sales of alcoholic beverages discovered by the department of state revenue. (l) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling its obligations under this section, the department of state revenue may provide confidential information to the commission. The commission shall maintain the confidentiality of information provided by the department of state revenue under this chapter. However, the commission may disclose the information in any administrative or judicial proceeding to revoke or suspend the holder's permit as a result of any information provided by the department of state revenue. (m) If the commission does not grant or renew a retailer permittee's carryout privileges, the denial shall not affect the other rights, privileges, and restrictions of the retailer's permit, including the retailer permittee's ability to sell alcoholic beverages for on-premises consumption. As added by P.L.270-2017, SEC.11. Amended by P.L.86-2018, SEC.117; P.L.279-2019, SEC.6; P.L.285-2019, SEC.33; P.L.13-2024, SEC.2.

Ind. Code § 7.1-3-20-9.6 Resealing wine bottle purchased with meal

Sec. 9.6. (a) This section applies only to a restaurant that has a wine retailer's permit, regardless of whether the permittee sells alcoholic beverages for carryout. (b) A restaurant that has a wine retailer's permit may allow a patron to remove one (1) unsealed bottle of wine for consumption off the licensed premises if the following requirements are satisfied: (1) The patron consumed part of the bottle of wine on the restaurant premises with a purchased meal. (2) The permittee: (A) reseals the bottle; and (B) places the resealed bottle of wine in a bag or other container that is secured in such a manner that it is visibly apparent if the bag or other container is subsequently opened or tampered with. (3) The permittee provides to the patron a dated receipt for the resealed bottle of wine and meal. (c) A person transporting a resealed wine bottle is transporting an open container that is subject to IC 9-30-15-3. As added by P.L.270-2017, SEC.12.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-20-11 Restaurants; unincorporated town exception

Sec. 11. The commission may issue a beer retailer's permit to a restaurant if it is located within an unincorporated town, or in close proximity to one, and if the establishment meets the requirements provided in section 9 of this chapter. [Pre-1973 Recodification Citation: 7-1-1-3(j).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.86-2018, SEC.118.

Ind. Code § 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-five thousand (25,000), 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; P.L.229-2011, SEC.99.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-8(4)(e).] 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.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-8(4)(e).] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.72, SEC.3. As amended by P.L.85-1985, SEC.12.

Ind. Code § 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.

Ind. Code § 7.1-3-20-13.6 Golf course clubhouse; sale from golf cart

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 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. Amended by P.L.285-2019, SEC.34.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-8(4)(e).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.85-1985, SEC.13.

Ind. Code § 7.1-3-20-15 Repealed

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

Ind. Code § 7.1-3-20-16 Restaurants; airports; certain economic development areas; redevelopment projects or districts; historic river vessels; cultural centers; historic districts; motorsport development districts; premises in qualified motorsports facilities; certain municipalities

Sec. 16. (a) A permit that is authorized by this section may be issued without 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) Except as provided in sections 16.3 and 16.4 of this chapter, 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) Subject to section 16.1 of this chapter and except as provided in section 16.3 of this chapter, 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 established by a city or town and funded in part with state and municipal funds. The ownership of a permit issued under this subsection and the location for which the permit was issued may not be transferred. The legislative body of the city or town in which the municipal riverfront development project 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. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (e) Except as provided in sections 16.3 and 16.4 of this chapter, 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: (1) a building that: (A) was formerly used as part of a passenger and freight railway station; and (B) was built before 1900; or (2) a complex of buildings that: (A) is part of an economic development area established under IC 36-7-14; and (B) includes, as part of the renovation project, the use and repurposing of two (2) or more buildings and structures that are: (i) at least seventy-five (75) years old; and (ii) located at a site at which manufacturing previously occurred over a period of at least seventy-five (75) years. The permit authorized by this subsection may be issued without regard to the proximity provisions of IC 7.1-3-21-11. (f) Except as provided in section 16.3 of this chapter, 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 the following: (1) A town having a population of more than twenty-three thousand (23,000) and less than twenty-three thousand nine hundred (23,900) located in a county having a population of more than four hundred thousand (400,000) and less than seven hundred thousand (700,000). (2) A city that has an indoor theater as described in section 26 of this chapter. (g) Except as provided in section 16.3 of this chapter, the commission may issue not more than fifteen (15) 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 one thousand five hundred (1,500) 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 one thousand five hundred (1,500) feet of the district. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. A permit holder and any lessee or proprietor of the permit premises is subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. The total number of active permits issued under this subsection may not exceed fifteen (15) at any time. The cost of an initial permit issued under this subsection is twenty-five thousand dollars ($25,000). (h) Except as provided in section 16.3 of this chapter, 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 having a population of more than twenty thousand (20,000); or (2) a city having a population of more than forty-nine thousand four hundred (49,400) and less than fifty thousand (50,000); located in a county having a population of more than one hundred twenty thousand (120,000) and less than one hundred thirty thousand (130,000). 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, and except as provided in section 16.3 of this chapter, 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. (j) Subject to section 16.2 of this chapter and except as provided in section 16.3 of this chapter, the commission may issue not more than six (6) new three-way, two-way, or one-way permits 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 on land within a municipal lakefront development project. A permit issued under this subsection may not be transferred. If the commission issues six (6) 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 six (6) 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. Notwithstanding any other law, the minimum bid for an initial permit under this subsection is ten thousand dollars ($10,000). (k) Except as provided in section 16.3 of this chapter, the commission may issue not more than nine (9) new three-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be a proprietor, as owner or lessee, or both, of a restaurant located: (1) within a motorsports investment district (as defined in IC 5-1-17.5-11); or (2) not more than one thousand five hundred (1,500) feet from a motorsports investment district. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues nine (9) 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 nine (9) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (l) Except as provided in section 16.3 of this chapter, the commission may issue not more than two (2) new three-way permits to sell alcoholic beverages for on-premises consumption for premises located within a qualified motorsports facility (as defined in IC 5-1-17.5-14). The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues two (2) 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 two (2) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (m) Except as provided in section 16.3 of this chapter, the commission may issue not more than three (3) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Auburn. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues three (3) 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 three (3) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (n) Except as provided in section 16.3 of this chapter, the commission may issue not more than three (3) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Kendallville. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues three (3) 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 three (3) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (o) Except as provided in section 16.3 of this chapter, the commission may issue not more than two (2) new three-way permits to sell alcoholic beverages for on-premises consumption in the city of Warsaw. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues two (2) 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 two (2) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (p) Except as provided in section 16.3 of this chapter, the commission may issue not more than one (1) new three-way permit to sell alcoholic beverages for on-premises consumption in the town of Winona Lake. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues one (1) new permit 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 one (1) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. (q) Except as provided in section 16.3 of this chapter, the commission may issue not more than one (1) new three-way permit to sell alcoholic beverages for on-premises consumption in the town of Syracuse. The ownership of a permit issued under this subsection and the location for which the permit was issued shall not be transferred. If the commission issues one (1) new permit 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 one (1) at any time. A permit holder and any lessee or proprietor of the permit premises are subject to the formal written commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission. The permit holder is not entitled to any refund or other compensation. [Pre-1973 Recodification Citation: 7-1-1-8(4)(d).] 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; P.L.71-2012, SEC.3; P.L.119-2012, SEC.80; P.L.176-2013, SEC.1; P.L.121-2015, SEC.2; P.L.131-2016, SEC.1; P.L.214-2016, SEC.17; P.L.285-2019, SEC.35; P.L.150-2021, SEC.1; P.L.172-2021, SEC.1; P.L.220-2021, SEC.3; P.L.104-2022, SEC.57; P.L.220-2023, SEC.8; P.L.73-2024, SEC.1; P.L.23-2026, SEC.48.

Ind. Code § 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 established by a city or town that is 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: (A) must border on at least one (1) side of a river; or (B) must border a lake that is: (i) at least seven hundred and fifty (750) acres; and (ii) completely within the boundaries of a municipality. (2) The proposed permit premises may not be located more than: (A) one thousand five hundred (1,500) feet; or (B) three (3) municipal blocks; from the river or the lake, whichever is greater. However, if the area adjacent to the river or the lake 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 municipal blocks located nearest to the river or the lake 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 municipal funds. (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) of the city or town 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 city or town legislative body authorizing the municipal riverfront development project. (3) Detailed information concerning the expenditures of state and municipal 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) municipal blocks; from the river or the lake, whichever is greater. However, if the area adjacent to the river or the lake 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 municipal blocks located nearest to the river or the lake 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; P.L.278-2019, SEC.166; P.L.22-2021, SEC.1; P.L.150-2021, SEC.2; P.L.73-2024, SEC.2.

Ind. Code § 7.1-3-20-16.2 Municipal lakefront development project; qualifications for permit; documentation; restriction on issuance of permit

Sec. 16.2. (a) This section applies to a municipal lakefront development project authorized under section 16(j) of this chapter. (b) In order to qualify for a permit, an applicant must demonstrate that the municipal lakefront development project area where the permit is to be located meets the following criteria: (1) The municipal lakefront development project area must be located in a city (as defined in IC 36-1-2-3). (2) All of the following must be located within the corporate boundaries of the city described in subdivision (1): (A) A city park. (B) A baseball stadium. (3) The project boundaries must border on Lake Michigan. (4) 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 Lake Michigan, whichever is greater. However, if the area adjacent to Lake Michigan 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 Lake Michigan that are capable of being developed. (5) 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. (6) The boundaries of the municipal lakefront development project must be designated by ordinance or resolution by the legislative body (as defined in IC 36-1-2-9) 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 lakefront 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 lakefront development project. (d) 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.176-2013, SEC.2. Amended by P.L.172-2021, SEC.2.

Ind. Code § 7.1-3-20-16.3 Sale of manufactured beer for carryout

Sec. 16.3. If the holder of a permit holds a: (1) permit issued under section 16(c) through 16(q) of this chapter or section 16.8 of this chapter to sell beer for on-premises consumption; and (2) permit for a brewery described in IC 7.1-3-2-7(5) that is located on or adjacent to the premises for which the permit holder holds a permit described in subdivision (1); the permit holder may sell for carryout, at the premises for which the permit holder holds a permit described in subdivision (1), beer manufactured at the brewery. As added by P.L.131-2016, SEC.2. Amended by P.L.214-2016, SEC.18; P.L.220-2023, SEC.9.

Ind. Code § 7.1-3-20-16.4 Restaurant permittee with interest in production facility; restaurant carryout sales of facility's products

Sec. 16.4. (a) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for: (1) a brewery described in IC 7.1-3-2-7(5); (2) a farm winery described in IC 7.1-3-12-3; (3) an artisan distillery described in IC 7.1-3-27-2; or (4) a combination of the entities described in subdivisions (1) through (3); that is located on or adjacent to the premises for which the permit was issued under section 16(e)(2) of this chapter, notwithstanding 905 IAC 1-29-2 and 905 IAC 1-41-2(c), the holder of the permit may sell carryout beer, wine, or spirits manufactured at the entity described in subdivisions (1) through (3) in the general merchandising area on the restaurant premises and in a self-serving display. Minors may be allowed in the general merchandising area of the restaurant. (b) If a holder of a permit issued under section 16(e)(2) of this chapter has an interest in a production facility permit for: (1) a brewery described in IC 7.1-3-2-7(5); (2) a farm winery described in IC 7.1-3-12-3; (3) an artisan distillery described in IC 7.1-3-27-2; or (4) a combination of the entities described in subdivisions (1) through (3); that is located on or adjacent to the premises for which the permit was issued under section 16(e)(2) of this chapter, the holder of the permit may allow a minor to participate in a nondrinking tour of the production facilities on the premises if the minor is accompanied by an adult as provided in IC 7.1-5-7-11(a)(27), IC 7.1-5-7-11(a)(28), and IC 7.1-5-7-11(a)(29), and the tour does not include allowing tour participants to consume, taste, or sample alcoholic beverages. As added by P.L.150-2021, SEC.3.

Ind. Code § 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. Amended by P.L.32-2021, SEC.16.

Ind. Code § 7.1-3-20-16.8 Permits in areas of economic development or redevelopment in certain municipalities

Note: This version of section effective until 3-12-2026. See also following version of this section, effective 3-12-2026. Sec. 16.8. (a) A permit that is authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22. (b) Except as provided in section 16.3 of this chapter, the commission may issue not more than four (4) new three-way permits to sell alcoholic beverages for on-premises consumption to applicants in each of the following municipalities: (1) Whitestown. (2) Lebanon. (3) Zionsville. (4) Westfield. (5) Carmel. (6) Fishers. (7) Noblesville. (c) The following apply to permits issued under subsection (b): (1) An applicant for a permit under subsection (b) must be a proprietor, as owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (b) may not exceed twenty-four (24) permits at any time. If any of the permits issued under subsection (b) are revoked or not renewed, the commission may issue only enough new permits to bring the total number of permits to twenty-four (24) active permits, with not more than four (4) in each municipality listed in subsection (b)(1) through (b)(6). (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (d) Except as provided in section 16.3 of this chapter, in addition to the permits issued to the town of Whitestown under subsection (c), the commission may issue to the town of Whitestown not more than: (1) three (3) new three-way permits; and (2) three (3) new two-way permits; under this subsection. (e) The following apply to permits issued under subsection (d): (1) An applicant for a permit under subsection (d)(1) or (d)(2) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (d) may not exceed the six (6) permits allocated by permit type, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (d)(1) or (d)(2) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (f) Except as provided in section 16.3 of this chapter, in addition to the permits issued to the city of Noblesville under subsection (c), the commission may issue to the city of Noblesville not more than ten (10) new three-way permits under this subsection. The new three-way permits may be issued as follows: (1) Three (3) new three-way permits in 2024. (2) Three (3) new three-way permits in 2025. (3) Four (4) new three-way permits in 2026. If the commission does not issue the amount of three-way permits allowed in subdivisions (1) through (3) in that year, any unissued permits will roll over and may be issued in a subsequent year. (g) The following apply to permits issued under subsection (f): (1) An applicant for a permit under subsection (f) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (f) may not exceed the ten (10) new three-way permits, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (f) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (h) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Delphi not more than two (2) new three-way permits under this subsection. (i) The following apply to permits issued under subsection (h): (1) An applicant for a permit under subsection (h) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (h) may not exceed the two (2) new three-way permits, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (h) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (j) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Warsaw not more than three (3) new three-way permits under this subsection. (k) The following apply to permits issued under subsection (j): (1) An applicant for a permit under subsection (j) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (j) may not exceed the three (3) new three-way permits, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (j) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (l) Except as provided in section 16.3 of this chapter, the commission may issue to the town of Syracuse not more than one (1) new three-way permit under this subsection. (m) The following apply to a permit issued under subsection (l): (1) An applicant for a permit under subsection (l) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (l) may not exceed the one (1) new three-way permit, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (l) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (n) Except as provided in section 16.3 of this chapter, the commission may issue to the town of Schererville not more than three (3) new three-way permits. The following applies to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the town's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the three (3) new three-way permits. (4) The town may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (o) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Lafayette not more than three (3) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the three (3) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (p) Except as provided in section 16.3 of this chapter, the commission may issue to the city of West Lafayette not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (q) Except as provided in section 16.3 of this chapter, the commission may issue a new three-way permit to an applicant who is a proprietor, as owner or lessee, or both, of a restaurant located within a transit development district established under IC 36-7.5-4.5 and located in the city of Michigan City. The commission may issue not more than eight (8) new three-way permits under this subsection. The following apply to a permit issued under this subsection: (1) The cost of an initial permit is forty thousand dollars ($40,000). (2) The total number of active permits issued under this subsection may not exceed the eight (8) new three-way permits. (3) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (4) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (5) Except as provided in subdivision (7), the ownership of the permit may not be transferred. (6) The permit may not be transferred from the premises for which the permit was issued. (7) If the area in which the permit issued to a premises is located is no longer designated as part of transit development district established under IC 36-7.5-4.5, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (r) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Delphi not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (s) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Bloomington not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. As added by P.L.214-2016, SEC.19. Amended by P.L.285-2019, SEC.36; P.L.220-2023, SEC.10; P.L.145-2024, SEC.9; P.L.152-2025, SEC.20; P.L.11-2026, SEC.1; P.L.23-2026, SEC.49.

Ind. Code § 7.1-3-20-16.8 Permits in areas of economic development or redevelopment in certain municipalities

Note: This version of section effective 3-12-2026. See also preceding version of this section, effective until 3-12-2026. Sec. 16.8. (a) A permit that is authorized by this section may be issued without regard to the quota provisions of IC 7.1-3-22. (b) Except as provided in section 16.3 of this chapter, the commission may issue not more than four (4) new three-way permits to sell alcoholic beverages for on-premises consumption to applicants in each of the following municipalities: (1) Whitestown. (2) Lebanon. (3) Zionsville. (4) Westfield. (5) Carmel. (6) Fishers. (7) Noblesville. (c) The following apply to permits issued under subsection (b): (1) An applicant for a permit under subsection (b) must be a proprietor, as owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (b) may not exceed twenty-four (24) permits at any time. If any of the permits issued under subsection (b) are revoked or not renewed, the commission may issue only enough new permits to bring the total number of permits to twenty-four (24) active permits, with not more than four (4) in each municipality listed in subsection (b)(1) through (b)(6). (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (d) Except as provided in section 16.3 of this chapter, in addition to the permits issued to the town of Whitestown under subsection (c), the commission may issue to the town of Whitestown not more than: (1) three (3) new three-way permits; and (2) three (3) new two-way permits; under this subsection. (e) The following apply to permits issued under subsection (d): (1) An applicant for a permit under subsection (d)(1) or (d)(2) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (d) may not exceed the six (6) permits allocated by permit type, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (d)(1) or (d)(2) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (f) Except as provided in section 16.3 of this chapter, in addition to the permits issued to the city of Noblesville under subsection (c), the commission may issue to the city of Noblesville not more than ten (10) new three-way permits under this subsection. The new three-way permits may be issued as follows: (1) Three (3) new three-way permits in 2024. (2) Three (3) new three-way permits in 2025. (3) Four (4) new three-way permits in 2026. If the commission does not issue the amount of three-way permits allowed in subdivisions (1) through (3) in that year, any unissued permits will roll over and may be issued in a subsequent year. (g) The following apply to permits issued under subsection (f): (1) An applicant for a permit under subsection (f) must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under subsection (f) may not exceed the ten (10) new three-way permits, as set forth in that subsection. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under subsection (f) is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (h) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Delphi not more than two (2) new three-way permits under this subsection. The following apply to permits issued under this subsection: (1) An applicant for a permit s must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under this subsection is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (i) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Warsaw not more than three (3) new three-way permits under this subsection. The following apply to permits issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the three (3) new three-way permits. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under this subsection is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (j) Except as provided in section 16.3 of this chapter, the commission may issue to the town of Syracuse not more than one (1) new three-way permit under this subsection. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the one (1) new three-way permit. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under this subsection is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (k) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Gary not more than ten (10) new three-way permits under this subsection. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in a municipality's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the ten (10) new three-way permits. (4) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of a permit may not be transferred. (7) A permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises under this subsection is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (l) Except as provided in section 16.3 of this chapter, the commission may issue to the town of Schererville not more than three (3) new three-way permits. The following applies to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the town's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the three (3) new three-way permits. (4) The town may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (m) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Lafayette not more than three (3) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the three (3) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (n) Except as provided in section 16.3 of this chapter, the commission may issue to the city of West Lafayette not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (o) Except as provided in section 16.3 of this chapter, the commission may issue a new three-way permit to an applicant who is a proprietor, as owner or lessee, or both, of a restaurant located within a transit development district established under IC 36-7.5-4.5 and located in the city of Michigan City. The commission may issue not more than eight (8) new three-way permits under this subsection. The following apply to a permit issued under this subsection: (1) The cost of an initial permit is forty thousand dollars ($40,000). (2) The total number of active permits issued under this subsection may not exceed the eight (8) new three-way permits. (3) The municipality may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (4) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (5) Except as provided in subdivision (7), the ownership of the permit may not be transferred. (6) The permit may not be transferred from the premises for which the permit was issued. (7) If the area in which the permit issued to a premises is located is no longer designated as part of a transit development district established under IC 36-7.5-4.5, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (p) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Delphi not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. (q) Except as provided in section 16.3 of this chapter, the commission may issue to the city of Bloomington not more than two (2) new three-way permits. The following apply to a permit issued under this subsection: (1) An applicant for a permit must be a proprietor, an owner or lessee, or both, of a restaurant located within an economic development area, an area needing redevelopment, or a redevelopment district as established under IC 36-7-14 in the city's: (A) downtown redevelopment district; or (B) downtown economic revitalization area. (2) The cost of an initial permit is forty thousand dollars ($40,000). (3) The total number of active permits issued under this subsection may not exceed the two (2) new three-way permits. (4) The city may adopt an ordinance under IC 7.1-3-19-17 requiring a permit holder to enter into a formal written commitment as a condition of eligibility for a permit. As set forth in IC 7.1-3-19-17(b), a formal written commitment is binding on the permit holder and on any lessee or proprietor of the permit premises. (5) Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more than six (6) months, the permit shall revert to the commission and the permit holder is not entitled to any refund or other compensation. (6) Except as provided in subdivision (8), the ownership of the permit may not be transferred. (7) The permit may not be transferred from the premises for which the permit was issued. (8) If the area in which the permit issued to a premises is located is no longer designated an economic development area, an area needing redevelopment, or a redevelopment district, a permit issued under this section may be renewed, and the ownership of the permit may be transferred, but the permit may not be transferred from the permit premises. As added by P.L.214-2016, SEC.19. Amended by P.L.285-2019, SEC.36; P.L.220-2023, SEC.10; P.L.145-2024, SEC.9; P.L.152-2025, SEC.20; P.L.11-2026, SEC.1; P.L.23-2026, SEC.49; P.L.153-2026, SEC.33.

Ind. Code § 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. [Pre-1973 Recodification Citations: 7-1-6-1; 7-1-6-2.] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 7.1-3-20-17.5 Dispensing and storing alcoholic beverage in event space of hotel or restaurant

Sec. 17.5. (a) As used in this section, "banquet or gathering space" means a room or space in which social events are hosted that is located on the licensed premises of a hotel or restaurant, including a contiguous area of the licensed premises. (b) As used in this section, "social event" means a party, banquet, wedding or other reception, or any other social event. (c) Subject to subsections (d) and (f), the holder of a retailer's permit issued for the premises of a hotel or restaurant that has a banquet or gathering space without a permanent bar over which alcoholic beverages may be sold or dispensed may temporarily amend the floor plans of the licensed premises to use the banquet or gathering space to sell, dispense, or securely store alcoholic beverages in the banquet or gathering space. (d) The holder of a retailer's permit shall notify and submit the amended floor plans described in subsection (c) to the commission not later than twenty-four (24) hours before the date the holder intends to sell, dispense, or securely store alcoholic beverages. (e) A holder of a retailer's permit who intends to: (1) sell or dispense alcoholic beverages; or (2) securely store alcoholic beverages; as described in this section remains subject to laws and rules requiring that the area in which minors are allowed be separate from the room or area in which the bar is located. (f) If the holder of a retailer's permit stores alcoholic beverages in a contiguous area of the licensed premises, the alcoholic beverages may be stored in any manner to keep or attain the holder's preferred temperature for the alcoholic beverages, including refrigerating the alcoholic beverages. (g) The commission must approve amended floor plans that are consistent with the requirements of this section. As added by P.L.133-2016, SEC.2; P.L.214-2016, SEC.20. Amended by P.L.270-2017, SEC.13.

Ind. Code § 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: (A) under one (1) continuous roof; or (B) under separate roofs if: (i) each sleeping room is on the same parcel of land or contiguous parcels of land as the main building in which a room described in subdivision (4) is operated; and (ii) the main building and sleeping rooms are operated by one (1) person, or under one (1) management. (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. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.35; P.L.214-2016, SEC.21.

Ind. Code § 7.1-3-20-18.6 Submission of hotel floor plan

Sec. 18.6. (a) If the commission issues a hotel permit for a hotel that meets the requirements of section 18(a)(2)(B) of this chapter, the holder of the hotel permit shall submit a floor plan or design to the commission of the premises where alcoholic beverages will be served and consumed, including any sleeping rooms of the hotel. (b) If the commission approves a floor plan or design described in subsection (a), the holder of the hotel permit may serve alcoholic beverages, as provided under the permit, to any building included in the floor plan or design. As added by P.L.214-2016, SEC.22.

Ind. Code § 7.1-3-20-18.7 College or university hotels; nonpermanent outside bars; service windows

Sec. 18.7. (a) This section applies to the premises of a hotel that is owned by an accredited college or university (as described in IC 24-4-11-2). (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a hotel may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee holds the appropriate permit, from a: (1) nonpermanent bar located on an outside patio or terrace; or (2) service window located on the licensed premises that opens to an outside patio or terrace; that is contiguous to the main building of the licensed premises of the hotel. (c) The holder of a retailer's permit that is issued for the premises of a hotel may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met: (1) The patio or terrace area described in subsection (b) is: (A) part of the licensed premises; and (B) clearly delineated and completely enclosed on all sides by a fence, rail, wall, or hedge that is at least four (4) feet in height. (2) Access to the nonpermanent bar or service window is limited by a barrier that reasonably deters free access by minors to the bar or window. (3) A conspicuous sign is posted by the barrier described in subdivision (2) that states that minors are not allowed to cross the barrier to enter the area near the nonpermanent bar or service window. As added by P.L.133-2016, SEC.3. Amended by P.L.214-2016, SEC.23; P.L.85-2017, SEC.34.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-8(4)(b).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.36.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-3(n).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.37.

Ind. Code § 7.1-3-20-22 Repealed

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

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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.

Ind. Code § 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 consumption on the licensed premises to an applicant who is the proprietor, as owner or lessee, or both, of retail space within a city market. The holder of a permit issued under this section may sell beer and wine for carryout. 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. Amended by P.L.64-2011, SEC.1.

Ind. Code § 7.1-3-20-26 Permits for historic indoor theaters

Sec. 26. (a) The commission may issue a one-way, two-way, or three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the owner of an indoor theater that: (1) is located in a city having a population of more than one hundred fifty thousand (150,000) and less than five hundred thousand (500,000); 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 and is subject to the quota requirements of IC 7.1-3-22-3. (b) The commission may issue a three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the owner of an indoor theater that is: (1) located in a city having a population of more than eighteen thousand (18,000) and less than twenty thousand (20,000); and (2) listed in the National Register of Historic Places maintained under the National Historic Preservation Act of 1966, as amended, as part of a national historic district. A permit issued under this subsection may not be transferred and is not subject to the quota requirements of IC 7.1-3-22-3. As added by P.L.10-2010, SEC.8. Amended by P.L.119-2012, SEC.81; P.L.11-2023, SEC.31; P.L.164-2025, SEC.9.

Ind. Code § 7.1-3-20-27 Restaurants and hotels; service bars

Sec. 27. (a) This section applies to the premises of a restaurant or hotel. (b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a restaurant or hotel may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee holds the appropriate permit, from a bar located on the licensed premises to an outside patio or terrace that is adjacent to the main building of the licensed premises of the restaurant or hotel. (c) The holder of a retailer's permit that is issued for the premises of a restaurant or hotel may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met: (1) The patio or terrace area described in subsection (b) is: (A) located: (i) within one hundred (100) feet of; and (ii) adjacent to; the main building of the licensed premises; and (B) clearly delineated and completely enclosed on all sides by a barrier that is at least eighteen (18) inches in height. (2) Minors are allowed on the licensed premises at an outside patio or terrace that contains a bar under subsection (b) only in accordance with IC 7.1-5-7-11. (d) A holder of a retailer's permit that is issued for the premises of a restaurant or hotel may not locate a patio or terrace area described in subsection (b) within any part of a public right-of-way, unless the permit holder does the following: (1) If the public right-of-way is owned or controlled by a local government, the permit holder must: (A) obtain written permission from the local government agency or department that manages the public right-of-way; and (B) provide a copy of the written permission upon the request of a commission employee or a law enforcement officer or agency. (2) If the public right-of-way is owned or controlled by the state, the permit holder must obtain written permission from the Indiana department of transportation. As added by P.L.133-2016, SEC.4. Amended by P.L.85-2017, SEC.35; P.L.167-2023, SEC.1; P.L.145-2024, SEC.10; P.L.164-2025, SEC.10.

Ind. Code § 7.1-3-20-28 Repealed

As added by P.L.285-2019, SEC.38. Repealed by P.L.145-2024, SEC.11.

Ind. Code § 7.1-3-20-28.5 Repealed

As added by P.L.285-2019, SEC.39. Amended by P.L.156-2020, SEC.31. Repealed by P.L.145-2024, SEC.12.

Ind. Code § 7.1-3-20-29 Food hall master permits

Sec. 29. (a) As used in this section, "food hall" means: (1) for a food hall described in subsection (c) or (d), the premises: (A) located within a retail shopping and food service district; and (B) to which a master permit is issued under this section; or (2) for a food hall described in subsection (e), the premises to which a master permit is issued under this section. (b) As used in this section, "master permit" means a food hall master permit issued under this section. (c) Except as provided in subsection (d), the commission may issue a master permit, which is a three-way retailer's permit for on-premises consumption, to a food hall located in a retail shopping and food service district that meets the following requirements: (1) The district consists of an area that: (A) has been redeveloped, renovated, or environmentally remediated in part with grants from the federal, state, or local government under IC 36-7-11; and (B) is entirely located within an incorporated city or town. (2) The district consists of land and a building or group of buildings that are part of a common development. (3) The district is located within a locally designated historic district under IC 36-7-11 established by a city or town ordinance. (4) The district contains at least one (1) building that: (A) is on the list of the National Register of Historic Places or qualifies as a historic building worthy of preservation under IC 36-7-11; and (B) has been approved for present commercial use by the local historic preservation commission of the city or town. (d) Subsection (c)(3) and (c)(4) does not apply to a food hall that meets one (1) of the following descriptions: (1) The food hall: (A) is located within a certified technology park established under IC 36-7-32; and (B) operates within a previously vacant building that was, or within a complex of buildings that were: (i) placed in service at least twenty-five (25) years prior to the redevelopment of the building or buildings; and (ii) owned by a unit of local government or a public charitable trust prior to redevelopment. (2) The food hall: (A) contains not less than ten (10) distinct nonaffiliated food and beverage vendors; and (B) is located within a mixed use development or redevelopment project with a total investment of at least one hundred million dollars ($100,000,000). (e) The commission may issue a master permit, which is a three-way retailer's permit for on-premises consumption, to a food hall that: (1) is located within a consolidated city; (2) is located within five hundred (500) feet of a building that: (A) is on the list of the National Register of Historic Places; or (B) qualifies as a historic building worthy of preservation under IC 36-7-11.1; and (3) contains not less than five (5) distinct nonaffiliated food and beverage vendors. (f) The commission may issue a master permit to the owner or developer of a food hall. The food hall constitutes a single permit premises that: (1) contains not less than: (A) seven (7), distinct, nonaffiliated retail food and beverage vendors, if the food hall is described in subsection (c) or (d); or (B) five (5), distinct, nonaffiliated retail food and beverage vendors, if the food hall is described in subsection (e); each of which may apply for a food hall vendor permit under section 30 of this chapter; and (2) has a seating capacity of the type traditionally designed for food and drink for at least one hundred (100) people. (g) An applicant for a master permit shall post notice and appear in front of the local board in which the permit premises is situated. The local board shall determine the eligibility of the applicant under this section and hear evidence in support of or against the master permit location. A master permit may not be transferred to a location outside the food hall permit premises. A permit that is inactive for more than six (6) months shall revert back to the commission or may be deposited with the commission under IC 7.1-3-1.1 with the commission's permission. (h) A master 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. (i) The commission may not require physical separation between a bar area and a dining area in a food hall. As added by P.L.285-2019, SEC.40. Amended by P.L.150-2021, SEC.4; P.L.194-2021, SEC.46; P.L.121-2022, SEC.1; P.L.145-2024, SEC.13; P.L.164-2025, SEC.11; P.L.23-2026, SEC.50.

Ind. Code § 7.1-3-20-30 Food hall vendor's permit

Sec. 30. (a) The definitions in section 29 of this chapter apply to this section. (b) As used in this section, "vendor's permit" means a food hall vendor's permit issued to an individual vendor operating within the premises of a food hall for which a master permit is issued under section 29 of this chapter. (c) The commission may issue a one-, two-, or three-way retailer's permit for on-premises consumption only to an applicant for a vendor's permit that has been approved by the commission to operate within a food hall. However, a vendor to which section 31 of this chapter applies may also sell the alcoholic beverages set forth in section 31(c) of this chapter for off the premises consumption. Each vendor that sells alcoholic beverages within the food hall must obtain a vendor's permit. (d) Each vendor permittee must satisfy the following requirements: (1) Each vendor permittee shall: (A) maintain the vendor permittee's own retail merchant's certificate; and (B) be responsible for the payment of the vendor permittee's own state gross retail taxes under IC 6-2.5 and withholding taxes required to be remitted under IC 6-3-4. (2) Each vendor permittee shall conform to all health and safety requirements of local and state agencies. (3) Each vendor permittee shall comply with all requirements under IC 7.1-5-9-15. (4) Each vendor permittee shall comply with IC 7.1-5-10-20 with regard to the vendor permittee's own food and beverage vending space. However, IC 7.1-5-10-20 does not prohibit a vendor permittee from establishing sale prices for drinks that are different from the sale prices for comparable drinks that are set by other vendor permittees. (5) Each vendor permittee is not required to comply with section 9(b) of this chapter. (6) Each vendor permittee is responsible to the commission for any and all violations of alcohol laws and rules associated with the vendor's permit. (7) Each applicant for a vendor's permit must comply with 905 IAC 1-36-1 and 905 IAC 1-36-2 and appear before the local alcohol board in the county in which the food hall vendor's permit will be situated. The local board shall only hear evidence on and determine the vendor's permit applicant's eligibility to hold a vendor's permit. (8) Any vendor permittee that desires to relocate its food and beverage space within the food hall premises may relocate upon the commission's approval of a floor plan change. (e) A vendor's 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. (f) A vendor's permit may not be transferred to a location outside the permit premises of the food hall. A vendor's permit that is inactive for more than six (6) months shall revert back to the commission or may be deposited with the commission subject to the approval of the commission. As added by P.L.285-2019, SEC.41. Amended by P.L.194-2021, SEC.47.

Ind. Code § 7.1-3-20-31 Carryout sales by certain vendor permittees

Sec. 31. (a) This section applies to the holder of a vendor's permit that owns in whole or in part: (1) a retailer's permit described in section 30(c) of this chapter; and (2) one (1) of the following: (A) A brewer's permit described in IC 7.1-3-2-7(5). (B) A farm winery permit described in IC 7.1-3-12-3. (C) An artisan distiller's permit described in IC 7.1-3-27. (b) The definitions in sections 29 and 30 of this chapter apply to this section. (c) A holder of a vendor's permit may sell for carryout at the premises for which the retailer's permit was issued: (1) beer manufactured under the brewer's permit, if the vendor's permit holder has a one-, two-, or three-way retailer's permit; (2) wine manufactured under the farm winery permit, if the vendor's permit holder has a two- or three-way retailer's permit; or (3) liquor manufactured under the artisan distiller's permit, if the vendor's permit holder has a three-way retailer's permit. As added by P.L.194-2021, SEC.48.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026