Sec. 28.5. (a) This section applies to the premises of a:
(1) civic center permit; or
(2) retailer's permit that operates as a recreational facility offering bowling, arcade games, and outside volleyball courts or other outside recreational games on the licensed premises.
(b) In accordance with subsection (c), the holder of a:
(1) civic center permit; or
(2) retailer's permit described in subsection (a)(2) which has a gross business of at least one million dollars ($1,000,000) in the retail sale of food;
may, subject to the approval of the commission, sell or dispense alcoholic beverages for which the permittee holds the appropriate permit, for on-premises consumption only, from a bar that is located on an outside patio, porch, veranda, terrace, or rooftop of a building that is contiguous to the main building of the licensed premises.
(c) The holder of the civic center or retailer's permit described in subsection (a)(2) may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met:
(1) The outside area described in subsection (b) is:
(A) part of the licensed premises; and
(B) clearly delineated in some manner by a fence, hedge, rail, wall, or similar barrier.
(2) Except as provided in IC 7.1-5-7-11, if minors are allowed on the premises:
(A) the bar area must be separated from the outside dining area where minors may be served by a structure or barrier that reasonably deters free access and egress, without requirement for doors or gates; and
(B) a conspicuous sign must be posted by the barrier described in clause (A) stating that minors may not cross the barrier to enter the bar area.
As added by P.L.285-2019, SEC.39. Amended by P.L.156-2020, SEC.31.
Structure Indiana Code
Title 7.1. Alcohol and Tobacco
Chapter 20. Clubs, Restaurants, and Hotels
7.1-3-20-0.1. Application of Certain Amendments to Chapter
7.1-3-20-1. Clubs; General Requirements
7.1-3-20-2. Clubs Within Corporate Limits
7.1-3-20-3. Clubs Outside Corporate Limits
7.1-3-20-4. Clubs Outside Corporate Limits; Exception
7.1-3-20-5. Clubs; Two Locations
7.1-3-20-6. Member of a Club; Qualifications
7.1-3-20-7. Fraternal Clubs; Labor Organizations
7.1-3-20-8. Club; Enabling Ordinance Required
7.1-3-20-8.5. Discriminatory Practices
7.1-3-20-9. Restaurants; General Requirements
7.1-3-20-9.5. Restaurant Carryout Sales; Eligibility
7.1-3-20-9.6. Resealing Wine Bottle Purchased With Meal
7.1-3-20-10. Restaurants Within Corporate Limits
7.1-3-20-11. Restaurants; Unincorporated Town Exception
7.1-3-20-11.5. Restaurants; Small City Provision
7.1-3-20-12. Restaurants Outside Corporate Limits
7.1-3-20-13. New Restaurants Outside Corporate Limits
7.1-3-20-13.5. Public Restaurant at Golf Course or Tennis Club; Gross Food Sales Requirement
7.1-3-20-13.6. Golf Course Clubhouse; Sale From Golf Cart
7.1-3-20-14. Restaurants Outside Corporate Limits; Nonrenewals
7.1-3-20-16.1. Municipal Riverfront Development Project; Alcoholic Beverage Permit Requirements
7.1-3-20-16.3. Sale of Manufactured Beer for Carryout
7.1-3-20-16.5. Restaurants in Historic Places or Districts; Retailer's Permits
7.1-3-20-16.8. Permits in Areas of Economic Development or Redevelopment in Certain Municipalities
7.1-3-20-17.5. Dispensing and Storing Alcoholic Beverage in Event Space of Hotel or Restaurant
7.1-3-20-18. Hotels; General Requirements
7.1-3-20-18.6. Submission of Hotel Floor Plan
7.1-3-20-18.7. College or University Hotels; Nonpermanent Outside Bars; Service Windows
7.1-3-20-19. Hotels Within Corporate Limits
7.1-3-20-20. Hotels Outside Corporate Limits
7.1-3-20-23. Hotels; In-Room Vending Units
7.1-3-20-24. Licensed Permit Premises Used Exclusively as Catering Hall
7.1-3-20-26. Permit for Historic Theater
7.1-3-20-27. Restaurants; Service Windows
7.1-3-20-28.5. Patio or Rooftop of Civic Center or Recreational Facility
7.1-3-20-29. Food Hall Master Permit