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.
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