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Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-3-20-27

Current as of January 02, 2024 | Updated by Findlaw Staff

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.

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Cite this article: FindLaw.com - Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-3-20-27 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-7-1-alcohol-and-tobacco/in-code-sect-7-1-3-20-27/

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