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Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-3-20-29

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

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 for 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 for 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.

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Cite this article: FindLaw.com - Indiana Code Title 7.1. Alcohol and Tobacco § 7.1-3-20-29 - last updated January 02, 2024 | https://codes.findlaw.com/in/title-7-1-alcohol-and-tobacco/in-code-sect-7-1-3-20-29/

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