905 Ind. Admin. Code 1-43.1-9

Current through October 31, 2024

Section 905 IAC 1-43.1-9 - Nature of business; times when sales are legal

Authority: IC 7.1-3-17.5-5

Affected: IC 4-31; IC 4-33-2-10; IC 4-35; IC 7.1

Sec. 9.

(a) The nature of the business conducted by the person who holds a gaming site permit issued by the commission must be the business of an authorized gambling operation under IC 4-33-2-10 or IC 4-35 in order for alcoholic beverages to be dispensed within the defined permit premises.

(b) In order for the permittee to sell and serve alcoholic beverages at the permit premises during an event not related to an authorized gambling operation, prior written approval must be obtained from the commission. This approval must be obtained at least fifteen (15) days prior to the nonauthorized gambling operation event or activity.

(c) In order for the permittee to sell and serve alcoholic beverages at a location other than a bar clearly designated on the floor plans on file with the commission, prior written approval must be obtained at least fifteen (15) days prior to the event.

(d) When evaluating a request to sell and serve alcoholic beverages for activities other than authorized gambling activity, the commission shall consider the following:

(1) The nature of the activity to be conducted on the premises and whether the activity is incompatible with the sale of alcoholic beverages.

(2) The times during which the permittee seeks to make alcoholic beverages available.

(3) Whether the permittee has adequate security for the activity.

(4) Whether the permittee has been granted required approval by the:

(A) law enforcement department that has jurisdiction over the venue of the permit premises;

(B) board of county commissioners;

(C) county council; or

(D) town executive; for the activity.

(5) Whether the Indiana gaming commission or the Indiana horse racing commission has placed limitations on the use of the permit premises for the activity.

(6) Other related reasons that may be enumerated by the following:

(A) IC 4-33 and 68 IAC.

(B) IC 4-31, IC 4-35, and 71 IAC.

(7) Other factors that may be considered under IC 7.1 or this rule.

905 IAC 1-43.1-9

Alcohol and Tobacco Commission; 905 IAC 1-43.1-9; filed Dec 2, 2008, 3:59 p.m.: 20081231-IR-905080196FRA

Readopted filed 11/16/2015, 2:55 p.m.: 20151216-IR-905150254RFA

Readopted filed 8/25/2021, 9:24 a.m.: 20210922-IR-905210227RFA

Filed 3/22/2023, 3:06 p.m.: 20230419-IR-905220263FRA