Section 16-42-5-30 - Exemption from food establishment requirements; standards for farm winery and small brewery permit holders at festivals, fairs, and other temporary locations; licensure, registration, and certification requirements by local units prohibited(a) As used in this section, "permit holder" means the holder of: (1) a farm winery permit under IC 7.1-3-12-5; or(2) a brewer's permit under IC 7.1-3-2-7(5).(b) A permit holder that sells or furnishes alcoholic beverages by the glass at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, is not considered to be a food establishment and is exempt from the requirements of this title that apply to food establishments, if the following requirements are met:(1) The holder of a farm winery permit furnishes only the following for consumption on the premises, regardless of whether there is a charge: (B) Wine by the glass. The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the wine after the wine is poured from its original container.
(2) The holder of a brewer's permit furnishes only the following for consumption on the premises, regardless of whether there is a charge: (B) Beer by the glass. The holder may not serve or furnish any food, including any fruit, condiment, flavoring, or garnish added to the beer after the beer is poured from its original container.
(c) A local unit of government (as defined in IC 14-22-31.5-1) may not require any licensure, registration, or certification of a permit holder as a condition of providing alcoholic beverages at a festival, fair, or other temporary location authorized by the permit holder's permit under IC 7.1, if the permit holder meets the requirements of this section.Added by P.L. 144-2015, SEC. 6, eff. 7/1/2015.