Ind. Code § 7.1-3-9-12

Current through P.L. 171-2024
Section 7.1-3-9-12 - Alcoholic beverage self-service in suites and grab and go stores
(a) This section applies to:
(1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(d)(2), or a convention center; or
(2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(d)(2), or a convention center.
(b) As used in this section, "grab and go store" means an area in a building or facility referred to in subsection (a) that satisfies all of the following:
(1) The area customarily offers food, alcoholic beverages, nonalcoholic beverages, and other items for sale.
(2) The area is:
(A) within a tract that contains a premises that is described in IC 7.1-3-1-14(d)(2);
(B) in close proximity or adjacent to the concourse of or within the building or facility; or
(C) within a restricted access club area of or within the building or facility.
(3) The area is:
(A) delineated by nonpermanent stanchions or some other barrier providing for clear entrance and exit points; and
(B) indicated on the floor plan approved by the commission.
(4) The area is accessible only by persons who possess a ticket to an event held in the building or facility.

The term does not include a suite, restaurant, lounge, or concession area, even if access to the suite, restaurant, lounge, or concession area is limited to certain ticket holders. However, a grab and go store may operate within a restricted access club area that is in close proximity, adjacent to, or within a restaurant or lounge.

(c) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:
(1) is not accessible to the general public;
(2) has accommodations for not more than seventy-five (75) persons per suite; and
(3) is accessible only to persons who possess a ticket:
(A) to an event in a building or facility referred to in subsection (a); and
(B) that entitles the person to occupy the area while viewing the event described in clause (A).

The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.

(d) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite or grab and go store.
(e) A person who:
(1) possesses a ticket described in subsection (b)(4) or (c)(3); and
(2) is at least twenty-one (21) years of age;

may obtain an alcoholic beverage in a suite or grab and go store by self-service.

(f) A permittee may do any of the following:
(1) Demand that a person occupying a suite provide:
(A) a written statement under IC 7.1-5-7-4; or
(B) identification indicating that the person is at least twenty-one (21) years of age.
(2) Supervise the self-service of alcoholic beverages in the suite.
(3) Have an employee in the suite who has a valid server certificate under IC 7.1-3-1.5 and holds an employee permit under IC 7.1-3-18-9 to serve the alcoholic beverages.
(g) In a grab and go store, a permittee shall do the following:
(1) Require a purchaser to provide proof of age in accordance with IC 7.1-5-10-23.
(2) Ensure all employees are at least twenty-one (21) years of age.
(3) Have employees supervise the self-service of alcoholic beverages.
(4) Have an employee present during the store's business hours who has a valid server certificate under IC 7.1-3-1.5 and holds an employee permit under IC 7.1-3-18-9 to sell alcoholic beverages to ensure compliance with this title, including compliance with IC 7.1-5-7-8 and IC 7.1-5-10-15.
(5) Sell a purchaser not more than two (2) servings of alcoholic beverages at one (1) time.

IC 7.1-3-9-12

Amended by P.L. 194-2021,SEC. 38, eff. 4/29/2021.
Amended by P.L. 1-2018,SEC. 3, eff. 2/28/2018.
As added by P.L. 72-2004, SEC.8.