Section 7.1-5-8-5 - Taking alcoholic beverage on licensed premises; exceptions(a) This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine:(1) described in IC 7.1-1-2-3(a)(4); and(2) not sold or offered for sale.(b) This section does not apply to a person at a facility that is used in connection with the operation of a track that is used primarily in the sport of auto racing.(c) This section does not apply to a person at an outdoor place of public entertainment that: (1) has an area of at least four (4) acres and not more than six (6) acres;(2) is located within one (1) mile of the White River;(3) is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and(4) is used primarily in connection with live music concerts.(d) This section does not apply to a person who brings wine into an art instruction studio or consumes wine that is brought into the art instruction studio in accordance with section 4.6 of this chapter.(e) This section does not apply to a craft manufacturer (as defined in IC 7.1-3-30-1) at an event held on the licensed premises of a host permittee (as defined in IC 7.1-3-30-1) under a temporary craft manufacturer hospitality permit issued under IC 7.1-3-30.(f) This section does not apply to a person who brings an alcoholic beverage:(1) purchased from: (A) a vendor (as defined in IC 7.1-3-31-5); or(B) a designated permittee (as defined in IC 7.1-3-31-2); and(2) into a licensed premises: (A) of a permittee who may or may not be a designated permittee (as defined in IC 7.1-3-31-2); and(B) that is located within a refreshment area designated under IC 7.1-3-31.(g) It is a Class C misdemeanor for a person, for the person's own use, to knowingly carry on, convey to, or consume on or about the licensed premises of a permittee an alcoholic beverage that was not then and there purchased from that permittee.Pre-1973 Recodification Citation: 7-1-1-32(8).
Amended by P.L. 167-2023,SEC. 6, eff. 7/1/2023.Amended by P.L. 121-2022,SEC. 6, eff. 7/1/2022.Amended by P.L. 285-2019,SEC. 62, eff. 7/1/2019.(Formerly: Acts1973 , P.L. 55, SEC.1.) As amended by Acts1978 , P.L. 2, SEC.713; P.L. 177-1999, SEC.8; P.L. 136-2000, SEC.5; P.L. 204-2001, SEC.56; P.L. 94-2008, SEC.55.