§ 14-18-2-3 — Contents of leases and contracts

(a) As used in this section, "inn" means a
public facility that has the following:
(1) At least twenty (20) rooms for the accommodation of
overnight guests.
(2) A dining room that offers table service for at least forty (40)
individuals at one (1) time during normal dining hours.
(b) A lease and contract authorized by this chapter must include in
its terms the following provisions and conditions:
(1) The legal description of the leasehold. A survey for the
description is not required.
(2) The term of the lease. The term may not exceed forty (40)
years with two (2) additional options to renew of thirty (30) years
each.
(3) Provision for the submission of complete plans and
specifications to the department for review and written approval
before beginning any construction.
(4) The manner of payment of rental.
(5) The facilities provided will be available to the public without
discrimination and at charges designed to make the facilities
available to a maximum number of the citizens of Indiana.
(6) That the rates and fees charged for goods and services on the
leased area will be in accord with those charged at similar
developments in the area.
(7) The disposition of the leasehold and improvements at the
termination of the lease.
(8) Except as provided in subsections (c) and (e), if the lease and
contract concerns state owned land under the management and
control of the department, including state parks, a prohibition on
the sale or public display of alcoholic beverages on the premises.
(c) A lease and contract authorized by this chapter may permit in its
terms the retail sale of alcoholic beverages for consumption on the
licensed premises of an inn if the lessee or concessionaire applies for
and secures the necessary permits required by IC 7.1.
(d) A lease and contract authorized by this chapter may permit in its
terms the retail sale of alcoholic beverages for consumption on the
licensed premises of a public golf course if:
(1) the lease and contract concerns federally owned land that is:
(A) under the control and management of the department; and
(B) located on Brookville Reservoir; and
(2) the lessee or concessionaire applies for and secures the
necessary permits required by IC 7.1.
(e) A lease and contract authorized by this chapter may permit in its
terms the retail sale of alcoholic beverages for consumption on the
licensed premises of:
(1) a pavilion located within Indiana Dunes State Park, and within
one hundred (100) feet of the pavilion and the pavilion parking
lot; or
(2) a marina located:
(A) within the Newton-Stewart State Recreational Area; and
(B) within Orange County;
if the lessee or concessionaire applies for and secures the necessary
permits required by IC 7.1.
(f) The retail sale of alcoholic beverages on licensed premises
described in subsections (c), (d), and (e) is subject to any other
applicable alcoholic beverage provisions under the Indiana Code and
any rule adopted to implement any other applicable alcoholic beverage
provisions under the Indiana Code.
(g) A lease and contract may prescribe other terms and conditions
that the department considers necessary and advisable to carry out the
intent and purposes of this chapter.
[Pre-1995 Recodification Citation: 14-3-8-3.]

Legislative History

As added by P.L.1-1995, SEC.11. Amended by P.L.71-2012, SEC.10; P.L.70-2014, SEC.6; P.L.121-2015, SEC.3; P.L.196-2015, SEC.23.