§ 7.1-3-1-29 — Senior residence facility campus exemption

(a) For purposes of this section, "health
facility" does not include an intermediate care facility for individuals
with intellectual disabilities.
(b) As used in this section, "senior residence facility" means a:
(1) health facility licensed under IC 16-28; or
(2) housing with services establishment (as defined in IC 12-10-15-3).
(c) For purposes of this section, "senior residence facility campus"
means a senior residence facility and the property on which a senior
residence facility is located.
(d) A senior residence facility may, without a permit issued under
this title, possess and give or furnish an alcoholic beverage, by the
bottle, by the container, or by the glass, on the premises of the senior
residence facility campus for consumption on the premises to any of
the following:
(1) A resident who:
(A) is not a minor; and
(B) resides on the premises of the senior residence facility.
(2) A guest or family member of a resident described in
subdivision (1) who:
(A) is not a minor; and
(B) is visiting the resident at the senior residence facility.
(e) Subject to subsection (f), this section may not be construed to
authorize a senior residence facility to sell alcoholic beverages on the
premises of the senior residence facility campus without a permit under
this title.
(f) For purposes of this section, a senior residence facility that:
(1) charges a:
(A) room and board fee to residents of the senior residence
facility; or
(B) fee for organizing activities for:
(i) residents of the senior residence facility; and
(ii) guests or family members of the residents;
(2) uses a portion of a fee described in subdivision (1) to:
(A) purchase alcoholic beverages; and
(B) furnish the alcoholic beverages to individuals described in
subsection (d); and
(3) does not purchase and furnish the alcoholic beverages for
profit;
is not considered to be selling alcoholic beverages.

Legislative History

As added by P.L.196-2015, SEC.6. Amended by P.L.35-2016, SEC.3; P.L.194-2021, SEC.25.