§ 7.1-3-20-16 — Restaurants; airports; certain economic development areas; redevelopment projects or districts; historic river vessels; cultural centers; historic districts; motorsport development districts; premises in qualified motorsports facilities; certain municipalities

Indiana § 7.1-3-20-16

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 20: Clubs, Restaurants, and Hotels

Text

(a) A permit that is authorized by this
section may be issued without regard to the quota provisions of IC 7.1-3-22.
(b) The commission may issue a three-way permit to sell alcoholic
beverages for on-premises consumption only to an applicant who is the
proprietor, as owner or lessee, or both, of a restaurant facility in the
passenger terminal complex of a publicly owned airport. A permit
issued under this subsection shall not be transferred to a location off
the airport premises.
(c) Except as provided in sections 16.3 and 16.4 of this chapter, the
commission may issue a three-way, two-way, or one-way permit to sell
alcoholic beverages for on-premises consumption only to an applicant
who is the proprietor, as owner or lessee, or both, of a restaurant within
a redevelopment project consisting of a building or group of buildings
that:
(1) was formerly used as part of a union railway station;
(2) has been listed in or is within a district that has been listed in
the federal National Register of Historic Places maintained
pursuant to the National Historic Preservation Act of 1966, as
amended; and
(3) has been redeveloped or renovated, with the redevelopment or
renovation being funded in part with grants from the federal,
state, or local government.
A permit issued under this subsection shall not be transferred to a
location outside of the redevelopment project.
(d) Subject to section 16.1 of this chapter and except as provided in
section 16.3 of this chapter, the commission may issue a three-way,
two-way, or one-way permit to sell alcoholic beverages for on-premises
consumption only to an applicant who is the proprietor, as owner or
lessee, or both, of a restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project established by a city
or town and funded in part with state and municipal funds. The
ownership of a permit issued under this subsection and the location for
which the permit was issued may not be transferred. The legislative
body of the city or town in which the municipal riverfront development
project is located shall recommend to the commission sites that are
eligible to be permit premises. The commission shall consider, but is
not required to follow, the municipal legislative body's
recommendation in issuing a permit under this subsection. A permit
holder and any lessee or proprietor of the permit premises are subject
to the formal written commitment required under IC 7.1-3-19-17.
Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations
cease at the permit premises for more than six (6) months, the permit
shall revert to the commission. The permit holder is not entitled to any
refund or other compensation.
(e) Except as provided in sections 16.3 and 16.4 of this chapter, the
commission may issue a three-way, two-way, or one-way permit to sell
alcoholic beverages for on-premises consumption only to an applicant
who is the proprietor, as owner or lessee, or both, of a restaurant within
a renovation project consisting of:
(1) a building that:
(A) was formerly used as part of a passenger and freight railway
station; and
(B) was built before 1900; or
(2) a complex of buildings that:
(A) is part of an economic development area established under
IC 36-7-14; and
(B) includes, as part of the renovation project, the use and
repurposing of two (2) or more buildings and structures that
are:
(i) at least seventy-five (75) years old; and
(ii) located at a site at which manufacturing previously
occurred over a period of at least seventy-five (75) years.
The permit authorized by this subsection may be issued without regard
to the proximity provisions of IC 7.1-3-21-11.
(f) Except as provided in section 16.3 of this chapter, the
commission may issue a three-way permit for the sale of alcoholic
beverages for on-premises consumption at a cultural center for the
visual and performing arts to the following:
(1) A town having a population of more than twenty-three
thousand (23,000) and less than twenty-three thousand nine
hundred (23,900) located in a county having a population of more
than four hundred thousand (400,000) and less than seven
hundred thousand (700,000).
(2) A city that has an indoor theater as described in section 26 of
this chapter.
(g) Except as provided in section 16.3 of this chapter, the
commission may issue not more than fifteen (15) new three-way,
two-way, or one-way permits to sell alcoholic beverages for
on-premises consumption to applicants, each of whom must be the
proprietor, as owner or lessee, or both, of a restaurant located within a
district, or not more than one thousand five hundred (1,500) feet from
a district, that meets the following requirements:
(1) The district has been listed in the National Register of Historic
Places maintained under the National Historic Preservation Act
of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
The legislative body of the municipality in which the district is located
shall recommend to the commission sites that are eligible to be permit
premises. The commission shall consider, but is not required to follow,
the municipal legislative body's recommendation in issuing a permit
under this subsection. An applicant is not eligible for a permit if, less
than two (2) years before the date of the application, the applicant sold
a retailer's permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this section or within
one thousand five hundred (1,500) feet of the district. The ownership
of a permit issued under this subsection and the location for which the
permit was issued shall not be transferred. A permit holder and any
lessee or proprietor of the permit premises is subject to the formal
written commitment required under IC 7.1-3-19-17. Notwithstanding
IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the
permit premises for more than six (6) months, the permit shall revert
to the commission. The permit holder is not entitled to any refund or
other compensation. The total number of active permits issued under
this subsection may not exceed fifteen (15) at any time. The cost of an
initial permit issued under this subsection is twenty-five thousand
dollars ($25,000).
(h) Except as provided in section 16.3 of this chapter, the
commission may issue a three-way permit for the sale of alcoholic
beverages for on-premises consumption to an applicant who will locate
as the proprietor, as owner or lessee, or both, of a restaurant within an
economic development area under IC 36-7-14 in:
(1) a town having a population of more than twenty thousand
(20,000); or
(2) a city having a population of more than forty-nine thousand
four hundred (49,400) and less than fifty thousand (50,000);
located in a county having a population of more than one hundred
twenty thousand (120,000) and less than one hundred thirty thousand
(130,000). The commission may issue not more than five (5) licenses
under this section to premises within a municipality described in
subdivision (1) and not more than five (5) licenses to premises within
a municipality described in subdivision (2). The commission shall
conduct an auction of the permits under IC 7.1-3-22-9, except that the
auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial license under this subsection is thirty-five thousand dollars
($35,000), and the renewal fee for a license under this subsection is one
thousand three hundred fifty dollars ($1,350). Before the district
expires, a permit issued under this subsection may not be transferred.
After the district expires, a permit issued under this subsection may be
renewed, and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(i) After June 30, 2006, and except as provided in section 16.3 of
this chapter, the commission may issue not more than five (5) new
three-way, two-way, or one-way permits to sell alcoholic beverages for
on-premises consumption to applicants, each of whom must be the
proprietor, as owner or lessee, or both, of a restaurant located within a
district, or not more than five hundred (500) feet from a district, that
meets all of the following requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as established
under IC 36-7-14.
(2) A unit of the National Park Service is partially located within
the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant sold
a retailers' permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this subsection or
within five hundred (500) feet of the district. A permit issued under this
subsection may not be transferred. If the commission issues five (5)
new permits under this subsection, and a permit issued under this
subsection is later revoked or is not renewed, the commission may
issue another new permit, as long as the total number of active permits
issued under this subsection does not exceed five (5) at any time. The
commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as
determined by the commission.
(j) Subject to section 16.2 of this chapter and except as provided in
section 16.3 of this chapter, the commission may issue not more than
six (6) new three-way, two-way, or one-way permits to sell alcoholic
beverages for on-premises consumption only to an applicant who is the
proprietor, as owner or lessee, or both, of a restaurant on land within a
municipal lakefront development project. A permit issued under this
subsection may not be transferred. If the commission issues six (6) new
permits under this subsection, and a permit issued under this subsection
is later revoked or is not renewed, the commission may issue another
new permit, as long as the total number of active permits issued under
this subsection does not exceed six (6) at any time. The commission
shall conduct an auction of the permits under IC 7.1-3-22-9, except that
the auction may be conducted at any time as determined by the
commission. Notwithstanding any other law, the minimum bid for an
initial permit under this subsection is ten thousand dollars ($10,000).
(k) Except as provided in section 16.3 of this chapter, the
commission may issue not more than nine (9) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants,
each of whom must be a proprietor, as owner or lessee, or both, of a
restaurant located:
(1) within a motorsports investment district (as defined in IC 5-1-17.5-11); or
(2) not more than one thousand five hundred (1,500) feet from a
motorsports investment district.
The ownership of a permit issued under this subsection and the location
for which the permit was issued shall not be transferred. If the
commission issues nine (9) new permits under this subsection, and a
permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
nine (9) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1,
if business operations cease at the permit premises for more than six
(6) months, the permit shall revert to the commission. The permit
holder is not entitled to any refund or other compensation.
(l) Except as provided in section 16.3 of this chapter, the
commission may issue not more than two (2) new three-way permits to
sell alcoholic beverages for on-premises consumption for premises
located within a qualified motorsports facility (as defined in IC 5-1-17.5-14). The ownership of a permit issued under this subsection
and the location for which the permit was issued shall not be
transferred. If the commission issues two (2) new permits under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed two (2) at any time. A permit holder and any lessee or
proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business operations cease at the permit
premises for more than six (6) months, the permit shall revert to the
commission. The permit holder is not entitled to any refund or other
compensation.
(m) Except as provided in section 16.3 of this chapter, the
commission may issue not more than three (3) new three-way permits
to sell alcoholic beverages for on-premises consumption in the city of
Auburn. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues three (3) new permits under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
three (3) at any time. A permit holder and any lessee or proprietor of
the permit premises are subject to the formal written commitment
required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if
business operations cease at the permit premises for more than six (6)
months, the permit shall revert to the commission. The permit holder
is not entitled to any refund or other compensation.
(n) Except as provided in section 16.3 of this chapter, the
commission may issue not more than three (3) new three-way permits
to sell alcoholic beverages for on-premises consumption in the city of
Kendallville. The ownership of a permit issued under this subsection
and the location for which the permit was issued shall not be
transferred. If the commission issues three (3) new permits under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed three (3) at any time. A permit holder and any lessee
or proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more
than six (6) months, the permit shall revert to the commission. The
permit holder is not entitled to any refund or other compensation.
(o) Except as provided in section 16.3 of this chapter, the
commission may issue not more than two (2) new three-way permits to
sell alcoholic beverages for on-premises consumption in the city of
Warsaw. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues two (2) new permits under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
two (2) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6) months,
the permit shall revert to the commission. The permit holder is not
entitled to any refund or other compensation.
(p) Except as provided in section 16.3 of this chapter, the
commission may issue not more than one (1) new three-way permit to
sell alcoholic beverages for on-premises consumption in the town of
Winona Lake. The ownership of a permit issued under this subsection
and the location for which the permit was issued shall not be
transferred. If the commission issues one (1) new permit under this
subsection, and a permit issued under this subsection is later revoked
or is not renewed, the commission may issue another new permit, as
long as the total number of active permits issued under this subsection
does not exceed one (1) at any time. A permit holder and any lessee or
proprietor of the permit premises are subject to the formal written
commitment required under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business operations cease at the permit premises for more
than six (6) months, the permit shall revert to the commission. The
permit holder is not entitled to any refund or other compensation.
(q) Except as provided in section 16.3 of this chapter, the
commission may issue not more than one (1) new three-way permit to
sell alcoholic beverages for on-premises consumption in the town of
Syracuse. The ownership of a permit issued under this subsection and
the location for which the permit was issued shall not be transferred. If
the commission issues one (1) new permit under this subsection, and
a permit issued under this subsection is later revoked or is not renewed,
the commission may issue another new permit, as long as the total
number of active permits issued under this subsection does not exceed
one (1) at any time. A permit holder and any lessee or proprietor of the
permit premises are subject to the formal written commitment required
under IC 7.1-3-19-17. Notwithstanding IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6) months,
the permit shall revert to the commission. The permit holder is not
entitled to any refund or other compensation.
[Pre-1973 Recodification Citation: 7-1-1-8(4)(d).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.85-1985, SEC.14; P.L.78-1986, SEC.6; P.L.103-1989, SEC.2;
P.L.72-1991, SEC.2; P.L.12-1992, SEC.56; P.L.277-1993(ss),
SEC.131; P.L.15-1994, SEC.6; P.L.170-2002, SEC.55; P.L.155-2005,
SEC.1; P.L.214-2005, SEC.48; P.L.224-2005, SEC.16; P.L.1-2006,
SEC.148; P.L.165-2006, SEC.27; P.L.10-2010, SEC.7; P.L.71-2012,
SEC.3; P.L.119-2012, SEC.80; P.L.176-2013, SEC.1; P.L.121-2015,
SEC.2; P.L.131-2016, SEC.1; P.L.214-2016, SEC.17; P.L.285-2019,
SEC.35; P.L.150-2021, SEC.1; P.L.172-2021, SEC.1; P.L.220-2021,
SEC.3; P.L.104-2022, SEC.57; P.L.220-2023, SEC.8; P.L.73-2024,
SEC.1.