This text of Indiana § 7.1-3-20-16.1 (Municipal riverfront development project; alcoholic beverage permit
requirements) is published on Counsel Stack Legal Research, covering Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
1.
(a)This section applies to a municipal
riverfront development project established by a city or town that is
authorized under section 16(d) of this chapter.
(b)In order to qualify for a permit, an applicant must demonstrate
that the municipal riverfront development project area where the permit
is to be located meets the following criteria:
(1)The project boundaries:
(A)must border on at least one (1) side of a river; or
(B)must border a lake that is:
(i)at least seven hundred and fifty (750) acres; and
(ii)completely within the boundaries of a municipality.
(2)The proposed permit premises may not be located more than:
(A)one thousand five hundred (1,500) feet; or
(B)three (3) municipal blocks;
from the river or the lake, whichever is greater. However, if the
area adjacent to t
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1. (a) This section applies to a municipal
riverfront development project established by a city or town that is
authorized under section 16(d) of this chapter.
(b) In order to qualify for a permit, an applicant must demonstrate
that the municipal riverfront development project area where the permit
is to be located meets the following criteria:
(1) The project boundaries:
(A) must border on at least one (1) side of a river; or
(B) must border a lake that is:
(i) at least seven hundred and fifty (750) acres; and
(ii) completely within the boundaries of a municipality.
(2) The proposed permit premises may not be located more than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) municipal blocks;
from the river or the lake, whichever is greater. However, if the
area adjacent to the river or the lake is incapable of being
developed because the area is in a floodplain, or for any other
reason that prevents the area from being developed, the distances
described in clauses (A) and (B) are measured from the municipal
blocks located nearest to the river or the lake that are capable of
being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment project
area, an urban renewal area, or a redevelopment area
established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district under IC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement district designated
under IC 36-7-13-12.1.
(4) The project must be funded in part with state and municipal
funds.
(5) The boundaries of the municipal riverfront development
project must be designated by ordinance or resolution by the
legislative body (as defined in IC 36-1-2-9) of the city or town in
which the project is located.
(c) Proof of compliance with subsection (b) must consist of the
following documentation, which is required at the time the permit
application is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfront
development project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the city or town
legislative body authorizing the municipal riverfront development
project.
(3) Detailed information concerning the expenditures of state and
municipal funds on the municipal riverfront development project.
(d) Notwithstanding subsection (b), the commission may issue a
permit for premises, the location of which does not meet the criteria of
subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and section 16(d) of this
chapter are satisfied.
(2) The proposed premises is located not more than:
(A) three thousand (3,000) feet; or
(B) six (6) municipal blocks;
from the river or the lake, whichever is greater. However, if the
area adjacent to the river or the lake is incapable of being
developed because the area is in a floodplain, or for any other
reason that prevents the area from being developed, the distances
described in clauses (A) and (B) are measured from the municipal
blocks located nearest to the river or the lake that are capable of
being developed.
(3) The permit applicant satisfies the criteria established by the
commission by rule adopted under IC 4-22-2. The criteria
established by the commission may require that the proposed
premises be located in an area or district set forth in subsection
(b)(3).
(4) The permit premises may not be located less than two hundred
(200) feet from facilities owned by a state educational institution.
(e) A permit may not be issued if the proposed permit premises is
the location of an existing three-way permit subject to IC 7.1-3-22-3.