§ 7.1-3-20-29 — Food hall master permits

(a) As used in this section, "food hall"
means:
(1) for a food hall described in subsection (c) or (d), the premises:
(A) located within a retail shopping and food service district;
and
(B) to which a master permit is issued under this section; or
(2) for a food hall described in subsection (e), the premises to
which a master permit is issued under this section.
(b) As used in this section, "master permit" means a food hall master
permit issued under this section.
(c) Except as provided in subsection (d), the commission may issue
a master permit, which is a three-way retailer's permit for on premises
consumption, to a food hall located in a retail shopping and food
service district that meets the following requirements:
(1) The district consists of an area that:
(A) has been redeveloped, renovated, or environmentally
remediated in part with grants from the federal, state, or local
government under IC 36-7-11; and
(B) is entirely located within an incorporated city or town.
(2) The district consists of land and a building or group of
buildings that are part of a common development.
(3) The district is located within a locally designated historic
district under IC 36-7-11 established by a city or town ordinance.
(4) The district contains at least one (1) building that:
(A) is on the list of the National Register for Historic Places or
qualifies as a historic building worthy of preservation under IC 36-7-11; and
(B) has been approved for present commercial use by the local
historic preservation commission of the city or town.
(d) Subsection (c)(3) and (c)(4) does not apply to a food hall that
meets one (1) of the following descriptions:
(1) The food hall:
(A) is located within a certified technology park established
under IC 36-7-32; and
(B) operates within a previously vacant building that was, or
within a complex of buildings that were:
(i) placed in service at least twenty-five (25) years prior to the
redevelopment of the building or buildings; and
(ii) owned by a unit of local government or a public
charitable trust prior to redevelopment.
(2) The food hall:
(A) contains not less than ten (10) distinct nonaffiliated food
and beverage vendors; and
(B) is located within a mixed use development or
redevelopment project with a total investment of at least one
hundred million dollars ($100,000,000).
(e) The commission may issue a master permit, which is a three-way
retailer's permit for on premises consumption, to a food hall that:
(1) is located within a consolidated city;
(2) is located within five hundred (500) feet of a building that:
(A) is on the list of the National Register for Historic Places; or
(B) qualifies as a historic building worthy of preservation under
IC 36-7-11.1; and
(3) contains not less than five (5) distinct nonaffiliated food and
beverage vendors.
(f) The commission may issue a master permit to the owner or
developer of a food hall. The food hall constitutes a single permit
premises that:
(1) contains not less than:
(A) seven (7), distinct, nonaffiliated retail food and beverage
vendors, if the food hall is described in subsection (c) or (d); or
(B) five (5), distinct, nonaffiliated retail food and beverage
vendors, if the food hall is described in subsection (e);
each of which may apply for a food hall vendor permit under
section 30 of this chapter; and
(2) has a seating capacity of the type traditionally designed for
food and drink for at least one hundred (100) people.
(g) An applicant for a master permit shall post notice and appear in
front of the local board in which the permit premises is situated. The
local board shall determine the eligibility of the applicant under this
section and hear evidence in support of or against the master permit
location. A master permit may not be transferred to a location outside
the food hall permit premises. A permit that is inactive for more than
six (6) months shall revert back to the commission or may be deposited
with the commission under IC 7.1-3-1.1 with the commission's
permission.
(h) A master permit authorized by this section may be issued
without regard to the proximity provisions of IC 7.1-3-21-11 or the
quota provisions of IC 7.1-3-22.
(i) The commission may not require physical separation between a
bar area and a dining area in a food hall.

Legislative History

As added by P.L.285-2019, SEC.40. Amended by P.L.150-2021, SEC.4; P.L.194-2021, SEC.46; P.L.121-2022, SEC.1; P.L.145-2024, SEC.13; P.L.164-2025, SEC.11.