§ 7.1-3-20-30 — Food hall vendor's permit

Indiana § 7.1-3-20-30

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

Text

(a) The definitions in section 29 of this
chapter apply to this section.
(b) As used in this section, "vendor's permit" means a food hall
vendor's permit issued to an individual vendor operating within the
premises of a food hall for which a master permit is issued under
section 29 of this chapter.
(c) The commission may issue a one-, two-, or three-way retailer's
permit for on-premises consumption only to an applicant for a vendor's
permit that has been approved by the commission to operate within a
food hall. However, a vendor to which section 31 of this chapter
applies may also sell the alcoholic beverages set forth in section 31(c)
of this chapter for off the premises consumption. Each vendor that sells
alcoholic beverages within the food hall must obtain a vendor's permit.
(d) Each vendor permittee must satisfy the following requirements:
(1) Each vendor permittee shall:
(A) maintain the vendor permittee's own retail merchant's
certificate; and
(B) be responsible for the payment of the vendor permittee's
own state gross retail taxes under IC 6-2.5 and withholding
taxes required to be remitted under IC 6-3-4.
(2) Each vendor permittee shall conform to all health and safety
requirements of local and state agencies.
(3) Each vendor permittee shall comply with all requirements
under IC 7.1-5-9-15.
(4) Each vendor permittee shall comply with IC 7.1-5-10-20 with
regard to the vendor permittee's own food and beverage vending
space. However, IC 7.1-5-10-20 does not prohibit a vendor
permittee from establishing sale prices for drinks that are different
from the sale prices for comparable drinks that are set by other
vendor permittees.
(5) Each vendor permittee is not required to comply with section
9(b) of this chapter.
(6) Each vendor permittee is responsible to the commission for
any and all violations of alcohol laws and rules associated with
the vendor's permit.
(7) Each applicant for a vendor's permit must comply with 905
IAC 1-36-1 and 905 IAC 1-36-2 and appear before the local
alcohol board in the county in which the food hall vendor's permit
will be situated. The local board shall only hear evidence on and
determine the vendor's permit applicant's eligibility to hold a
vendor's permit.
(8) Any vendor permittee that desires to relocate its food and
beverage space within the food hall premises may relocate upon
the commission's approval of a floor plan change.
(e) A vendor's 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.
(f) A vendor's permit may not be transferred to a location outside the
permit premises of the food hall. A vendor's permit that is inactive for
more than six (6) months shall revert back to the commission or may
be deposited with the commission subject to the approval of the
commission.

Legislative History

As added by P.L.285-2019, SEC.41. Amended by P.L.194-2021, SEC.47.