§ 7.1-3-21-11 — Premises near wall of school or church

(a) As used in this section, "craft
manufacturer" means:
(1) a small brewery under IC 7.1-3-2-7(5);
(2) a farm winery under IC 7.1-3-12, including any additional
locations of the farm winery operated under IC 7.1-3-12-5(b); or
(3) an artisan distillery under IC 7.1-3-27.
(b) As used in this section, "designated refreshment area" means a
refreshment area designated under IC 7.1-3-31.
(c) As used in this section, "wall" means a wall of a building. The
term does not include a boundary wall.
(d) Except as provided in subsections (e), (i), and (j), the
commission may not issue a permit for a premises or approve a
designated refreshment area if both of the following apply:
(1) A wall of a school or church is situated within two hundred
(200) feet of:
(A) a wall of the premises; or
(B) a boundary of the designated refreshment area.
(2) A permit has not been issued for the premises under the
provisions of Acts 1933, Chapter 80.
(e) This section does not apply to the premises of a:
(1) grocery store, drug store, restaurant, hotel, catering hall,
designated refreshment area, craft manufacturer, or location for
which the use of a supplemental catering permit has been
approved if:
(A) a wall of a church or school is situated within two hundred
(200) feet of:
(i) a wall of the premises; or
(ii) a boundary of the designated refreshment area;
(B) the commission receives a written statement from the
authorized representative of the church or school stating
expressly that the church or school does not object to the
issuance of the permit for the premises or approval of the
designated refreshment area; and
(C) the commission determines that the church or school does
not object to the issuance of the permit for the premises or
approval of the designated refreshment area; or
(2) church or school that applies for a temporary beer or wine
permit.
(f) The commission shall base its determination under subsection
(e)(1)(C) solely on the written statement of the authorized
representative of the church or school.
(g) If the commission does not receive the written statement of the
authorized representative of the church or school, the premises of the
grocery store, drug store, restaurant, hotel, catering hall, designated
refreshment area, craft manufacturer, or location for which the use of
a supplemental catering permit has been approved may not obtain the
waiver allowed under this section.
(h) If the commission determines that the church or school does not
object, this section and section 10 of this chapter do not apply to the
permit premises of the grocery store, drug store, restaurant, hotel, craft
manufacturer, catering hall, or designated refreshment area on a
subsequent renewal or transfer of ownership.
(i) If the commission:
(1) receives a written statement from the authorized
representative of a church or school as described in subsection
(e)(1)(B); and
(2) determines the church or school does not object as described
in subsection (e)(1)(C);
the commission may not consider subsequent objections from the
church or school to the issuance of the same permit type at the same
premises location.
(j) The commission may issue a permit for a premises or approve a
designated refreshment area if the wall of the premises or the boundary
of the designated refreshment area and the wall of a church are
separated by at least eighty-five (85) feet, including a two (2) lane road
of at least thirty (30) feet in width.
[Pre-1973 Recodification Citation: 7-1-1-5(19).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by
P.L.77-1997, SEC.1; P.L.204-2001, SEC.39; P.L.196-2015, SEC.15;
P.L.285-2019, SEC.42; P.L.194-2021, SEC.56; P.L.167-2023,
SEC.3.