§ 7.1-3-9-12 — Alcoholic beverage self-service in suites and grab and go stores

Indiana § 7.1-3-9-12

• Jurisdiction: Indiana
• Art. 3: PERMITS
• Ch. 9: Liquor Retailers' Permits

Text

(a) This section applies to:
(1) the holder of a three-way permit that is issued to a civic
center, a sports arena, a stadium, an exhibition hall, an
auditorium, a theater, a tract that contains a premises that is
described in IC 7.1-3-1-14(d)(2), or a convention center; or
(2) the holder of a catering permit while catering alcoholic
beverages at a civic center, a sports arena, a stadium, an
exhibition hall, an auditorium, a theater, a tract that contains a
premises that is described in IC 7.1-3-1-14(d)(2), or a convention
center.
(b) As used in this section, "grab and go store" means an area in a
building or facility referred to in subsection (a) that satisfies all of the
following:
(1) The area customarily offers food, alcoholic beverages,
nonalcoholic beverages, and other items for sale.
(2) The area is:
(A) within a tract that contains a premises that is described in
IC 7.1-3-1-14(d)(2);
(B) in close proximity or adjacent to the concourse of or within
the building or facility; or
(C) within a restricted access club area of or within the building
or facility.
(3) The area is:
(A) delineated by nonpermanent stanchions or some other
barrier providing for clear entrance and exit points; and
(B) indicated on the floor plan approved by the commission.
(4) The area is accessible only by persons who possess a ticket to
an event held in the building or facility.
The term does not include a suite, restaurant, lounge, or concession
area, even if access to the suite, restaurant, lounge, or concession area
is limited to certain ticket holders. However, a grab and go store may
operate within a restricted access club area that is in close proximity,
adjacent to, or within a restaurant or lounge.
(c) As used in this section, "suite" means an area in a building or
facility referred to in subsection (a) that:
(1) is not accessible to the general public;
(2) has accommodations for not more than seventy-five (75)
persons per suite; and
(3) is accessible only to persons who possess a ticket:
(A) to an event in a building or facility referred to in subsection
(a); and
(B) that entitles the person to occupy the area while viewing the
event described in clause (A).
The term does not include a restaurant, lounge, or concession area,
even if access to the restaurant, lounge, or concession area is limited to
certain ticket holders.
(d) A permittee may allow the self-service of individual servings of
alcoholic beverages in a suite or grab and go store.
(e) A person who:
(1) possesses a ticket described in subsection (b)(4) or (c)(3); and
(2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite or grab and go store by
self-service.
(f) A permittee may do any of the following:
(1) Demand that a person occupying a suite provide:
(A) a written statement under IC 7.1-5-7-4; or
(B) identification indicating that the person is at least
twenty-one (21) years of age.
(2) Supervise the self-service of alcoholic beverages in the suite.
(3) Have an employee in the suite who has a valid server
certificate under IC 7.1-3-1.5 and holds an employee permit under
IC 7.1-3-18-9 to serve the alcoholic beverages.
(g) In a grab and go store, a permittee shall do the following:
(1) Require a purchaser to provide proof of age in accordance
with IC 7.1-5-10-23.
(2) Ensure all employees are at least twenty-one (21) years of age.
(3) Have employees supervise the self-service of alcoholic
beverages.
(4) Have an employee present during the store's business hours
who has a valid server certificate under IC 7.1-3-1.5 and holds an
employee permit under IC 7.1-3-18-9 to sell alcoholic beverages
to ensure compliance with this title, including compliance with IC 7.1-5-7-8 and IC 7.1-5-10-15.
(5) Sell a purchaser not more than two (2) servings of alcoholic
beverages at one (1) time.

Legislative History

As added by P.L.72-2004, SEC.8. Amended by P.L.1-2018, SEC.3; P.L.194-2021, SEC.38.