Indiana § 7.1-5-8-5 Taking alcoholic beverage on licensed premises; exceptions

Indiana Statutes

§ 7.1-5-8-5 — Taking alcoholic beverage on licensed premises; exceptions

Indiana·Art. 5 CRIMES AND INFRACTIONS·Ch. 8 Miscellaneous Prohibited Activities

(a)This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine:

(1)described in IC 7.1-1-2-3(a)(4); and

(2)not sold or offered for sale.

(b)This section does not apply to a person at a facility that is used in connection with the operation of a track that is used primarily in the sport of auto racing.

(c)This section does not apply to a person at an outdoor place of public entertainment that:

(1)has an area of at least four (4) acres and not more than six (6) acres;

(2)is located within one (1) mile of the White River;

(3)is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and

(4)is used primarily in connection with live music concerts

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(a) This section does not apply to a person who,
on or about a licensed premises, carries, conveys, or consumes beer or
wine:
(1) described in IC 7.1-1-2-3(a)(4); and
(2) not sold or offered for sale.
(b) This section does not apply to a person at a facility that is used
in connection with the operation of a track that is used primarily in the
sport of auto racing.
(c) This section does not apply to a person at an outdoor place of
public entertainment that:
(1) has an area of at least four (4) acres and not more than six (6)
acres;
(2) is located within one (1) mile of the White River;
(3) is owned and operated by a nonprofit corporation exempt from
federal income taxation under Section 501(c)(3) of the Internal
Revenue Code; and
(4) is used primarily in connection with live music concerts.
(d) This section does not apply to a person who brings wine into an
art instruction studio or consumes wine that is brought into the art
instruction studio in accordance with section 4.6 of this chapter.
(e) This section does not apply to a craft manufacturer (as defined
in IC 7.1-3-30-1) at an event held on the licensed premises of a host
permittee (as defined in IC 7.1-3-30-1) under a temporary craft
manufacturer hospitality permit issued under IC 7.1-3-30.
(f) This section does not apply to a person who brings an alcoholic
beverage:
(1) purchased from:
(A) a vendor (as defined in IC 7.1-3-31-5); or
(B) a designated permittee (as defined in IC 7.1-3-31-2); and
(2) into a licensed premises:
(A) of a permittee who may or may not be a designated
permittee (as defined in IC 7.1-3-31-2); and
(B) that is located within a refreshment area designated under
IC 7.1-3-31.
(g) It is a Class C misdemeanor for a person, for the person's own
use, to knowingly carry on, convey to, or consume on or about the
licensed premises of a permittee an alcoholic beverage that was not
then and there purchased from that permittee.
[Pre-1973 Recodification Citation: 7-1-1-32(8).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978,
P.L.2, SEC.713; P.L.177-1999, SEC.8; P.L.136-2000, SEC.5;
P.L.204-2001, SEC.56; P.L.94-2008, SEC.55; P.L.285-2019, SEC.62;
P.L.121-2022, SEC.6; P.L.167-2023, SEC.6.

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