Indiana Code 7.1-5-8-4. Taking alcoholic beverages on licensed premises and serving setups; prohibition; exceptions
(1) A private room hired by a guest of a bona fide club or hotel that holds a retail permit.
Attorney's Note
Under the Indiana Code, punishments for crimes depend on the classification. In the case of this section:| Class | Prison | Fine |
|---|---|---|
| Class B misdemeanor | up to 180 days | up to $1,000 |
Terms Used In Indiana Code 7.1-5-8-4
- Charity: An agency, institution, or organization in existence and operating for the benefit of an indefinite number of persons and conducted for educational, religious, scientific, medical, or other beneficent purposes.
- Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
- Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
(3) An outdoor place of public entertainment that:
(A) has an area of at least four (4) acres and not more than six (6) acres;
(B) is located within one (1) mile of the White River;
(C) is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
(D) is used primarily in connection with live music concerts.
(4) 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.
(b) An establishment operated in violation of this section is declared to be a public nuisance and subject to abatement as other public nuisances are abated under the provisions of this title.
(c) This section does not apply to a person who owns or operates a private or public restaurant or place of public or private entertainment where a qualified organization is conducting:
(1) an allowable event to which IC 7.1-3-6.1 applies, and the alcoholic beverage brought into the establishment is:
(A) in sealed bottles or cases; and
(B) donated to or purchased by the qualified organization to be offered as a prize in the allowable event; or
(2) a charity auction to which IC 7.1-3-6.2 applies, and the alcoholic beverage brought into the establishment is:
(A) in sealed bottles or cases; and
(B) donated to or purchased by the qualified organization to be offered for sale in the charity auction.
(d) This section does not apply to an art instruction studio under section 4.6 of this chapter.
[Pre-1973 Recodification Citation: 7-2-1-10.]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.136-2000, SEC.4; P.L.204-2001, SEC.55; P.L.94-2008, SEC.54; P.L.159-2014, SEC.54; P.L.153-2015, SEC.13; P.L.285-2019, SEC.60; P.L.121-2022, SEC.5.