2013 Indiana Code
TITLE 7.1. ALCOHOL AND TOBACCO
ARTICLE 5. CRIMES AND INFRACTIONS
CHAPTER 8. MISCELLANEOUS PROHIBITED ACTIVITIES


Download as PDF IC 7.1-5-8 Chapter 8. Miscellaneous Prohibited Activities IC 7.1-5-8-0.3 Intent and purpose of certain amendments made to chapter Sec. 0.3. The intent and purpose of the amendments made to sections 4, 5, and 6 of this chapter by P.L.94-2008 are the promotion of performing arts in Indiana. As added by P.L.220-2011, SEC.179. IC 7.1-5-8-1 Hindering enforcement of title prohibited Sec. 1. It is a Class C misdemeanor for a person to recklessly hinder, obstruct, interfere with, or prevent the observance or enforcement of any of the following: (1) A provision of this title. (2) A rule or regulation of the commission adopted in the administration of this title. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.711; P.L.204-2001, SEC.54. IC 7.1-5-8-2 Repealed (Repealed by Acts 1978, P.L.2, SEC.727.) IC 7.1-5-8-3 Wood alcohol as beverage prohibited Sec. 3. Wood Alcohol As Beverage Prohibited. It is a Class A misdemeanor for a person knowingly to give, furnish, barter, keep for sale, or deliver a preparation, liquid, fluid, or drink, or other substance likely or intended to be used as a beverage, that contains wood alcohol. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.712. IC 7.1-5-8-4 Taking alcoholic beverage on licensed premises and serving setups prohibited Sec. 4. (a) It is unlawful for a person who owns or operates a private or public restaurant or place of public or private entertainment to permit another person to come into the establishment with an alcoholic beverage for sale or gift, or for consumption in the establishment by that person or another, or to serve a setup to a person who comes into the establishment. However, the provisions of this section shall not apply to the following: (1) A private room hired by a guest of a bona fide club or hotel that holds a retail permit. (2) A facility that is used in connection with the operation of a paved track that is used primarily in the sport of auto racing. (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. (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. (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. IC 7.1-5-8-5 Taking alcoholic beverage on licensed premises; exceptions Sec. 5. (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) 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. (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. IC 7.1-5-8-6 Taking liquor into restaurants prohibited; exception Sec. 6. (a) It is a Class C misdemeanor for a person to knowingly carry liquor into a restaurant or place of public entertainment for the purpose of consuming it, displaying it, or selling, furnishing, or giving it away to another person on the premises, or for the purpose of having it served to himself or another person, then and there. It is a Class C misdemeanor to knowingly consume liquor brought into a public establishment in violation of this section. (b) 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. (Formerly: Acts 1973, P.L.55, SEC.1.) As amended by Acts 1978, P.L.2, SEC.714; P.L.94-2008, SEC.56. IC 7.1-5-8-7 Repealed (Repealed by P.L.102-1989, SEC.8.) IC 7.1-5-8-8 Repealed (Repealed by Acts 1978, P.L.51, SEC.8.) IC 7.1-5-8-9 Purchase of beer from un-bonded brewery prohibited Sec. 9. Purchase of Beer from Un-Bonded Brewery Prohibited. It is unlawful for a permittee to purchase, receive, or import beer from a brewer or other person located outside this state unless the bond and agreement required by the provisions of IC 1971, 7.1-3-2, have been accepted by the commission and are currently effective. (Formerly: Acts 1973, P.L.55, SEC.1.) IC 7.1-5-8-10 Repealed (Repealed by Acts 1978, P.L.2, SEC.727.)

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