Ind. Code ch. 7.1-5-8

in effect

Ind. Code § 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.

Ind. Code § 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. (3) An order of the commission to suspend or revoke a permit or certificate issued under this title. [Pre-1973 Recodification Citation: 7-1-1-32(2).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.711; P.L.204-2001, SEC.54; P.L.153-2026, SEC.37.

Ind. Code § 7.1-5-8-2 Repealed

[Pre-1973 Recodification Citation: 7-1-1-32(3).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

Ind. Code § 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. [Pre-1973 Recodification Citation: 7-1-1-32(1).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.712.

Ind. Code § 7.1-5-8-4 Taking alcoholic beverages on licensed premises and serving setups; prohibition; exceptions

Sec. 4. (a) It is a Class B misdemeanor for a person who owns or operates a private or public restaurant or place of public or private entertainment to knowingly or intentionally 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 do 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. (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 the alcoholic beverages brought into the establishment are purchased by or donated to a qualified organization that is conducting an event in compliance with: (1) IC 7.1-3-6.1; (2) IC 7.1-3-6.2; or (3) IC 7.1-3-6.3. (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; P.L.163-2025, SEC.48.

Ind. Code § 7.1-5-8-4.6 Patrons taking wine into art instruction studio; food requirements; employee permit and server training required

Sec. 4.6. (a) As used in this section, "art instruction studio" means any commercial establishment that provides to its customers: (1) all required supplies; and (2) step-by-step instruction in creating a painting or other work of art; during a studio instructional session that is not conducted on a licensed premises. (b) As used in this section, "proprietor" means the proprietor of an art instruction studio who is at least twenty-one (21) years of age. (c) A proprietor may allow a patron who is at least twenty-one (21) years of age to bring one (1) seven hundred fifty (750) milliliter bottle of wine into the art instruction studio, if the requirements of this section are satisfied. (d) Wine that is brought into an art instruction studio must be: (1) in a sealed bottle; and (2) only for consumption by: (A) the patron; and (B) persons in the company of the patron who are at least twenty-one (21) years of age; while receiving art instruction. (e) The proprietor or an employee who is at least twenty-one (21) years of age may open and serve wine that is brought into the licensed premises by a patron. The proprietor may provide wine glasses and other barware for the use of patrons in opening and consuming wine brought into the art instruction studio. However, the proprietor or employee may not provide ice, mixers, or garnishes. (f) The proprietor and an employee who opens or serves wine: (1) must have successfully completed a server program or trainer program under IC 7.1-3-1.5; (2) must verify the age of a person consuming wine by examining: (A) a driver's license bearing the person's photograph; (B) a photographic identification card issued under IC 9-24-16-1, or a similar card, issued under the laws of another state or the federal government, showing the person's age; or (C) a government issued document bearing the person's photograph and showing the person to be at least twenty-one (21) years of age; and (3) is responsible for any violation of IC 7.1-5-10-15. (g) A proprietor who permits patrons to bring wine into the art instruction studio must make food available for consumption at the art instruction studio by: (1) allowing a vehicle of transportation that is a food establishment (as defined in IC 16-18-2-137) to serve food near the art studio; (2) placing menus in the art studio's premises of restaurants that will deliver food to the art studio; or (3) providing food prepared at the art studio. As added by P.L.285-2019, SEC.61.

Ind. Code § 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) 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.

Ind. Code § 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. (c) This section does not apply to a restaurant or place of public entertainment where the alcoholic beverages brought into the establishment are purchased by or donated to a qualified organization that is conducting an event in compliance with: (1) IC 7.1-3-6.1; (2) IC 7.1-3-6.2; or (3) IC 7.1-3-6.3. (d) 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. (e) 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. [Pre-1973 Recodification Citation: 7-1-1-32(17).] Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.714; P.L.94-2008, SEC.56; P.L.153-2015, SEC.14; P.L.121-2022, SEC.7; P.L.167-2023, SEC.7; P.L.163-2025, SEC.49.

Ind. Code § 7.1-5-8-7 Repealed

[Pre-1973 Recodification Citations: 7-1-2-1; 7-2-1-13.] Formerly: Acts 1973, P.L.55, SEC.1; Acts 1975, P.L.34, SEC.3. As amended by Acts 1977, P.L.2, SEC.36. Repealed by P.L.102-1989, SEC.8.

Ind. Code § 7.1-5-8-8 Repealed

[Pre-1973 Recodification Citation: 7-2-1-9(f).] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.51, SEC.8.

Ind. Code § 7.1-5-8-9 Purchase of beer from un-bonded brewery prohibited

Sec. 9. It is a Class C misdemeanor for a permittee to knowingly or intentionally purchase, receive, or import beer from a brewer or other person located outside this state unless the bond and agreement required by this title have been accepted by the commission and are currently effective. [Pre-1973 Recodification Citation: 7-2-2-2.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.159-2014, SEC.55.

Ind. Code § 7.1-5-8-10 Repealed

[Pre-1973 Recodification Citation: 7-3-2-4.] Formerly: Acts 1973, P.L.55, SEC.1. Repealed by Acts 1978, P.L.2, SEC.727.

Ind. Code § 7.1-5-8-11 Possessing, purchasing, selling, offering to sell, or using powdered or crystalline alcohol prohibited; exceptions

Sec. 11. (a) This section does not apply to the possession, purchase, or use of powdered or crystalline alcohol for bona fide research purposes by any of the following: (1) A hospital licensed under IC 16-21. (2) The Indiana department of health. (3) A state educational institution (as defined in IC 21-7-13-32). (4) A private college or university. (5) A pharmaceutical or biotechnology company. (b) A person who possesses, purchases, sells, offers to sell, or uses powdered or crystalline alcohol commits a Class B infraction. As added by P.L.70-2015, SEC.2. Amended by P.L.56-2023, SEC.45.

Ind. Code § 7.1-5-8-13 Refreshment area; permittee exceeding drink limit

Sec. 13. (a) As used in this section, "designated permittee" has the meaning set forth in IC 7.1-3-31-2. (b) As used in this section, "vendor" has the meaning set forth in IC 7.1-3-31-5. (c) A designated permittee or vendor who intentionally sells, furnishes, or gives a person for consumption in a refreshment area designated under IC 7.1-3-31: (1) an open container of an alcoholic beverage that exceeds the content limitations in IC 7.1-3-31-12; or (2) three (3) or more open containers of alcoholic beverages at a time; commits a Class C infraction. As added by P.L.167-2023, SEC.8.

Ind. Code § 7.1-5-8-14 Distribution of nitrous oxide

Sec. 14. If a person issued a permit or certificate by the commission under this title sells, distributes, or uses nitrous oxide or flavored nitrous oxide in violation of IC 35-46-6-3, the commission may suspend or revoke the permit or certificate and impose sanctions on the holder equal to the cost of disposing of the nitrous oxide or flavored nitrous oxide. As added by P.L.163-2025, SEC.50.

Source: Open US Law by Vaquill AI (CC BY 4.0)URL: https://iga.in.gov/laws/2026/ic/titles/7.1Fetched: 10/17/2026