Ind. Code ch. 7.1-3-31

in effect

Ind. Code § 7.1-3-31-1 "Craft manufacturer"

Sec. 1. As used in this chapter, "craft manufacturer" means a person who holds: (1) a small brewery permit under IC 7.1-3-2-7(5); (2) a farm winery permit under IC 7.1-3-12; or (3) an artisan distiller's permit under IC 7.1-3-27. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-2 "Designated permittee"

Sec. 2. As used in this chapter, "designated permittee" means a permittee that: (1) holds a retailer or craft manufacturer permit located within a refreshment area; (2) has submitted a completed application to the municipality to participate in the refreshment area as a designated permittee; and (3) is designated by the commission under section 9 of this chapter. As added by P.L.167-2023, SEC.4. Amended by P.L.145-2024, SEC.19.

Ind. Code § 7.1-3-31-3 "Municipality"

Sec. 3. As used in this chapter, "municipality" means a city or town. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-4 "Refreshment area"

Sec. 4. As used in this chapter, "refreshment area" means an outdoor area that a municipality designates as a refreshment area as provided in this chapter. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-5 "Vendor"

Sec. 5. As used in this chapter, "vendor" means a person issued a temporary vendor designation under section 10 of this chapter and either: (1) a temporary beer or wine permit; or (2) a supplemental catering permit. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-6 Refreshment area designation; effect

Sec. 6. If a municipality designates a refreshment area under this chapter, a person may: (1) exit the licensed premises of a designated permittee or vendor with not more than two (2) open containers of an alcoholic beverage at a time; and (2) consume the alcoholic beverage within the refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-7 Restrictions; requirements

Sec. 7. (a) A designated refreshment area is subject to IC 7.1-3-21-11. (b) A municipality may not establish more than seven (7) refreshment areas. (c) A municipality shall designate at least one (1) designated permittee for each refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-8 Ordinance; minimum requirements

Sec. 8. (a) To designate one (1) or more refreshment areas, the municipal legislative body must adopt an ordinance that includes at least the following: (1) A map of the refreshment area in sufficient detail to identify the refreshment area's boundaries. (2) The boundaries of the refreshment area, by street addresses. (3) The locations of the proposed designated permittees and vendors within the refreshment area. (4) A statement that the refreshment area is consistent with the municipality's zoning ordinance. (5) The number, spacing, and type of signage designating the refreshment area. (6) The dates and the hours of operation for the refreshment area, which may not violate IC 7.1-3-1-14. (b) The ordinance may include any other provisions regarding the operation of the refreshment area, including: (1) the posting of signs by retailer permittees and other businesses within the refreshment area that indicate whether the retailer permittee or business is participating in the refreshment area and whether an individual may enter with an open container; (2) requiring designated permittees and vendors to use only nonbreakable plastic bottles, plastic cups, or paper cups for alcoholic beverages consumed in the refreshment area; (3) requiring bottles or cups to be affixed with a logo that identifies the container for use only in the refreshment area; (4) providing a public safety plan for the refreshment area; or (5) providing a sanitation plan for the refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-9 Application to commission

Sec. 9. (a) The municipality shall submit the following to the commission: (1) The application for approval of the refreshment area. (2) The completed applications received by the municipality from retailer permittees to participate in the refreshment area as designated permittees. (3) The ordinance adopted by the municipality under section 8 of this chapter. The commission shall review the ordinance for compliance with this chapter. (b) If the ordinance is approved, the commission shall issue a refreshment area designation to each retailer permittee whose application was submitted by the municipality and approved by the commission. The commission may approve a refreshment area and issue refreshment area designations to retailer permittees without publication of notice or investigation before a local board. The commission may not charge a fee for designating a retailer permittee. (c) Designated permittees and vendors shall comply with the applicable public health and safety requirements established by ordinance for the refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-10 Vendor designation

Sec. 10. (a) Except as provided in subsection (b), a person who is not a designated permittee for the area must obtain a permit described in section 5 of this chapter and a temporary vendor designation to participate in an event or festival held within a refreshment area. The commission may only charge a fee for the temporary beer or wine permit. The commission may issue the permit and designation without publication of notice or investigation before a local board. (b) A craft manufacturer may participate in an event or festival held within a refreshment area as provided in the craft manufacturer's scope of permit. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-11 Refreshment area dissolution

Sec. 11. A municipal legislative body may adopt an ordinance dissolving a refreshment area at any time. The municipal legislative body shall notify the chair of the commission that the refreshment area is dissolved. Upon receipt of the notice, the commission shall revoke all refreshment area designations issued within the dissolved refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-12 Drink limitations

Sec. 12. (a) A designated permittee or vendor within the refreshment area may allow a person to exit the designated permittee's or vendor's licensed premises with not more than two (2) open containers of an alcoholic beverage at a time. The contents of an open container may not exceed the following: (1) Beer or flavored malt beverage of not more than sixteen (16) ounces. (2) Wine, cider, or hard seltzer of not more than twelve (12) ounces. (3) A mixed drink of not more than ten (10) ounces containing not more than two (2) ounces of liquor. (b) A municipality may not require a designated permittee or vendor to purchase containers for alcoholic beverages from a certain vendor. As added by P.L.167-2023, SEC.4. Amended by P.L.152-2025, SEC.24.

Ind. Code § 7.1-3-31-13 Right of business owner to refuse entry

Sec. 13. A person may consume an alcoholic beverage purchased from a designated permittee or vendor anywhere within the refreshment area boundaries, subject to the right of any retailer permittee or business within the refreshment area to refuse to allow individuals to enter the licensed premises or business with an alcoholic beverage. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-14 Consumption of drink purchased outside the refreshment area prohibited

Sec. 14. A person may not consume an alcoholic beverage within a refreshment area that was purchased outside of the refreshment area. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-15 Outdoor dining

Sec. 15. If a designated permittee in a refreshment area includes outdoor dining: (1) the designated permittee may serve alcoholic beverages in open containers during the hours of operation and in the areas authorized by the retailer permit; (2) glass containers may be allowed in the outdoor dining areas but may not be removed from those areas into the refreshment area; and (3) no fencing or other enclosure of the outdoor dining area is required. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-16 Signs required

Sec. 16. A sign must be posted at each exit of a designated permittee and on the licensed premises of a vendor that informs the public of the following: (1) Any open alcoholic beverage containers purchased within the refreshment area must remain within the refreshment area. (2) Possessing an open container of alcoholic beverages in a motor vehicle may constitute a Class C infraction under IC 9-30-15. (3) The dates the refreshment area will be open if the refreshment area has date restrictions. As added by P.L.167-2023, SEC.4.

Ind. Code § 7.1-3-31-17 Commission prescribes form

Sec. 17. In accordance with IC 7.1-2-3-3, the commission shall prescribe the form for a retailer permittee to apply for approval from the commission as a designated permittee. As added by P.L.167-2023, SEC.4.

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