News/Pubs/Events

ATC Updates Regarding Indiana Entering Stage 4.5

Governor Holcomb announced Indiana (except Elkhart County) will enter Stage 4.5​ from July 4 to July 17, which represents a two week delay from entering the final Stage 5. Below is information released by the Indiana Alcohol & Tobacco Commission regarding Indiana moving to Stage 4.5.

Through at least July 17, dining room food service may continue operations at up to 75% capacity as long as social distancing is observed. Bar seating in restaurants may continue operations at 50% capacity. Bars and nightclubs may continue operations open at 50% capacity as long as they adhere to social distancing guidelines.

Am I still able to sell alcoholic beverages for carryout without applying for the privilege?
EO 20-34 extends Executive Order 20-11, which allows permittees not otherwise eligible for carryout, to sell alcoholic beverages for carryout until August 3, 2020.

How can I verify the age of an alcoholic beverage or tobacco or e-liquid purchaser?
It is the responsibility of permittees to ensure alcohol and tobacco are not served or sold to minors. If permittees are unable or unwilling to verify age or identification because the customer cannot or will not remove their mask, then they run the risk that alcohol or tobacco will be served or sold to a minor. Additionally, dealer permittees such as grocery stores and package liquor stores are statutorily-required to check the identification of individuals purchasing alcohol who appear less than 40 years of age. There is no legal requirement to sell or serve alcohol or tobacco to a person if the licensee is not satisfied that the customer is 21 or older. The ATC has suggested that checking ID and having the customer remove their mask could be done at a safe distance, but that is ultimately up to them. Simply put, not removing the mask will not insulate the licensee from liability for serving alcohol to a minor.

What if I can’t get a County Surveyor Form because the Surveyor’s office is closed?
It is our understanding that the Marion County Surveyor’s Office is now open, therefore the Indiana Alcohol and Tobacco Commission will require the county verification of business location be included with the initial application.

Is curbside service still permitted during Stage 4.5?
Yes

As a permittee selling alcoholic beverages for retail in Indiana, can I still sell beer in a growler, crowler, etc. during Stage 4.5?
Yes

If you have any questions on how Stage 4.5 may impact your business, please contact an attorney in the Bose McKinney & Evans Hospitality and Alcoholic Beverage Law Group.