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Indiana ATC Amended Rule – Limited Separation Annual Food Figures

In accordance with Indiana Executive Order 20-10, the Chairman of the Indiana Alcohol and Tobacco Commission made the following amendments to 905 IAC 1-42-2, Separation of Rooms.

Sec. 2. (a) In a permit premises meeting the criteria in this section, the separation of the bar area from the dining area, where minors may be served, may be a structure or barrier that reasonably deters free access and egress without requirement for doors or gates. In order to qualify for the bar area separation permitted in this section, a permittee or applicant must have a minimum gross food sales or minimum projected food sales of $132,000 per permit year or 60% of the gross food and alcoholic beverage sales or projected sales, including carry out or catering food sales, must be in the sale of food.

(b) In all other permit premises covered by a retail permit, a room containing a bar must be separated from any family room where minors are to be permitted. The family room shall be separated from the barroom by a nontransparent wall at least seventy-two inches high. The barroom may be accessed by one (1) or more doorways. An open archway of no more than five (5) feet in width is sufficient.

(c) In a permit premises covered by a retail permit, in a room that contains no bar, the area from which the alcoholic beverages are dispensed must not be located in the eating area and must not be accessible to the consuming public.

(d) In a permit premises described in subsection (a) or (b), alcoholic beverage service may be provided by a cart; however, only brandy, fortified wines, and cordials may be served from such cart.

(e) An approved floor plan must be on file with the Indiana alcoholic beverage commission. (Alcohol and Tobacco Commission; 905 IAC 1-41-2; filed Sep 5, 1996, 11:00 a.m.: 20 IR 19; errata filed Oct 28, 1996, 10:30 a.m.: 20 IR 760; readopted filed Jan 7, 2003, 4:31 p.m.: 26 IR 1735; readopted filed 905090609RFA; readopted filed Nov 16, 2015, 2:55 p.m.: 20151216-IR-905150254RFA)