Sec. 28.5. (a) This section applies to the premises of a:

(1) civic center permit; or

(2) retail permit that operates as a recreational facility offering bowling, arcade games, and outside volleyball courts or other outside recreational games on the licensed premises.

(b) In accordance with subsection (c), the holder of a:

(1) civic center permit; or

(2) retail permit described in subsection (a)(2) which has a gross business of at least one million dollars ($1,000,000) in the retail sale of food;

may, subject to the approval of the commission, sell or dispense alcoholic beverages for which the permittee holds the appropriate permit, for on-premises consumption only, from a bar that is located on an outside patio, porch, veranda, terrace, or rooftop of a building that is contiguous to the main building of the licensed premises.

(c) The holder of the civic center or retail permit described in subsection (a)(2) may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met:

(1) The outside area described in subsection (b) is:

(A) part of the licensed premises; and

(B) clearly delineated in some manner by a fence, hedge, rail, wall, or similar barrier.

(2) Except as provided in IC 7.1-5-7-11, if minors are allowed on the premises:

(A) the bar area must be separated from the outside dining area where minors may be served by a structure or barrier that reasonably deters free access and egress, without requirement for doors or gates; and

(B) a conspicuous sign must be posted by the barrier described in clause (A) stating that minors may not cross the barrier to enter the bar area.

As added by P.L.285-2019, SEC.39.