- (a) A restaurant holding a valid alcoholic beverage permit may sell alcoholic beverages in a sealed container during legal operating hours directly to a consumer twenty-one (21) years of age or older along with the purchase of a meal.
(b) The sale of alcoholic beverages under this section may occur:
- (1) At the point of sale to be consumed off-premises;
- (2) At the drive-through to be consumed off-premises;
- (3) At the curbside to be consumed off-premises; or
- (4) Delivered to a consumer at a location off-premises.
(c)
- (1) "Meal" means the usual assortment of food commonly ordered at various hours of the day.
(2) “Restaurant”, as used in this section, means a public or private place that:
- (A) Is kept, used, maintained, advertised, and held out to the public or to a private or restricted membership as a place where complete meals are actually and regularly served;
- (B) Provides adequate and sanitary kitchen and dining equipment;
- (C) Has a seating capacity of at least twenty-five (25) persons;
- (D) Employs a sufficient number and variety of employees to prepare, cook, and serve suitable food for its guests or members;
- (E) Serves at least one (1) meal per day; and
- (F) Is open a minimum of five (5) days per week with the exception of holidays, vacations, and periods of redecorating.
(3)
- (A) “Sealed container” means a container with a secure cap or lid that completely covers the opening for the container and a seal designed to make it evident when the seal has been removed or broken.
- (B) The seal is affixed to the container by the licensee after the container is filled pursuant to a consumer order for the drink.
- (C) This may include the use of tape or other adhesive.
- (d) The restaurant to go and delivery rules do not apply to private clubs or restaurants located in a dry area.