"Retailer" means a person that:

1. (1) is licensed to sell alcoholic beverages under IC 7.1-3 to customers for consumption:

   1. (A) on the licensed premises of the person's tavern; or
   2. (B) on a jumbo boat; and
2. (2) holds an endorsement to conduct type II gambling games that was issued by the commission under IC 4-36-4 .

As added by P.L.95-2008, SEC.13. Amended by P.L.194-2021, SEC.2.