1. (a) The fiscal body of the adopting body may adopt an ordinance to impose an excise tax, known as a food and beverage tax, on transactions described in section 4 of this chapter. The fiscal body of the adopting body may adopt an ordinance under this subsection only after the fiscal body of the adopting body has previously:

   1. (1) adopted a resolution in support of the proposed food and beverage tax; and
   2. (2) held at least one (1) separate public hearing in which a discussion of the proposed ordinance to impose the food and beverage tax is the only substantive issue on the agenda for the public hearing.
2. (b) If the fiscal body of the adopting body adopts an ordinance under subsection (a), the fiscal body shall immediately send a certified copy of the ordinance to the department of state revenue.
3. (c) If the fiscal body of the adopting body adopts an ordinance under subsection (a), the food and beverage tax applies to transactions that occur after the last day of the month following the month in which the ordinance is adopted.

As added by P.L.157-2026, SEC.199.