Ind. Code § 7.1-5-8-5
Taking alcoholic beverage on licensed premises; exceptions
(a) This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine:
- (1) described in IC 7.1-1-2-3 (a)(4); and
- (2) not sold or offered for sale.
- (b) This section does not apply to a person at a facility that is used in connection with the operation of a track that is used primarily in the sport of auto racing.
(c) This section does not apply to a person at an outdoor place of public entertainment that:
- (1) has an area of at least four (4) acres and not more than six (6) acres;
- (2) is located within one (1) mile of the White River;
- (3) is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and
- (4) is used primarily in connection with live music concerts.
- (d) This section does not apply to a person who brings wine into an art instruction studio or consumes wine that is brought into the art instruction studio in accordance with section 4.6 of this chapter.
- (e) This section does not apply to a craft manufacturer (as defined in IC 7.1-3-30-1 ) at an event held on the licensed premises of a host permittee (as defined in IC 7.1-3-30-1 ) under a temporary craft manufacturer hospitality permit issued under IC 7.1-3-30 .
(f) This section does not apply to a person who brings an alcoholic beverage:
(1) purchased from:
- (A) a vendor (as defined in IC 7.1-3-31-5 ); or
- (B) a designated permittee (as defined in IC 7.1-3-31-2 ); and
(2) into a licensed premises:
- (A) of a permittee who may or may not be a designated permittee (as defined in IC 7.1-3-31-2 ); and
- (B) that is located within a refreshment area designated under IC 7.1-3-31 .
(g) It is a Class C misdemeanor for a person, for the person's own use, to knowingly carry on, convey to, or consume on or about the licensed premises of a permittee an alcoholic beverage that was not then and there purchased from that permittee.
[Pre-1973 Recodification Citation: 7-1-1-32(8).]
Formerly: Acts 1973, P.L.55, SEC.1. As amended by Acts 1978, P.L.2, SEC.713; P.L.177-1999, SEC.8; P.L.136-2000, SEC.5; P.L.204-2001, SEC.56; P.L.94-2008, SEC.55; P.L.285-2019, SEC.62; P.L.121-2022, SEC.6; P.L.167-2023, SEC.6.