Sec. 4. (a) It is a Class B misdemeanor for a person who owns or operates a private or public restaurant or place of public or private entertainment to knowingly or intentionally permit another person to come into the establishment with an alcoholic beverage for sale or gift, or for consumption in the establishment by that person or another, or to serve a setup to a person who comes into the establishment. However, the provisions of this section do not apply to the following: (1) A private room hired by a guest of a bona fide club or hotel that holds a retail permit. (2) A facility that is used in connection with the operation of a paved track that is used primarily in the sport of auto racing. (3) An outdoor place of public entertainment that: (A) has an area of at least four (4) acres and not more than six (6) acres; (B) is located within one (1) mile of the White River; (C) is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and (D) is used primarily in connection with live music concerts. (4) 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 . (b) An establishment operated in violation of this section is declared to be a public nuisance and subject to abatement as other public nuisances are abated under the provisions of this title. (c) This section does not apply to a person who owns or operates a private or public restaurant or place of public or private entertainment where the alcoholic beverages brought into the establishment are purchased by or donated to a qualified organization that is conducting an event in compliance with: (1) IC 7.1-3-6.1 ; (2) IC 7.1-3-6.2 ; or (3) IC 7.1-3-6.3 . (d) This section does not apply to an art instruction studio under section 4.6 of this chapter. [Pre-1973 Recodification Citation: 7-2-1-10.] Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.136-2000, SEC.4; P.L.204-2001, SEC.55; P.L.94-2008, SEC.54; P.L.159-2014, SEC.54; P.L.153-2015, SEC.13; P.L.285-2019, SEC.60; P.L.121-2022, SEC.5; P.L.163-2025, SEC.48.
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