Restaurants; Service Windows

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Sec. 27. (a) This section applies to the premises of a restaurant.

(b) Subject to subsection (c), the holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense, for on-premises consumption only, alcoholic beverages, for which the permittee holds the appropriate permit, from a service window located on the licensed premises that opens to an outside patio or terrace that is contiguous to the main building of the licensed premises of the restaurant.

(c) The holder of a retailer's permit that is issued for the premises of a restaurant may sell or dispense alcoholic beverages as provided under subsection (b) only if all the following conditions are met:

(1) The patio or terrace area described in subsection (b) is:

(A) part of the licensed premises; and

(B) clearly delineated and completely enclosed on all sides by a barrier that is at least eighteen (18) inches in height.

(2) Access to the service window is limited by a barrier that reasonably deters free access by minors to the window.

(3) A conspicuous sign is posted by the barrier described in subdivision (2) that states that minors are not allowed to cross the barrier to enter the area near the service window.

As added by P.L.133-2016, SEC.4. Amended by P.L.85-2017, SEC.35.


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