This is a supplement to the training materials presented in the Affordable Alcohol Training Responsible Beverage Service Education Program and must be reviewed. 

Indiana’s Governing Liquor Authority

Indiana’s Governing Liquor Authority:

• The State of Indiana’s governing liquor authority is the Indiana Alcohol & Tobacco Commission, referred to as the ATC.
• The phone number for the ATC is: 319-232-2430.
• The website for the ATC is: www.in.gov/atc/.

• Indiana’s Legislature is the body responsible for enacting the state’s alcohol laws.

• Responsible alcohol service training is voluntary for employees 21 years of age or older. However, Indiana has passed legislation that will soon make it mandatory in the near future. At this time, training is mandatory for those employees who are 19-20 years of age that are applying for a restricted employee permit. Training is also mandatory for those managers that supervise employees who have a restricted employee permit.
• Posting of alcohol warning signs is not a state requirement. Local ordinances should be consulted.

Liquor License and Alcohol Beverage Laws for the State of Indiana

Indiana’s ATC requires:

• Licensees to uphold all the liquor laws for the state of Indiana.

• Licensees to also be knowledgeable of and abide by any local ordinances as well.

Under Indiana’s Happy Hour laws, licensees are prohibited from (private functions are exempt from these restrictions):

• Serving more than one drink at any given time to a customer.
• Offering two or more drinks for the price of one.
• Offering a reduced price drink during a portion of the day and then offering the same drink for a higher price the rest of the day.

Under Indiana’s Happy Hour laws, licensees are allowed to:

• To serve complimentary alcoholic drinks to registered guests (and their companions) of the hotel in an area of the hotel where drinks are not usually provided.
• Increase the cost of drinks when special live entertainment is offered.

The following are the general service hours for alcoholic beverages in the state of Indiana (local ordinances should always be consulted):

• On-Premise Establishments may sell and serve alcohol Monday – Saturday from 7am to 3am. Sunday sales are permitted from 10am to midnight.
• Off-Premise licensees and retail stores may sell alcohol Monday – Saturday from 7am to 3am. Sunday sales are prohibited.
• Additional Restrictions:

o        Election Days – Sales are prohibited until the polls close which is generally 6pm.

o        Christmas Day – Sales are prohibited the entire day and until 7am the following morning.

o        New Years Day – Sales of alcohol for off-premise consumption is prohibited.

Indiana’s Excise Police - Restricted Employee Permit Laws

Currently, Indiana does not require or regulate responsible alcohol service training except for the following employees:

• Any minor between the ages of 19 and 20 who wishes to be employed by a hotel or restaurant to serve alcoholic beverages.
• Any supervisor or manager (21 years of age or older) who directly supervises those employees who have restricted employee permits.

The Indiana Alcohol & Tobacco Commission will issue a restricted employee permit to:

• Minors between the ages of 19 and 20 who have completed the required training and who wish to be employed to serve alcohol in the dining room of a restaurant or hotel. When the minor turns 21, they are required to turn in their restricted employee permit and get an un-restricted one for a fee of  $30.00.

To obtain a restricted employee permit, the minor must:

• Successfully complete a state certified server training program that is offered through the Excise police district.
• Submit an application to the ATC that includes the training certification.

Under the restricted employee permit, the minor is permitted to:

• Serve alcoholic beverages in the family areas of retail establishments, such as:
  • Family rooms of a restaurant or hotel.
  • Family areas of restaurants that have limited separation from the bar area but are approved by the ATC.
  • Dining areas of fraternal or social clubs.
• Garnish the alcoholic beverage for the licensed bartender.
• Uncork a bottle of wine that the customer has ordered and pour a glass for the customer at the dining table.
• Serve alcoholic beverages in the banquet room of a restaurant or hotel. May not pass drinks over the counter of the bar or act as the bartender.

Under the restricted employee permit, the minor is not permitted to:

• Act as a bartender in any way, pour any pre-mixed beverages, mix any drinks or draw beer from a tap or spigot into a glass or pitcher.
• Serve alcoholic beverages in the following areas:

o        Bar area of a retail establishment.

o        Recreational area such as a poolroom or arcade.

o        Concourse area of a recreational center.

o        Stands at a sporting venue such as an arena.

Identification

Under Indiana’s laws:

·         A licensee may accept any valid government issued ID such as a driver’s license or state ID.

·         Licensees are not allowed to confiscate a person’s ID even if they believe it to be false. Licensees are encouraged to contact local law enforcement to deal with the situation. 

Indiana’s Laws Regarding Age

 Under Indiana law:

• A person must be at least 21 years old to purchase and consume alcohol.
• It is illegal to sell or serve alcohol to a minor.
• Minors are not permitted on the premises of any bar or tavern. Minors may not accompany a parent or legal guardian either.
• The legal age for employment is:

o        18 years of age to ring up sale for packaged alcohol.

o        19 years of age to serve alcohol with a restricted employee permit.

Dram Shop Laws for the State of Indiana

 Dram Shop Liability:

• Licensees and their employees can be held civilly liable if they served a visibly intoxicated person who then caused injury or damage to themselves or others. The person’s state of intoxication must be shown to have been the proximate cause of the damages.
• Only those injured who were under 21 years of age (or their representatives) may bring a lawsuit against the licensee for damages. The intoxicated person may not bring suit against the licensee nor may their family or estate.

ADDENDUM: INDIANA’S DRAM SHOP LAW

Person furnishing alcoholic beverage; civil liability for damages; "furnish" defined

Sec. 15.5.

(a) As used in this section, "furnish" includes barter, deliver, sell, exchange, provide, or give away.

(b) A person who furnishes an alcoholic beverage to a person is not liable in a civil action for damages caused by the impairment or intoxication of the person who was furnished the alcoholic beverage unless:

(1)     The person furnishing the alcoholic beverage had actual knowledge that the person to whom the alcoholic beverage was furnished was visibly intoxicated at the time the alcoholic beverage was furnished; and

(2)     The intoxication of the person to whom the alcoholic beverage was furnished was a proximate cause of the death, injury, or damage alleged in the complaint.

(c) If a person who is at least twenty-one (21) years of age suffers injury or death proximately caused by the person’s voluntary intoxication, the:

(1)     person;

(2)     person’s dependents;

(3)     person’s personal representative; or

(4)     person’s heirs;

May not assert a claim for damages for personal injury or death against a person who furnished an alcoholic beverage that contributed to the person’s intoxication, unless subsections (b)(1) and (b)(2) apply.

As added by P.L.80-1986, SEC.1. Amended by P.L.76-1996, SEC.1.