Section 905 IAC 1-39-8 - Nature of businessAuthority: IC 7.1-2-3-7; IC 7.1-3-17.7-5
Affected: IC 4-31; IC 7.1
Sec. 8.
(a) The nature of the business conducted by the person who holds a horse track permit issued by the commission must be the business of horse racing and race related activity in order for alcoholic beverages to be dispensed within the defined permit premises. In order for the permittee to sell and serve alcoholic beverages at the permit premises during an event not related to horse racing or a racing related activity, prior written approval must be obtained from the commission. This approval must be obtained at least fifteen (15) days prior to the nonracing event or activity.(b) When evaluating a request to sell and serve alcoholic beverages for activities other than horse racing or a racing related activity, the commission shall consider the following: (1) The nature of the activity to be conducted on the premises and whether such activity is incompatible with the sale of alcoholic beverages.(2) The times during which the permittee seeks to make alcoholic beverages available.(3) Whether the permittee has adequate security for the activity.(4) Whether the permittee has been granted any required approval by the local law enforcement department which has jurisdiction over the venue of the permit premises, board of county commissioners, county council, or town executive for the activity.(5) Whether the Indiana horse racing commission has placed any limitations on the use of the permit premises for the activity.(6) Other related reasons which may be enumerated by IC 4-31.(7) Any other factor which may be considered under IC 7.1 or this title.(c) The holder of a horse track permit may sell and serve alcoholic beverages on any day of the year (except Christmas Day and primary, general, and special election days until the voting polls are closed) for up to one (1) hour prior to the first race of the day, broadcast or live, during and between races, and up to one (1) hour after the finish of the last race of the day, broadcast or live. The commission may extend the time for the sale and service of alcoholic beverages as provided in this subsection but in no event may the extended time be earlier than 7 a.m. or later than 3 a.m. the following day, prevailing local time.(d) Subject to the conditions set forth in subsection (b), it is lawful for the holder of a horse track permit to sell and serve alcoholic beverages from 7 a.m., prevailing local time, to 3 a.m., prevailing local time, the following day, Monday through Saturday. On Sunday, it is lawful to sell and serve alcoholic beverages from 11 a.m., prevailing local time, to 12:30 a.m., prevailing local time, the following day.(e) The nature of the business conducted by the person who holds a satellite facility permit issued by the commission must be the business of horse race wagering. In order for the permittee to sell and serve alcoholic beverages at the permit premises during an event not related to horse race wagering, prior written approval must be obtained at least fifteen (15) days prior to the non-horse race wagering event. When evaluating a request to sell and serve alcoholic beverages for activities other than horse race wagering, the commission shall consider the factors enumerated in subsection (b).(f) The holder of a satellite facility permit may sell and serve alcoholic beverages on any day of the year (except Christmas Day and primary, general, and special election days until the voting polls are closed) for up to one (1) hour prior to the first race of the day, broadcast or live, during and between races, and up to one (1) hour after the finish of the last race of the day, broadcast or live. The commission may extend the time for the sale and service of alcoholic beverages as provided in this subsection but in no event may the extended time be earlier than 7 a.m. or later than 3 a.m. the following day, prevailing local time.(g) Subject to the conditions set forth in subsection (e), it is lawful for the holder of a satellite facility permit to sell and serve alcoholic beverages from 7 a.m., prevailing local time, to 3 a.m., prevailing local time, the following day, Monday through Saturday. On Sunday, it is lawful to sell and serve alcoholic beverages from 11 a.m., prevailing local time, to 12:30 a.m., prevailing local time, the following day.Alcohol and Tobacco Commission; 905 IAC 1-39-8; filed Jan 29, 1996, 5:00 p.m.: 19 IR 1369; readopted filed Jan 7, 2003, 4:31 p.m.: 26 IR 1735; readopted filed Sep 9, 2009, 10:20 a.m.: 20091007-IR-905090609RFAReadopted filed 11/16/2015, 2:55 p.m.: 20151216-IR-905150254RFAReadopted filed 8/25/2021, 9:24 a.m.: 20210922-IR-905210227RFA