Section 905IAC1-43.1-11. Prohibition of minors; minimum food service

   (a) In the permit premises of a gaming site permit, the separation of the bar area from the dining area, where minors may be seated, may be a structure or barrier that reasonably deters free access and egress without the requirement for doors or gates, or such other means, including signage that will clearly designate that minors are restricted from being in the designated bar areas. Minors under twenty-one (21) years of age are prohibited from being in the designated bar areas of the permit premises unless otherwise provided in IC 7.1-5-7-12 and IC 7.1-5-7-13.

  (b) The holder of a gaming site permit shall be responsible for assuring that any individual who is a minor under twenty-one (21) years of age is not allowed in:

(1) an area of the permit premises where gambling is conducted; or

(2) the bar areas of the permit premises unless otherwise provided in IC 7.1-5-7-12 and IC 7.1-5-7-13.

  (c) Minimum food service, as defined in 905 IAC 1-20-1, except hot soups, must be available on the premises during any time that alcoholic beverages are available for sale on the riverboat gambling operation or the gambling game operation.

  (d) If a hotel is a part of the permit premises of a gaming site permit, the following limitations shall apply to in-room vending units. "In-room vending unit" means a closed container that is located in a guest room of a hotel and is used for the storage and dispensing of food or beverage (alcoholic or nonalcoholic).

(1) The holder of a gaming site permit may dispense alcoholic beverages in individual portions to registered hotel guests through in-room vending units.

(2) Access to the interior of an in-room vending unit must be:

(A) restricted by a locking device, the opening of which requires the use of a:

(i) key;

(ii) magnetic card; or

(iii) similar device; or

(B) controlled at all times by the holder of a gaming site permit.

(3) Alcoholic beverages may be dispensed through in-room vending units only:

(A) on days and at times when the sale of alcoholic beverages is permitted under this title; and

(B) to persons who are permitted to purchase alcoholic beverages under this title.

(4) A permittee to whom this section applies may provide a key, magnetic card, or similar device required to gain access to the interior of an in-room vending unit only to a person who is:

(A) a registered hotel guest; and

(B) twenty-one (21) years of age or older.

(5) In order to prevent the illegal furnishing of an alcoholic beverage to a minor, a permittee to whom this section applies shall determine that the registered hotel guest is not a minor (as defined in IC 7.1-1-3-25) prior to providing a key, magnetic card, or similar device required to gain access to the interior of an in-room vending unit to that registered hotel guest.

(6) Each employee of a permittee to whom this section applies who handles alcoholic beverages for dispensing through an in-room vending unit must:

(A) be twenty-one (21) years of age or older; and

(B) hold an employee's permit issued by the commission under IC 7.1-3-18-9.

(Alcohol and Tobacco Commission; 905 IAC 1-43.1-11; filed Dec 2, 2008, 3:59 p.m.: 20081231-IR-905080196FRA; readopted filed Nov 16, 2015, 2:55 p.m.: 20151216-IR-905150254RFA)