Section 905IAC1-41-4. Porches, verandas, lobbies, beer gardens, and other areas that do not constitute a bar area

   (a) Service of alcoholic beverages is permitted on porches, verandas, lobbies, and other areas that do not constitute an area with a bar on the following conditions:

(1) Service is done by licensed employees of the retail permit holder.

(2) The area to be serviced is part of the permit premises and delineated in some manner by rail, wall, or hedge.

  (b) Service of alcoholic beverages is permitted in beer gardens provided the beer garden is enclosed on all sides either by the outside walls of the permit premises or a nontransparent, seventy-two (72) inch wall and must be accessible only through the permit premises.

  (c) A beer garden may have a service bar provided that bar meets the qualifications of IC 7.1-1-3-42 and IC 7.1-3-20-17. (Alcohol and Tobacco Commission; 905 IAC 1-41-4; filed Sep 5, 1996, 11:00 a.m.: 20 IR 20; readopted filed Jan 7, 2003, 4:31 p.m.: 26 IR 1735; readopted filed Sep 9, 2009, 10:20 a.m.: 20091007-IR-905090609RFA; readopted filed Nov 16, 2015, 2:55 p.m.: 20151216-IR-905150254RFA)