Section 905IAC1-43.1-9. Nature of business; times when sales are legal

   (a) The nature of the business conducted by the person who holds a gaming site permit issued by the commission must be the business of an authorized gambling operation under IC 4-33-2-10 or IC 4-35 in order for alcoholic beverages to be dispensed within the defined permit premises.

  (b) In order for the permittee to sell and serve alcoholic beverages at the permit premises during an event not related to an authorized gambling operation, prior written approval must be obtained from the commission. This approval must be obtained at least fifteen (15) days prior to the nonauthorized gambling operation event or activity.

  (c) In order for the permittee to sell and serve alcoholic beverages at a location other than a bar clearly designated on the floor plans on file with the commission, prior written approval must be obtained at least fifteen (15) days prior to the event.

  (d) When evaluating a request to sell and serve alcoholic beverages for activities other than authorized gambling 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:

(A) law enforcement department that has jurisdiction over the venue of the permit premises;

(B) board of county commissioners;

(C) county council; or

(D) town executive;

for the activity.

(5) Whether the Indiana gaming commission or the Indiana horse racing commission has placed any limitations on the use of the permit premises for the activity.

(6) Other related reasons that may be enumerated by the following:

(A) IC 4-33 and 68 IAC.

(B) IC 4-31, IC 4-35, and 71 IAC.

(7) Any other factor that may be considered under IC 7.1 or this rule.

  (e) The holder of a gaming site 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.

  (f) It is lawful for the holder of a gaming site 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 10 a.m. prevailing local time to 12:30 a.m. prevailing local time the following day. (Alcohol and Tobacco Commission; 905 IAC 1-43.1-9; filed Dec 2, 2008, 3:59 p.m.: 20081231-IR-905080196FRA; readopted filed Nov 16, 2015, 2:55 p.m.: 20151216-IR-905150254RFA)