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Indiana statute

Ind. Code § 7.1-5-8-5 — Taking alcoholic beverage on licensed premises; exceptions

Current through 2026 Regular Session

Part of Chapter 8: Miscellaneous Prohibited Activities, Indiana Code.

Criminal charges under this statute

Full text of Ind. Code § 7.1-5-8-5

Statutory text current through the 2026 Regular Session. This publication reproduces the official statutory text; it is not the official statutes of the State of Indiana.

Ind. Code § 7.1-5-8-5Primary source, current through the 2026 Regular Session
Sec. 5. (a) This section does not apply to a person who, on or about a licensed premises, carries, conveys, or consumes beer or wine: (1) described in IC 7.1-1-2-3 (a)(4); and (2) not sold or offered for sale. (b) This section does not apply to a person at a facility that is used in connection with the operation of a track that is used primarily in the sport of auto racing. (c) This section does not apply to a person at an outdoor place of public entertainment that: (1) has an area of at least four (4) acres and not more than six (6) acres; (2) is located within one (1) mile of the White River; (3) is owned and operated by a nonprofit corporation exempt from federal income taxation under Section 501(c)(3) of the Internal Revenue Code; and (4) is used primarily in connection with live music concerts. (d) This section does not apply to a person who brings wine into an art instruction studio or consumes wine that is brought into the art instruction studio in accordance with section 4.6 of this chapter. (e) This section does not apply to a craft manufacturer (as defined in IC 7.1-3-30-1 ) at an event held on the licensed premises of a host permittee (as defined in IC 7.1-3-30-1 ) under a temporary craft manufacturer hospitality permit issued under IC 7.1-3-30 . (f) This section does not apply to a person who brings an alcoholic beverage: (1) purchased from: (A) a vendor (as defined in IC 7.1-3-31-5 ); or (B) a designated permittee (as defined in IC 7.1-3-31-2 ); and (2) into a licensed premises: (A) of a permittee who may or may not be a designated permittee (as defined in IC 7.1-3-31-2 ); and (B) that is located within a refreshment area designated under IC 7.1-3-31 . (g) It is a Class C misdemeanor for a person, for the person's own use, to knowingly carry on, convey to, or consume on or about the licensed premises of a permittee an alcoholic beverage that was not then and there purchased from that permittee. [Pre-1973 Recodification Citation: 7-1-1-32(8).]

Official sources

Legal terms used in this section

Questions this section answers

Is taking alcoholic beverage on licensed premises; exceptions a felony or a misdemeanor in Indiana?

Taking alcoholic beverage on licensed premises; exceptions is a Class C Misdemeanor in Indiana under Ind. Code § 7.1-5-8-5.

Which Indiana statute covers taking alcoholic beverage on licensed premises; exceptions?

Taking alcoholic beverage on licensed premises; exceptions is governed by Ind. Code § 7.1-5-8-5 (Taking alcoholic beverage on licensed premises; exceptions).

This reference is informational and is not legal advice.