Hey, bartender, how old is that bean soup in the freezer bags?

The lawyers can correct me on this one, but my reading of Indiana's ridiculously huge collection of statutes pertaining to beverage alcohol -- regrettably, soon I'll no longer be able to compare it to a phone book because phone books are becoming as obsolete as Indiana's approach to beverage alcohol regulation -- uncovers only two sections pertaining to food on licensed premises.

This matters only because last night, New Albany's city council voted 8-1 in favor on the first reading of an ordinance to expand the boundaries of the city's riverfront development area westward. Think of it as the Holiday Inn Express Law, and note that I'm in favor of doing it, and furthermore believe the scope of the state's enabling legislation should be expanded to require inexpensive three-way permits be issued to any acreage adjacent to a church, without exception.

In short, riverfront development areas constitute exemptions to the quota, and make possible inexpensive three-way permits. In the run-up to last evening's vote, there was much discussion about booze versus food, and the desirability of restaurants as opposed to bars. Council member and mayoral candidate Jack Messer voted against the expansion, citing public safety concerns relating to the fearsome possibility that dive bars will proliferate.

But as the Indiana State Police already has proven with its incessant poaching over the past few years, the availability of food at targeted establishments makes no difference whatsoever.

In fact, all licensed establishments are compelled by law to offer food. As I suggested earlier this week, past judgments by visiting ATC officers have included the advice that an unopened package of weenies in a freezer compartment is sufficient to meet the requirement. Whether this is right, wrong or indifferent, it's still a matter for the ATC to enforce, and not local cops. I doubt the constitutional veracity of any city council effort to add food requirements to those already in existence, although I'd cherish the sight of council members with clipboards poking their noses into kitchens.

I cannot find any reference to food sales percentages, which I believe formerly were part of the system when it came to Sunday opening hours, and later were discarded when regulations were made slightly more reasonable (Hoosier fundamentalism precludes universal reasonableness owing to something Moses once said). There remains an obligation for some licensees to report food/alcohol percentages on the annual renewal application, although my understanding is this applies to the existence of separation in barrooms and family rooms, i.e., how under-21-year-olds and over-21-year-olds co-exist (or do not) in proximity.

However, I'm a publican, not an attorney, and surely I'm missing an esoteric something or three here, so please correct me if you find it. Following are the two ATC regs I found mentioning food:

IC 7.1-3-20-9
Restaurants; general requirements
Sec. 9. Restaurants: General Requirements.
In order to be considered a "restaurant" within the meaning of this title and to be eligible to receive an appropriate restaurant permit under this title, an establishment shall meet the following requirements: (a) It shall be provided with special space and accommodations where, in consideration of payment, food, without lodging, is habitually furnished to travelers; and, (b) It shall have accommodations at which at least twenty-five (25) persons may be served at one (1) time.
(Formerly: Acts 1973, P.L.55, SEC.1.)


905 IAC 1-20-1
Minimum menu requirements
Authority: IC 7.1-2-3-7; IC 7.1-3-24-1
Affected: IC 7.1-3-20-9
Sec. 1. Under the qualification requiring that a retail permittee to sell alcoholic beverages by the drink for consumption on the premises must be the proprietor of a restaurant located, and being operated, on the premises described in the application of the permittee; and under the definition of a "restaurant" as "any establishment provided with special space and accommodations where, in consideration of payment, food without lodging is habitually furnished to travelers,"–and "wherein at least twenty-five (25) persons may be served at one time;" the Commission will, hereafter, require that the retail permittee be prepared to serve a food menu to consist of not less than the following:

Hot soups.
Hot sandwiches.
Coffee and milk.
Soft drinks.


Hereafter, retail permittees will be equipped and prepared to serve the foregoing foods or more in a sanitary manner as required by law.

(Alcohol and Tobacco Commission; Reg 36; filed Jun 27, 1947, 3:00 pm: Rules and Regs. 1948, p. 58; readopted filed Oct 4, 2001, 3:15 p.m.: 25 IR 941; readopted filed Sep 18, 2007, 3:42 p.m.: 20071010-IR-905070191RFA)