When Indiana House Bill 1200 went into effect July 1, it amended state law to allow for minors under 21 to be seated with their parents/guardians in the bar areas of licensed premises.
However, one county establishment owner asked the Kosciusko Alcohol Tobacco Commission after their meeting Thursday if he could keep his bar area for just those 21 and older. He said he’s received harassment from people wanting to take their minor into the bar area and they’ve told him he has to allow it. The owner wants to keep the bar area just for those who legally can consume alcohol.
Excise Officer April Tackett told the owner that it was his business and the decision was up to him.
In Section 14 of HB 1200, it states “it is lawful for a minor to be on licensed premises in a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink if all the following conditions are met: The minor is in the company of a parent, guardian or family member who is 21 years of age or older; the purpose for being on the licensed premises is the consumption of food and not the consumption of alcoholic beverages; the minor, accompanied by the parent, guardian or family member who is 21 years of age or older must be seated at a table or booth in the bar area and shall not be seated at the bar over which alcoholic beverages are sold or dispensed by the drink.”
Taken out of the law with the change was the sentence that read, “The minor is 18 years of age or older.”
In an interview after the meeting, Tackett explained, “The law has always - as far as I’ve been on, 20 years - said if you are 18, 19 or 20 and with a parent or legal guardian, you can sit in the bar room to eat and leave.”
She said almost no permittees ever did because of liability and/or questions about if they were actually with their parents/guardians.
“The new law took out 18, 19 and 20, so anyone can. They can not sit at a bar stool at the bar, but they can sit in the bar room to eat and leave if they’re with parent/guardian/family member,” Tackett said.
As an example, she said a parent could bring their 2-year-old child into Applebee’s and sit with the child in the bar room, if Applebee’s chose to allow it.
“If they don’t want it, they don’t have to have it,” she said. “That’s for any place. That’s not just for a restaurant.” As another example, she said a person has to be at least 21 years of age or older to even enter Rex’s Rendezvous in Warsaw. “Even that establishment could have kids if they were just coming in to eat and leave.”
If an establishment has a Type 2 gaming license, that changes the rules.
“A gambling license - we call it the Type 2 gaming license - that’s the license you have to have for paper gambling, pull tabs, weekly drawings, monthly drawings, etc. The law for the gambling says you can not play these games while children are present,” Tackett said. “So, if you have any establishment, whether it be an over-21 place or a bar/restaurant combo, if they have paper gambling, kids can not be in there because the gambling law did not change, just the alcohol law did.”
Gaming is required to be in the bar room.
“So if you’re an over-21 place, you can have it anywhere you want. If you’re a place like Applebee’s (for example), if they had one - which they don’t - people that wanted to play the pull tabs could only do it inside the bar room. They couldn’t go to the bartender and say, ‘I want 20 tickets,’ and take that to the family room and sit down with their kids and play. That gambling has to stay in the bar room,” Tackett said.
It would be up to the Indiana legislators to change those laws if the legislature wants to do that.
“The only other thing is, with that law, it says in order to be in the bar room area, you have to be with a parent, guardian, family member. So, if two 19-year-olds went out on a date together and they went to Rex’s Rendezvous to eat, they could not do that because they’re not with a parent/legal guardian. It’s just with a parent/guardian,” Tackett said. “I’ve had people call me and say, ‘This is my family room and here’s my bar room. Can I take down this stupid limited separation now that kids can be in the bar room?’ I said, ‘Well, you can, but if you’re a business that has two 12-year-olds that stop in after school and get pop and breadsticks, then you can’t take that down because they’re not with a parent.’”
During the ATC meeting Thursday, the following renewals without violations were unanimously approved:
• Yoder Family Investments LLC, doing business as (dba) Wawasee Bowling Lanes, 1201 S. Huntington St., Syracuse; beer, wine and liquor restaurant permit.
• J & M Enterprises Corporation of Northern Indiana, dba Channel Marker Restaurant, 5793 E. Pickwick Road, Syracuse; beer, wine and liquor restaurant permit.
• Dolgencorp LLC, dba Dolgencorp LLC (Dollar General), 6772 N. Ind. 13, North Webster; beer and wine dealer grocery store permit.
• Dollar General Store #16323, 221 W. School St., Leesburg; beer and wine dealer grocery store permit.
• Sylver Moon Inc., dba Louie’s Bar and Grill, 209 E. Bowser Road, Syracuse; beer, wine and liquor restaurant permit.
• Brook Pointe Holdings Inc., dba Brook Pointe Inn, 4906 E. CR 1200N, Syracuse; beer, wine and liquor hotel permit.
• Full Service Dining Inc., dba Uptown Kitchen, location pending, Warsaw; beer, wine and liquor restaurant permit.
Tackett told the board the permit is still in escrow and is not active yet, but it still had to be renewed.