7.1 A municipality seeking to enact a DORA must first determine its boundaries. The area encompassing a proposed DORA is subject to IC 7.1-3-21-11, which limits proximity of alcohol to a church or a school. As a general rule, a DORA may not be established if a church or a school is located within two hundred (200) feet of a proposed boundary of a DORA, unless there is at least eighty-five (85) feet and a two (2) lane road of at least thirty (30) feet in width between the boundary and the church or school. In order to proceed with establishing the proposed boundary, the municipality must obtain a written statement from an authorized representative of the church or school expressly stating that it does not object to the approval of the DORA, and the municipality must provide that written statement to the commission as a part of its application. If the commission approves a DORA application and it is later determined that IC 7.1-3-21-11 was violated when the DORA was approved, the commission shall revoke its prior approval of the DORA, as well as any designations issued within the DORA.

7.2 In order to establish a DORA, there must be at least one (1) retailer permittee operating a licensed premises within the boundaries, which the commission approves as a designated permittee. When a municipality prepares to submit its application to the commission for approval, the municipality must collect a completed designation form (State Form 57288) from each retailer permittee in the boundaries of the DORA who wishes to be designated and submit those forms to the commission as a part of the application.

7.3 The municipality must prepare a map that identifies in sufficient detail the DORA boundaries. The map may also contain the locations of proposed designated permittees and designated vendor (vendor) locations in the DORA.

7.4 The municipality must design signage to be posted at each exit of a designated permittee and on a vendor's premises, as well as at other conspicuous areas in the DORA. The signage must contain the following information:

Additionally, as a best practice, it is recommended that the signage contain a map of the DORA, any logo that the municipality may design for the DORA, and the hours of operation if the municipality limits the hours beyond IC 7.1-3-1-14.

7.5.1 The municipality shall designate a DORA by enacting an ordinance to be submitted to the commission for approval. By law, the ordinance must contain the following information:

7.5.2 The map of the DORA discussed in Section 7.3.

7.5.3 The boundaries of the DORA by street addresses. Please list the streets and addresses that constitute the borders of the DORA.

7.5.4 The locations of proposed designated permittees and vendors within the DORA. For designated permittees, please list the addresses of the businesses and mark them on the prepared map. A DORA must contain at least one designated permittee. Please mark any proposed vendor locations in public spaces on the prepared map and identify them by number. Unless accompanied by a letter from the municipality explaining the circumstances of a specific event, the commission will only approve temporary permit applications or supplemental caterer requests to operate as vendors in public spaces in a location that the municipality has identified in its ordinance.

7.5.5 A statement that the DORA is consistent with the municipality's zoning ordinance. Such statement may reference any order or resolution passed by the municipality's planning commission, if one is needed.

7.5.6 The number, spacing, and type of signage designating the DORA. Please refer to the signage designed consistent with Section 7.4 above. In this section, please lay out where the signage will appear in the DORA. Best practice may include posting signage on trash receptacles, at major areas of congregation, and at the extreme boundaries of the DORA.

7.5.7 The dates and hours of operation for the DORA. The commission will only accept date limitations that are specifically listed by month and day.

7.6 A municipality may also include other provisions and requirements in the ordinance, including, but not limited to, the following:

In addition to the items listed above, a municipality is invited to include any additional information or requirements that the community desires in an ordinance establishing a DORA.

7.7.1 The municipality shall submit its application for DORA approval to the commission using its online My License One (ML1) platform. In order to access ML1, the municipality will need to create an Access Indiana profile. After navigating to the DORA application in ML1, the municipality will be prompted to provide the name of the point of contact and the municipality's address, and it will be asked to name the DORA. The municipality shall include the following documents in its submission:

7.7.2 The ordinance adopted by the municipality;

7.7.3 The map prepared in accordance with Section 7.3;

7.7.4 Any waivers prepared by a church or school in accordance with Section 7.1; and

7.7.5 Applications for retailer permittees to be approved as designated permittees.

7.8 The commission shall review the application for approval, including confirming that the municipality has not already created seven (7) DORAs, completeness (including meeting all of the requirements listed in Section 7.5 above), and compliance with IC 7.1-3-21-11. Upon approval, the commission shall issue a letter to the municipality informing it of the approval of the ordinance and designations to the designated permittees.

7.9 Following commission approval of the DORA, a retailer permittee operating in the DORA who wishes to receive a designated permittee status must complete the designation form and obtain approval by signature from the relevant authority of the municipality. Once signed, the form may be submitted to the commission as part of the retailer's application process.

7.10 A person may apply to the relevant Indiana State Excise Police (excise) district office for a temporary beer and wine permit for operation in the DORA to the same extent that they would otherwise be eligible. Additionally, a retailer permittee with catering privileges may serve in a DORA under its catering permit by following normal procedures and submitting a catering authority request form for approval. In each case, prior to submitting the temporary application or seeking catering approval, the person must complete the designation form seeking vendor status and obtain approval in writing from the relevant authority of the municipality. When submitting a temporary permit application to the excise district office, please include a copy of the DORA map (which shall include the vendor areas designated by the municipality in its ordinance) and indicate on the map the location where the vendor will operate. Temporary permittee applicants that complete the designation form as a vendor do not need to obtain the sheriff's signature on their temporary permit application.

7.11 A designated permittee or a vendor may allow a person to exit their premises into the DORA with not more than two (2) open alcoholic beverages. The maximum fill limits for an alcoholic beverage being sold for consumption within a DORA are as follows:

A person may not consume an alcoholic beverage in public areas of the DORA that was purchased outside of the DORA. Craft manufacturers (including small brewers, farm wineries, and artisan distillers) may operate in a DORA using one of its forty-five (45) annual trade show or exposition days (a/k/a festival days) which are permitted under the scope of its manufacturing permit by seeking approval from the relevant excise district office. The excise district office will determine whether the permittee has demonstrated that a trade show or exposition event requirement has been met. The permittee must also obtain vendor status as discussed in Section 7.10 prior to final approval to operate using a trade show or exposition day.

7.12 The carryout privileges that a designated permittee may have in their scope of permit is not impacted by being located within a DORA. Carryout of sealed original containers may occur, but these containers shall not be opened or consumed in the DORA.

7.13 A retailer permittee or other business located in a DORA may, on a nondiscriminatory basis, refuse to allow persons to enter their licensed premises or business with an alcoholic beverage.

7.14 Designated permittees may serve alcoholic beverages on an outdoor patio or terrace portion of their licensed premises in any container. For patios located in a DORA, it is not required that the patio's perimeter be enclosed by fencing or other means. However, if the DORA enacted by the municipality is sufficiently limited in the number of days in a year that it is effective, the normal fencing requirements will be enforced during periods when the DORA is not in effect. A patio will need to be outlined on a retailer's floor plan and the retailer shall not serve alcoholic beverages beyond the patio premises.

DIN: 20230726-IR-905230571NRA

Composed: Nov 18,2024 11:29:03PM EST

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