Shown verbatim: the complete text as captured from the official PDF posted by the Indiana General Assembly, fetched 2026-09-25. Page and line markers are part of the official record; nothing is edited or removed. This is the current version. The official bill page.
Second Regular Session of the 124th General Assembly (2026)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional
provision adopted), the text of the new provision will appear in this style type. Also, the
word NEW will appear in that style type in the introductory clause of each SECTION that adds
a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts
between statutes enacted by the 2025 Regular Session of the General Assembly.
SENATE ENROLLED ACT No. 89
AN ACT to amend the Indiana Code concerning alcohol and
tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SECTION 1. IC 7.1-3-20-16.8, AS AMENDED BY THE
TECHNICAL CORRECTIONS BILL OF THE 2026 GENERAL
ASSEMBLY, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 16.8. (a) A permit that is authorized by this
section may be issued without regard to the quota provisions of
IC 7.1-3-22.
(b) Except as provided in section 16.3 of this chapter, the
commission may issue not more than four (4) new three-way permits
to sell alcoholic beverages for on-premises consumption to applicants
in each of the following municipalities:
(1) Whitestown.
(2) Lebanon.
(3) Zionsville.
(4) Westfield.
(5) Carmel.
(6) Fishers.
(7) Noblesville.
(c) The following apply to permits issued under subsection (b):
(1) An applicant for a permit under subsection (b) must be a
proprietor, as owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
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redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (b)
may not exceed twenty-four (24) permits at any time. If any of the
permits issued under subsection (b) are revoked or not renewed,
the commission may issue only enough new permits to bring the
total number of permits to twenty-four (24) active permits, with
not more than four (4) in each municipality listed in subsection
(b)(1) through (b)(6).
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1-3.5 and IC 7.1-3-1.1, if business
operations cease at the permit premises for more than six (6)
months, the permit shall revert to the commission and the permit
holder is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit premises is located is no longer
designated an economic development area, an area needing
redevelopment, or a redevelopment district, a permit issued under
this section may be renewed, and the ownership of the permit may
be transferred, but the permit may not be transferred from the
permit premises.
(d) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the town of Whitestown under subsection (c), the
commission may issue to the town of Whitestown not more than:
(1) three (3) new three-way permits; and
(2) three (3) new two-way permits;
under this subsection.
(e) The following apply to permits issued under subsection (d):
(1) An applicant for a permit under subsection (d)(1) or (d)(2)
must be a proprietor, an owner or lessee, or both, of a restaurant
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located within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (d)
may not exceed the six (6) permits allocated by permit type, as set
forth in that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (d)(1) or (d)(2) is located is no longer designated an
economic development area, an area needing redevelopment, or
a redevelopment district, a permit issued under this section may
be renewed, and the ownership of the permit may be transferred,
but the permit may not be transferred from the permit premises.
(f) Except as provided in section 16.3 of this chapter, in addition to
the permits issued to the city of Noblesville under subsection (c), the
commission may issue to the city of Noblesville not more than ten (10)
new three-way permits under this subsection. The new three-way
permits may be issued as follows:
(1) Three (3) new three-way permits in 2024.
(2) Three (3) new three-way permits in 2025.
(3) Four (4) new three-way permits in 2026.
If the commission does not issue the amount of three-way permits
allowed in subdivisions (1) through (3) in that year, any unissued
permits will roll over and may be issued in a subsequent year.
(g) The following apply to permits issued under subsection (f):
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(1) An applicant for a permit under subsection (f) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (f)
may not exceed the ten (10) new three-way permits, as set forth
in that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (f) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(h) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Delphi not more than two (2) new
three-way permits under this subsection.
(i) The following apply to permits issued under subsection (h):
(1) An applicant for a permit under subsection (h) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
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(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (h)
may not exceed the two (2) new three-way permits, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (h) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(j) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Warsaw not more than three (3)
new three-way permits under this subsection.
(k) The following apply to permits issued under subsection (j):
(1) An applicant for a permit under subsection (j) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (j)
may not exceed the three (3) new three-way permits, as set forth
in that subsection.
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(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (j) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(l) Except as provided in section 16.3 of this chapter, the
commission may issue to the town of Syracuse not more than one (1)
new three-way permit under this subsection.
(m) The following apply to a permit issued under subsection (l):
(1) An applicant for a permit under subsection (l) must be a
proprietor, an owner or lessee, or both, of a restaurant located
within an economic development area, an area needing
redevelopment, or a redevelopment district as established under
IC 36-7-14 in a municipality's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under subsection (l)
may not exceed the one (1) new three-way permit, as set forth in
that subsection.
(4) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a formal
written commitment as a condition of eligibility for a permit. As
set forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor of
the permit premises.
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(5) Notwithstanding IC 7.1-3-1.1, if business operations cease at
the permit premises for more than six (6) months, the permit shall
revert to the commission and the permit holder is not entitled to
any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of a
permit may not be transferred.
(7) A permit may not be transferred from the premises for which
the permit was issued.
(8) If the area in which the permit issued to a premises under
subsection (l) is located is no longer designated an economic
development area, an area needing redevelopment, or a
redevelopment district, a permit issued under this section may be
renewed, and the ownership of the permit may be transferred, but
the permit may not be transferred from the permit premises.
(n) Except as provided in section 16.3 of this chapter, the
commission may issue to the town of Schererville not more than
three (3) new three-way permits. The following applies to a permit
issued under this subsection:
(1) An applicant for a permit must be a proprietor, an owner
or lessee, or both, of a restaurant located within an economic
development area, an area needing redevelopment, or a
redevelopment district as established under IC 36-7-14 in the
town's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under this
subsection may not exceed the three (3) new three-way
permits.
(4) The town may adopt an ordinance under IC 7.1-3-19-17
requiring a permit holder to enter into a formal written
commitment as a condition of eligibility for a permit. As set
forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor
of the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of the
permit may not be transferred.
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(7) The permit may not be transferred from the premises for
which the permit was issued.
(8) If the area in which the permit issued to a premises is
located is no longer designated an economic development
area, an area needing redevelopment, or a redevelopment
district, a permit issued under this section may be renewed,
and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(o) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Lafayette not more than three
(3) new three-way permits. The following apply to a permit issued
under this subsection:
(1) An applicant for a permit must be a proprietor, an owner
or lessee, or both, of a restaurant located within an economic
development area, an area needing redevelopment, or a
redevelopment district as established under IC 36-7-14 in the
city's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under this
subsection may not exceed the three (3) new three-way
permits.
(4) The city may adopt an ordinance under IC 7.1-3-19-17
requiring a permit holder to enter into a formal written
commitment as a condition of eligibility for a permit. As set
forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor
of the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of the
permit may not be transferred.
(7) The permit may not be transferred from the premises for
which the permit was issued.
(8) If the area in which the permit issued to a premises is
located is no longer designated an economic development
area, an area needing redevelopment, or a redevelopment
district, a permit issued under this section may be renewed,
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and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(p) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of West Lafayette not more than
two (2) new three-way permits. The following apply to a permit
issued under this subsection:
(1) An applicant for a permit must be a proprietor, an owner
or lessee, or both, of a restaurant located within an economic
development area, an area needing redevelopment, or a
redevelopment district as established under IC 36-7-14 in the
city's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under this
subsection may not exceed the two (2) new three-way permits.
(4) The city may adopt an ordinance under IC 7.1-3-19-17
requiring a permit holder to enter into a formal written
commitment as a condition of eligibility for a permit. As set
forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor
of the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of the
permit may not be transferred.
(7) The permit may not be transferred from the premises for
which the permit was issued.
(8) If the area in which the permit issued to a premises is
located is no longer designated an economic development
area, an area needing redevelopment, or a redevelopment
district, a permit issued under this section may be renewed,
and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(q) Except as provided in section 16.3 of this chapter, the
commission may issue a new three-way permit to an applicant who
is a proprietor, as owner or lessee, or both, of a restaurant located
within a transit development district established under
IC 36-7.5-4.5 and located in the city of Michigan City. The
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commission may issue not more than eight (8) new three-way
permits under this subsection. The following apply to a permit
issued under this subsection:
(1) The cost of an initial permit is forty thousand dollars
($40,000).
(2) The total number of active permits issued under this
subsection may not exceed the eight (8) new three-way
permits.
(3) The municipality may adopt an ordinance under
IC 7.1-3-19-17 requiring a permit holder to enter into a
formal written commitment as a condition of eligibility for a
permit. As set forth in IC 7.1-3-19-17(b), a formal written
commitment is binding on the permit holder and on any lessee
or proprietor of the permit premises.
(4) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(5) Except as provided in subdivision (7), the ownership of the
permit may not be transferred.
(6) The permit may not be transferred from the premises for
which the permit was issued.
(7) If the area in which the permit issued to a premises is
located is no longer designated as part of transit development
district established under IC 36-7.5-4.5, a permit issued under
this section may be renewed, and the ownership of the permit
may be transferred, but the permit may not be transferred
from the permit premises.
(r) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Delphi not more than two (2)
new three-way permits. The following apply to a permit issued
under this subsection:
(1) An applicant for a permit must be a proprietor, an owner
or lessee, or both, of a restaurant located within an economic
development area, an area needing redevelopment, or a
redevelopment district as established under IC 36-7-14 in the
city's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under this
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subsection may not exceed the two (2) new three-way permits.
(4) The city may adopt an ordinance under IC 7.1-3-19-17
requiring a permit holder to enter into a formal written
commitment as a condition of eligibility for a permit. As set
forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor
of the permit premises.
(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of the
permit may not be transferred.
(7) The permit may not be transferred from the premises for
which the permit was issued.
(8) If the area in which the permit issued to a premises is
located is no longer designated an economic development
area, an area needing redevelopment, or a redevelopment
district, a permit issued under this section may be renewed,
and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
(s) Except as provided in section 16.3 of this chapter, the
commission may issue to the city of Bloomington not more than
two (2) new three-way permits. The following apply to a permit
issued under this subsection:
(1) An applicant for a permit must be a proprietor, an owner
or lessee, or both, of a restaurant located within an economic
development area, an area needing redevelopment, or a
redevelopment district as established under IC 36-7-14 in the
city's:
(A) downtown redevelopment district; or
(B) downtown economic revitalization area.
(2) The cost of an initial permit is forty thousand dollars
($40,000).
(3) The total number of active permits issued under this
subsection may not exceed the two (2) new three-way permits.
(4) The city may adopt an ordinance under IC 7.1-3-19-17
requiring a permit holder to enter into a formal written
commitment as a condition of eligibility for a permit. As set
forth in IC 7.1-3-19-17(b), a formal written commitment is
binding on the permit holder and on any lessee or proprietor
of the permit premises.
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(5) Notwithstanding IC 7.1-3-1.1, if business operations cease
at the permit premises for more than six (6) months, the
permit shall revert to the commission and the permit holder
is not entitled to any refund or other compensation.
(6) Except as provided in subdivision (8), the ownership of the
permit may not be transferred.
(7) The permit may not be transferred from the premises for
which the permit was issued.
(8) If the area in which the permit issued to a premises is
located is no longer designated an economic development
area, an area needing redevelopment, or a redevelopment
district, a permit issued under this section may be renewed,
and the ownership of the permit may be transferred, but the
permit may not be transferred from the permit premises.
SECTION 2. An emergency is declared for this act.
SEA 89
President of the Senate
President Pro Tempore
Speaker of the House of Representatives
Governor of the State of Indiana
Date: Time:
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