* The most recently posted policies and procedures supersedes any conflicting policy or procedure previously posted.
COVID19 Resources: Below are some resources to guide you through COVID19 and its business implications.
- Click here for the Indiana State Department of Health
- Click here for the Center for Disease Control
- Click here for Governor Holcomb’s Stay at Home Executive Order, deeming grocery stores, restaurants for carryout and liquor stores as essential services
- Click here for Frequently Asked Questions regarding the Stay at Home order
- Click here for information on the State’s hotline to help businesses & industry with the Stay-at-Home Order
- Click here for Governor Holcomb’s Executive Order on the Carryout Consumption of Alcohol
- Click here for Governor Holcomb’s Executive Order on the Enforcement Directive Regarding Prohibition of In-Person Dining
- Click here for Governor Holcomb's Executive Order on the Continuation of EOs 20-04, 20-10, and 20-11 Pertaining to Restaurants and Alcoholic Beverages
- Click here for Governor Holcomb's Executive Order on Continued Directive for Hoosiers to Stay at Home; Extension of Continuity of Operations of Government; and Extension of Executive Orders Pertaining to Restaurants and Alcoholic Beverages
April 7, 2020 - Essential Businesses
On April 6, 2020, Governor Holcomb issued Executive Order 20-18, which allows those businesses “providing the necessities of life,” such as grocery stores, supermarkets or mass merchandizers, to remain open to the public under specific conditions and restrictions outlined in Governor Holcomb’s order.
Those stores that do not sell the necessities of life, such as liquor stores, restaurants and tobacco stores, may remain open only for online or call-in ordering with home delivery (if legally permitted) or curbside pickup and must comply with social distancing and sanitation of applicable areas and other mitigation measures to protect its employees and the public.
Additionally, the carryout provisions for bars and restaurants in EO 20-04, EO 20-10 and 20-14 have been extended.
This Executive Order will remain in effect until 11:59 p.m. on April 20, 2020 unless otherwise rescinded, modified or extended by Governor Holcomb.
March 31, 2020
Governor Holcomb issued EO20-14 which extends the prior EOs related to alcohol, including the prohibition against dining on premises and the carryout provisions and the following:
- EO 20-14 prohibits in-person dining in an establishment’s parking lot, patio and other outside seating
- EO20-14 permits taking the alcohol to a vehicle adjacent to the restaurant premises. This does not change anything that was previously covered by the Chairman’s order on floor plans.
- EO20-14 states that this does not permit the carryout of mixed drinks.
Tobacco Business – Those establishments primarily engaged in the sale of tobacco products, e-liquid and e-cigarettes have been deemed to be non-essential businesses and must close under EO 20-08.
March 30th, 2020: Parking Lot Restaurants / Tailgating
The Governor’s executive order prohibits in person dining services, including service to vehicles for in person dining. The Governor’s Executive Orders are designed to eliminate large gatherings and maintain social distancing. Parking lot restaurants will be considered a violation of the Governor’s Executive Orders and will be treated accordingly.
March 24th, 2020:
Amended Rules under Executive Order 20-05
- Amended Floorplans
The Chairman orders 905 IAC 1-41-2(e) temporarily suspended to the extent that it does not include areas where alcohol is sold to a person located in an area for pick up immediately adjacent to the licensed premises. The Chairman further orders that all licensed premises are automatically extended to include the areas where alcohol is sold to a person located in an area for pick up immediately adjacent to the licensed premises, including a parking lot area for vehicles.
Carryout of Alcoholic Beverages at Clubs
The Chairman has temporarily suspended the provisions of 905 Indiana Administrative Code 1-13-3 to the extent it requires alcoholic beverages to be consumed on-premises, thereby allowing holders of club permits to sell alcoholic beverages for carryout consumption.
March 23rd, 2020: Executive Order 20-02 - Public Health Emergency
On March 6, 2020, Indiana Governor Eric Holcomb signed Executive Order 20-02 declaring a public health emergency for the Coronavirus 2019 outbreak, enabling broad powers for his office to suspend, modify and amend current Indiana statutes and rules. On March 23, 2020, Governor Holcomb announced a number of modifications and suspensions of state statutes – please find those related to the Indiana Alcohol and Tobacco Commission outlined below:
Indiana Alcohol and Tobacco Commission Public Meetings
- Local Board Hearings
- All local board hearings will be cancelled until further notice.
- Alcohol and Tobacco Commission Escrow Hearings
- Previously-scheduled escrow hearings will be postponed. Those wanting to request escrow status can still submit the required information.
- Alcohol and Tobacco Commission Meetings
- The Commission meeting previously schedule for March 24, 2020 is cancelled.
- On-Premises Dining
- Pursuant to Executive Order 20-10, the Chairman of the Indiana Alcohol and Tobacco Commission has the statutory authority under IC 7.1-2-3-11 to suspend the sale, transportation or movement of alcoholic beverages when, in the judgment of the commission, it is necessary during a time of public emergency, civil disturbance, riot or epidemic. This prohibition may be imposed without prior notice or advertisement and may be continued in force as long as the need continues. The Commission, therefore, can and will suspend the sale of alcoholic beverages for those permittees who are choosing to ignore Governor Holcomb’s Executive Order 20-04. Additionally, compliance or noncompliance of the executive order related to on-premises consumption will be considered upon renewals of the alcoholic beverage permit.
- This policy does not prohibit employees who are working a shift from consumig meals on the restaurant's premises if social distancing guidelines are followed.
- To file a complaint with the Indiana State Excise Police, please contact your local ISEP district (ISEP Contact Information).
- Carry-Out of Alcoholic Beverages
- The requirements of IC 7.1-3-20-9.5 have been suspended, allowing restaurants permitted to sell for carryout to sell alcoholic beverages for carryout only and eliminates the requirements that at least 60% of alcoholic beverages be sold for on-premises consumption.
- Executive Order 20-11 relaxes the sale of carryout alcoholic beverages for dining establishments. This includes establishments that allow for on-premises consumption only (i.e. riverfront, civic centers, 210-1 permits, etc). If your permit is not otherwise eligible for carryout privileges, you do not need to apply for a carryout permit with the Alcohol and Tobacco Commission.
- Executive Order 20-11 Suspends the provisions of Ind. Code to the extent they require alcoholic beverages to be consumed on-premises and to the extent it prohibits the fill, refill and carryout of alcoholic beverages in bottles or containers. Pursuant to this Order, all on-premises retail permit holders may sell alcoholic beverages for carryout consumption. Additionally, any beer retailer’s permit holder may fill, refill, and carry out beer in permissible refillable containers (e.g. growlers, howlers, and crowlers). Selling mixed drinks for carryout is prohibited.
- Application Processes
- Gov. Holcomb ordered an automatic extension of all state-issued licenses, including alcohol permits, employee permits and tobacco certificates, that expire during this emergency.
- Wholesaler Information
- Return product – Please refer to the Federal Alcohol and Tobacco Tax and Trade Bureau’s newsletter for more information and guidance regarding consignment sales during this crisis.
- Credits and payments – During the governor’s executive order, we will be respond to any complaints, but the Indiana State Excise Police will not be making the 15-day credit terms for retailers/dealers and wholesalers an enforcement priority.
- Signature Upon Delivery – There is nothing in statute that requires a signature to be obtained upon the delivery of alcohol. IC 7.1-4-2-7 and 905 1-31-3 requires the name, address and permit number of both the seller and the purchaser.
- Local Board Hearings
March 20th, 2020: Local Board Meetings, March & April Meetings Continued
Local board meetings scheduled for the rest of March, as well as all meetings set for April, are being continued until at least after May 1st. If your permit is expiring and is impacted by commission or local board meeting delays or cancellations, please the below March 18th posting for directions on applying for an extension.
March 20th, 2020: Staring Monday, March 23rd, 2020 all ATC & ISEP offices will be closed to the public until further notice
March 19th, 2020: Group Purchased Product (GPA) Delivery PolicyBars and Restaurants
Governor Holcomb’s Executive Order 20-04 issued on March 16, 2020 stated “In consultation with and concurrence of the Commissioner of ISDH, restaurants, bars, nightclubs and other establishments that provide in-dining services are required to close to in-person patrons through the duration of EO 20-04, but these entities are authorized to provide drive-thru, take-out and delivery services.” It is our interpretation that any establishment selling food or beverages for on-premises consumption is ordered to be closed
March 19th, 2020: Group Purchased Product (GPA) Delivery Policy
The following relaxation of delivery rules are in effect during Indiana's State of Emergency;
Designated agents are encouraged to adhere to the Governor’s and CDC directives to limit the number of persons gathered in groups to less than 50 people while maintaining appropriate social distancing. As an example, designated agents may be able to schedule specific times at which individual group members are assigned to arrive and take delivery of their GPA product thereby reducing the actual number of persons congregating at any one time to take delivery, in the alternative
The wholesaler, as long as the terms of the group purchase agreement are honored, may elect to make individual deliveries to GPA members.
This initiative is designed to comply with the Governor’s Executive order restricting and limiting group gatherings, to discourage large gatherings congregating at the designated agent’s premises, and to best protect the health of delivery drivers and designated agent personnel by minimizing exposure to as few of people as possible. This relaxation of the existing rules regarding delivery of GPA products expires with the Governor's State of Emergency.