(A) For purposes of this chapter all definitions provided for in I.C. 7.1 -3-31 et seq. are made a part hereof.
(B) The map attached to Ord. 2024-10, marked as Exhibit "A" and made part hereof depicts the area of the town to designated as the Town of Bargersville Designated Outdoor Refreshment Area (the "Area").
(C) The Council finds that the Town of Bargersville Designated Outdoor Refreshment Area is consistent with the town's Unified Development Code.
(D) The Council hereby approves and adopts the required signage designating the town's Area and directs the town to place the signage at the boundaries of the Area as required by law.
(E) The town's Area shall be in effect duringall authorized times pursuant to I.C. 7.1-3-1-14 and as may be amended from time to time.
(F) The town finds that each of the following retailers are an appropriated designated permittee and requests that the Indiana Alcohol Commission to issue each a "Refreshment Area Designation" upon submission of their completed application to the town to participate in the Area as a designated permittee:
(1) Taxman Brewing Company;
(2) Cellar's Market;
(3) Up Cellar; and
(4) Pizza & Libations.
(5) Any additional licensed premises located within the Area who desire to be designated as a "designated permittee" and granted a "refreshment area designation" shall submit the "Town of Bargersville DORA Retailer Application" to the town for approval and recommendation by the Town Council by Resolution.
(G) Any organization or establishment that desires to be a "vendor" for the Area shall submit a Special Event Permit Application and the State Form Designated Outdoor Refreshment Area Designation Form for each event to the town for approval.
(H) A vendor's location may be at any or all of the designated areas within the Area as shown on Exhibit "A" attached to Ord. 2024-10, subject to approval of the Special Event Permit and State Form.
(I) Nothing in this chapter shall prohibit a business, landlord, or other establishment from prohibiting open containers of alcoholic beverages to enter their premises or from prohibiting alcoholic beverages purchased from another establishment to enter their premises.
(J) The Town of Bargersville maintains full authority and control over the sidewalks and common areas within the Area and no one may prohibit or limit open containers in accordance with I.C. 7.1-3-31 within the Area in those spaces except for the Town of Bargersville Police Department.
(K) Upon receipt of a "refreshment area designation" from the Indiana Alcohol Commission the designated permittee shall remove all stanchions, fencing or other means of separation previously required by law from all common areas, sidewalks, and right-of-way of the Town of Bargersville as provided by I.C. 7.1-3-31-15.
(L) In accordance with I.C. 7.1-3-31 et seq., a person may consume an alcoholic beverage purchased from a designated permittee or vendor anywhere within the Area boundaries, subject to the right of any retailer permittee or business within the Area to refuse to allow individuals to enter the license premises or business with an alcoholic beverage.
(M) All designated permittees and vendors may allow a person to exit the designated permittee's or vendor's licensed premises with not more than two open containers of an alcoholic beverage at a time. The contents of an open container may not exceed the following:
(1) Beer or flavored malt beverage of not more than 16 ounces.
(2) Wine, cider, or hard seltzer of not more than 12 ounces.
(3) A mixed drink of not more than ten ounces containing not more than two ounces of liquor.
(N) A sign, as required by I.C. 7.1-3-31-16 must be posted at each exit of a designated permittee and on the licensed premises of a vendor.
(O) Glass containers may only be allowed in a designated permittee's outdoor dining area and may not be taken into to the Area.
(P) The town will add trash and/or recycling receptacles within the Area as needed with additional monitoring and collection upon evaluation. There is a regular maintenance and cleaning of these receptacles at a minimum of twice a week. In addition, the town Police Department currently conducts regular monitoring of the Area. The town Police Department will evaluate the implementation of the DORA and adjust monitoring and patrols as needed. The town will incur additional costs and expenses as a result of the additional sanitation monitoring and collection and monitoring by the town Police Department. In order to defray a portion of these additional costs and expenses incurred by the town each designated permittee and vendor shall be required to pay a $200 annual Sanitation and Public Safety Fee. The Sanitation and Public Safety Fee shall be due by January 31 of each year for each designated permittee. A vendor shall pay the Sanitation and Public Safety Fee no later than ten days before the first special event the vendor participates in.
(Q) In the event of an emergency, as determined by the Council or authorized by a state official, all activities within the Area shall be suspended until such time as the Council or state official have determined that activities within the Area can safely resume.
(Ord. 2024-10, passed 6-25-2024)