(1) a package liquor store that holds a liquor dealer’s permit under IC 7.1-3-10; or

(2) any other entity that is required to operate under a license issued under IC 7.1;

is not eligible for incentives available to zone businesses.

     (b) Subsection (a) does not apply to the recipient of an incentive if:

(1) the recipient entered into a written agreement concerning the incentive under IC 4-4-6.1-8 (transferred to section 17 of this chapter) before July 1, 1995;

(2) the recipient is described in:

(A) IC 7.1-3-3-1;

(B) IC 7.1-3-8-1;

(C) IC 7.1-3-13-1; or

(D) IC 7.1-5-7-11; or

(3) the recipient:

(A) holds a license under IC 7.1; and

(B) receives at least sixty percent (60%) of the recipient’s annual revenue from retail food sales.

As added by P.L.4-2005, SEC.34.