Sec. 21. (a) In order to be considered a “resort hotel” within the meaning of this title and to be eligible to receive an appropriate resort hotel permit under this title, an establishment shall meet the following requirements:

(1) It shall be constantly patronized during a season of at least three (3) months.

(2) It shall have improvements of a least five thousand dollars ($5,000), in value, on the premises.

(3) It shall have at least twenty-five (25), adequately furnished and completely separate sleeping rooms, exclusive of any basement rooms, with adequate facilities.

(4) It shall be so disposed that persons usually apply for and receive overnight accommodations in it.

(5) It shall have either a:

(A) regular dining room frequented by customers each day during which the resort hotel is open to the public; or

(B) room in which continental breakfasts and hors d’oeuvres are served in areas designated as dining rooms.

(6) It shall be located on one (1) premises.

(7) It shall be operated by one (1) person, or under one (1) management.

(8) It shall be a permanent structure of at least two (2) stories, exclusive of the basement.

(9) It shall be reasonably fire-proof.

(10) It shall be sufficiently responsible to discharge all of its obligations under the law to its guests and it shall have kept a register of its guests.

(11) It shall have been in active operation for a period of three (3) years immediately prior to the filing of the application for a permit.

     (b) This subsection applies to a hotel that qualifies under subsection (a)(5)(B). All laws and commission rules regarding legal serving for alcoholic beverages fully apply to the hotel. Rooms that qualify under subsection (a)(5)(B) qualify as rooms under IC 7.1-5-7-11(a)(16). The commission may adopt rules under IC 4-22-2 concerning floor plans of the hotel.

[Pre-1973 Recodification Citation: 7-1-1-3(n).]

Formerly: Acts 1973, P.L.55, SEC.1. As amended by P.L.204-2001, SEC.37.