Sec. 28. A retailer permittee may sell or dispense alcoholic beverages for on-premises consumption only in an outdoor beer garden that:

(1) has a bar;

(2) is accessible only through the permit premises; and

(3) is a defined area that is enclosed by:

(A) the outside walls of the permit premises; or

(B) a nontransparent wall that is at least seventy-two (72) inches in height.

As added by P.L.285-2019, SEC.38.