IN HB1518 | 2019 | Regular Session

Status

Completed Legislative Action
Spectrum: Bipartisan Bill
Status: Passed on May 6 2019 - 100% progression
Action: 2019-05-06 - Public Law 285
Text: Latest bill text (Enrolled) [PDF]

Summary

Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.

Tracking Information

Register now for our free OneVote public service or GAITS Professional trial account and you can begin tracking this and other legislation, all driven by the real-time data of the LegiScan API. Providing tools allowing you to research pending legislation, stay informed with email alerts, content feeds, and share dynamic reports. Use our new PolitiCorps to join with friends and collegaues to monitor & discuss bills through the process.

Monitor Legislation or view this same bill number from multiple sessions or take advantage of our national legislative search.

Title

Alcoholic matters and tobacco certificates. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest in other manufacturer's permits. Allows a patron to carry wine into an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the ATC or to a local ATC board. Allows a hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery to sell their product to a supplemental caterer for an outdoor event held at the brewery or farm winery. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides the following regarding deposit of a permit in escrow: (1) A permit may be placed in escrow for an initial two year term. (2) Subject to the ATC's approval, the permit holder may receive up to three 12 month extensions of the initial two year escrow period. Makes conforming amendments concerning permits currently escrowed. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square feet, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located at least 85 feet from a church if the church is separated from the retailer by a road having a width of 30 feet. Allows a supplemental caterer operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the ATC to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Provides that a holder of a permit for the state fair grounds that is a small brewery, farm winery, or artisan distillery, may, at the discretion of the state fair commission, sell alcoholic beverages produced by the permit holder for carryout at a trade show or exposition but not during the state fair. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Permits an alcohol manufacturer, wholesaler, or retailer to provide free or discounted rides to a consumer for the purpose of furthering public safety. Specifies that the provision of a free or discounted ride may not be conditioned on the purchase of an alcoholic beverage.

Sponsors


Roll Calls

2019-04-24 - Senate - Senate - Rules Suspended. Conference Committee Report 1 (Y: 40 N: 9 NV: 0 Abs: 1) [PASS]
2019-04-24 - House - House - Rules Suspended. Conference Committee Report 1 (Y: 83 N: 6 NV: 1 Abs: 10) [PASS]
2019-04-16 - Senate - Senate - Third reading (Y: 42 N: 7 NV: 0 Abs: 1) [PASS]
2019-04-10 - Senate - Senate - Committee Vote (Y: 10 N: 0 NV: 0 Abs: 0) [PASS]
2019-02-21 - House - Third reading (Y: 81 N: 16 NV: 1 Abs: 2) [PASS]
2019-02-18 - House - House - Committee Vote (Y: 20 N: 0 NV: 0 Abs: 4) [PASS]
2019-02-13 - House - House - Committee Vote (Y: 12 N: 1 NV: 0 Abs: 0) [PASS]

History

DateChamberAction
2019-05-06HousePublic Law 285
2019-05-06HouseSigned by the Governor
2019-04-30SenateSigned by the President of the Senate
2019-04-24SenateSigned by the President Pro Tempore
2019-04-24HouseSigned by the Speaker
2019-04-24SenateRules Suspended. Conference Committee Report 1: adopted by the Senate; Roll Call 603: yeas 40, nays 9
2019-04-24HouseRules Suspended. Conference Committee Report 1: adopted by the House; Roll Call 622: yeas 83, nays 6
2019-04-24SenateCCR # 1 filed in the Senate
2019-04-24HouseCCR # 1 filed in the House
2019-04-18SenateSenate advisors appointed: Messmer, Lanane and Bohacek
2019-04-18SenateSenate conferees appointed: Alting and Randolph Lonnie M
2019-04-18HouseHouse advisors appointed: Clere, Schaibley, Lehman, Austin and Summers
2019-04-18HouseHouse conferees appointed: Smaltz and Moed
2019-04-17HouseHouse dissented from Senate amendments
2019-04-17HouseMotion to dissent filed
2019-04-17SenateReturned to the House with amendments
2019-04-16SenateSenator Stoops added as cosponsor
2019-04-16SenateThird reading: passed; Roll Call 495: yeas 42, nays 7
2019-04-15SenateAmendment #2 (Boots) prevailed; voice vote
2019-04-15SenateAmendment #3 (Taylor G) prevailed; voice vote
2019-04-15SenateAmendment #1 (Messmer) prevailed; voice vote
2019-04-15SenateSecond reading: amended, ordered engrossed
2019-04-15SenateSenator Bohacek added as third sponsor
2019-04-15SenateSenator Messmer added as second sponsor
2019-04-11SenateCommittee report: amend do pass, adopted
2019-03-11SenateSenator Randolph added as cosponsor
2019-03-05SenateFirst reading: referred to Committee on Public Policy
2019-02-22HouseReferred to the Senate
2019-02-21HouseSenate sponsor: Senator Alting
2019-02-21HouseThird reading: passed; Roll Call 257: yeas 81, nays 16
2019-02-20HouseRepresentative Forestal added as coauthor
2019-02-20HouseAmendment #1 (Wesco) motion withdrawn
2019-02-20HouseSecond reading: ordered engrossed
2019-02-18HouseCommittee report: amend do pass, adopted
2019-02-14HouseReferred to the Committee on Ways and Means pursuant to House Rule 127
2019-02-14HouseCommittee report: amend do pass, adopted
2019-01-29HouseRepresentatives Clere and Moed added as coauthors
2019-01-17HouseFirst reading: referred to Committee on Public Policy
2019-01-17HouseAuthored by Representative Smaltz

Indiana State Sources

TypeSource
Summaryhttp://iga.in.gov/legislative/2019/bills/house/1518/
Texthttp://iga.in.gov/static-documents/5/6/e/1/56e1594f/HB1518.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/0/4/5/1/045100a7/HB1518.01.INTR.pdf
Texthttp://iga.in.gov/static-documents/9/6/7/b/967b724e/HB1518.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/d/3/8/a/d38ab387/HB1518.02.COMH.pdf
Texthttp://iga.in.gov/static-documents/4/6/0/8/46087de3/HB1518.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/d/c/f/0/dcf054eb/HB1518.03.COMH.pdf
Texthttp://iga.in.gov/static-documents/3/a/0/5/3a053878/HB1518.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/2/b/f/1/2bf1f2c4/HB1518.04.COMS.pdf
Texthttp://iga.in.gov/static-documents/8/f/6/5/8f65c51d/HB1518.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/6/c/3/5/6c35a890/HB1518.05.ENGS.pdf
Texthttp://iga.in.gov/static-documents/9/e/7/5/9e75a948/HB1518.06.ENRS.pdf
Roll Callhttp://iga.in.gov/static-documents/c/b/1/5/cb15a284/HB1518.01.INTR.00.pdf
Roll Callhttp://iga.in.gov/static-documents/6/9/a/0/69a09a54/HB1518.02.COMH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/2/9/4/5/2945dc96/HB1518.257.pdf
Roll Callhttp://iga.in.gov/static-documents/7/b/c/f/7bcfcb16/HB1518.03.COMH.00.pdf
Roll Callhttp://iga.in.gov/static-documents/d/9/0/d/d90dde46/HB1518.495.pdf
Roll Callhttp://iga.in.gov/static-documents/7/7/0/3/77036190/HB1518.622.pdf
Roll Callhttp://iga.in.gov/static-documents/4/a/0/c/4a0ce356/HB1518.603.pdf

Bill Comments

feedback