Bill Text: IN HB1115 | 2013 | Regular Session | Introduced
Bill Title: Alcoholic beverages.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2013-01-08 - First reading: referred to Committee on Public Policy [HB1115 Detail]
Download: Indiana-2013-HB1115-Introduced.html
Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-5-9-12.
Synopsis: Alcoholic beverages. Allows an affiliate of a wholesaler that
holds a carrier's alcoholic permit to provide logistic services that
involve providing, documenting and coordinating delivery,
transporting, preparing an order for, storing, or warehousing alcoholic
beverages of any type. Prohibits a carrier holding a carrier's alcoholic
permit from providing logistic services unless the carrier: (1) enters
into a written agreement with the wholesaler that is requesting the
logistic services; and (2) charges a commercially reasonable fee.
Requires a carrier who provides logistic services to provide annually
to the alcohol and tobacco commission a: (1) copy of all the written
agreements with a wholesaler; and (2) report from a certified public
accountant regarding payment for the logistic services. Prohibits a
carrier's alcoholic permit under which logistic services are provided
from being transferred. Prohibits employees of a carrier providing
logistic services from providing any post delivery merchandising, sales,
or other services to an alcoholic beverage retailer or dealer permittee.
Effective: July 1, 2013.
January 8, 2013, read first time and referred to Committee on Public Policy.
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) providing;
(2) documenting and coordinating delivery of;
(3) transporting;
(4) preparing an order for;
(5) storing; or
(6) warehousing;
alcoholic beverages.
(b) The term does not include soliciting orders for alcoholic
beverages.
(b) A beer wholesaler permittee may possess, transport, sell, and deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the brand purchased;
(2) an employee; or
(3) a holder of a beer retailer's permit, beer dealer's permit, temporary beer permit, dining car permit, boat permit, airplane permit, or supplemental caterer's permit;
located within this state. Except as provided in subsection (g), IC 7.1-3-8-3, or IC 7.1-3-13-3, the sale, transportation, and delivery of beer shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery.
(c) The beer wholesaler's bona fide regular employees may purchase beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in an amount not to exceed forty-eight (48) pints; or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery of beer shall be subject to the rules of the commission and subject to the same restrictions provided in this title for a person holding a brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import, possess, transport, sell, and deliver any commodity listed in IC 7.1-3-10-5, unless prohibited by this title. However, a beer wholesaler may deliver flavored malt beverages only to the holder of one (1) of the following permits:
(1) A beer wholesaler or wine wholesaler permit, if the wholesaler is authorized by the primary source of supply to sell the brand of flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary wine permit, dining car wine permit, boat permit, airplane permit, or supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9
and deliver the stored beer to another beer wholesaler that the
out-of-state brewer authorizes to sell the beer;
(2) perform all necessary accounting and auditing functions
associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services
described in subdivisions (1) through (2).
(g) An affiliate of a beer wholesaler that holds a carrier's
alcoholic permit under IC 7.1-3-18-1 may provide logistic services
to one (1) or more of the following:
(1) The holder of a beer wholesaler's permit.
(2) The holder of a wine wholesaler's permit.
(3) The holder of a liquor wholesaler's permit.
(b) A liquor wholesaler shall be entitled to purchase liquor within this state from a person who holds a distiller's permit, a rectifier's permit, or a liquor wholesaler's permit. A liquor wholesaler also may purchase liquor outside this state from the primary source of supply and, from that source, may transport and import liquor into this state.
(c) A liquor wholesaler may sell, transport, and deliver liquor only to a person who, under this title, holds a:
(1) liquor retailer's permit;
(2) supplemental caterer's permit;
(3) liquor dealer's permit; or
(4) liquor wholesaler's permit.
Except as provided in subsection (e), IC 7.1-3-3-5, or IC 7.1-3-13-3, the sale, transportation, and delivery of liquor shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery, and only in permissible containers and is subject to the rules of the commission fixing the quantity which may be sold or delivered at any one (1) time.
(d) A liquor wholesaler's bona fide regular employees may purchase liquor from the wholesaler in an amount not to exceed eighteen (18) liters.
(e) An affiliate of a liquor wholesaler that holds a carrier's alcoholic permit under IC 7.1-3-18-1 may provide logistic services to one (1) or more of the following:
(1) The holder of a beer wholesaler's permit.
(2) The holder of a wine wholesaler's permit.
(3) The holder of a liquor wholesaler's permit.
(b) An affiliate of a wine wholesaler that holds a carrier's alcoholic permit under IC 7.1-3-18-1 may provide logistic services to one (1) or more of the following:
(1) The holder of a beer wholesaler's permit.
(2) The holder of a wine wholesaler's permit.
(3) The holder of a liquor wholesaler's permit.
(1) any alcoholic distillate described in 27 CFR 5.22(d) as in effect on January 1, 1983; or
(2) a beverage product that:
(A) is prepared from a liquid described in subdivision (1);
(B) is classified as a cordial or liqueur as defined in 27 CFR 5.22(h) as in effect on January 1, 1997; and
(C) meets the following requirements:
(i) At least sixty-six and two-thirds percent (66 2/3%) of the product's alcohol content is composed of a substance described in subdivision (1).
(ii) The product's label makes no reference to any distilled spirit other than brandy.
(iii) The product's alcohol content is not less than sixteen percent (16%) by volume or thirty-two (32) degrees proof.
(iv) The product contains dairy cream.
(v) The product's sugar, dextrose, or levulose content is at least twenty percent (20%) of the product's weight.
(vi) The product contains caramel coloring.
(1) hold a beer wholesaler's permit under IC 7.1-3-3;
(2) possess, sell, or transport beer; or
(3) sell more than one million (1,000,000) gallons of flavored malt beverage during a calendar year.
(1) enters into a written agreement to provide logistic services with the wholesaler; and
(2) charges a commercially reasonable fee for the logistic services provided.
(b) A carrier that holds a carrier's alcoholic permit and provides logistic services to a wholesaler shall provide the following to the commission annually:
(1) A copy of all written agreements entered into between the carrier and the wholesaler.
(2) A report of a certified public accountant based on an examination that was conducted in accordance with attestation standards established by the American Institute of Certified Public Accountants that expresses an opinion as to whether:
(A) the carrier has received from the wholesaler only the amount of compensation provided for in the written agreement with the wholesaler; and
(B) any wholesaler with which the carrier is affiliated has received any compensation for the logistic services provided by the carrier.
(c) The carrier's alcoholic permit of a carrier that provides logistic services as provided in this section may not be transferred.
(d) The employees of a carrier who provide logistic services may not provide any post delivery merchandising, sales, or other services to an alcoholic beverage retailer or dealer permittee.
FOLLOWS [EFFECTIVE JULY 1, 2013]: Sec. 12. Use of Another's
Warehouse Prohibited. Except as provided under IC 7.1-3-3-5,
IC 7.1-3-8-3, or IC 7.1-3-13-3, it is unlawful for a holder of a brewer's
permit, beer or liquor wholesaler's permit, or a beer or liquor retailer's
permit, to own, operate, maintain on his the permittee's own account,
patronize, use, or employ a warehouse, storage, or depot, owned or
operated by another person for the storage or keeping of an alcoholic
beverage except at the plant or premises which is covered by his the
permittee's permit.
