Introduced Version
HOUSE BILL No. 1259
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-3-21.
Synopsis: Alcoholic beverage permit residency requirements.
Eliminates the residency requirements for an alcoholic beverage
retailer's permit. Changes the residency requirement from five to six
years for a grocery store, drug store, or package liquor store permit
(dealer's permit) issued to a person. Changes from five to six years the
residency requirements for a package liquor store or liquor wholesaler
permit held by a corporation, partnership, limited partnership, or
limited liability company.
Effective: July 1, 2013.
Davis
January 14, 2013, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 118th General Assembly (2013)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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Additions: Whenever a new statutory provision is being enacted (or a new constitutional
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NEW will appear in that style type in the introductory clause of each SECTION that adds
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Conflict reconciliation: Text in a statute in
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HOUSE BILL No. 1259
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-3-21-3; (13)IN1259.1.1. -->
SECTION 1. IC 7.1-3-21-3, AS AMENDED BY P.L.165-2006,
SECTION 28, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 3. The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit of any type;
or
(2) a liquor wholesaler's permit;
to a person who has not been a continuous and bona fide resident of
Indiana for five (5) six (6) years immediately preceding the date of the
application for a permit.
SOURCE: IC 7.1-3-21-5; (13)IN1259.1.2. -->
SECTION 2. IC 7.1-3-21-5, AS AMENDED BY P.L.165-2006,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5. (a) The commission shall not issue:
(1)
an alcoholic beverage retailer's or dealer's a package liquor
store permit;
of any type; or
(2) a liquor wholesaler's permit;
to a corporation unless sixty percent (60%) of the outstanding common
stock is owned by persons who have been continuous and bona fide
residents of Indiana for five (5) six (6) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a corporation unless at least one (1) of the stockholders shall have been
a resident, for at least one (1) year immediately prior to making
application for the permit, of the county in which the licensed premises
are to be situated.
(c) Each officer and stockholder of a corporation shall possess all
other qualifications required of an individual applicant for that
particular type of permit.
SOURCE: IC 7.1-3-21-5.2; (13)IN1259.1.3. -->
SECTION 3. IC 7.1-3-21-5.2, AS AMENDED BY P.L.165-2006,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.2. (a) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's a package liquor
store permit; of any type; or
(2) a liquor wholesaler's permit;
to a limited partnership unless at least sixty percent (60%) of the
partnership interest is owned by persons who have been continuous and
bona fide residents of Indiana for five (5) six (6) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a limited partnership unless for at least one (1) year immediately before
making application for the permit, at least one (1) of the persons having
a partnership interest has been a resident of the county in which the
licensed premises are to be situated.
(c) Each general partner and limited partner of a limited partnership
must possess all other qualifications required of an individual applicant
for that particular type of permit.
SOURCE: IC 7.1-3-21-5.4; (13)IN1259.1.4. -->
SECTION 4. IC 7.1-3-21-5.4, AS AMENDED BY P.L.165-2006,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 5.4. (a) The commission shall not issue:
(1)
an alcoholic beverage retailer's or dealer's a package liquor
store permit;
of any type; or
(2) a liquor wholesaler's permit;
to a limited liability company unless at least sixty percent (60%) of the
membership interest is owned by persons who have been continuous
and bona fide residents of Indiana for
five (5) six (6) years.
(b) The commission shall not issue a liquor wholesaler's permit to
a limited liability company unless for at least one (1) year immediately
before making application for the permit, at least one (1) of the persons
having a membership interest has been a resident of the county in
which the licensed premises are to be situated.
(c) Each manager and member of a limited liability company must
possess all other qualifications required of an individual applicant for
that particular type of permit.
SOURCE: IC 7.1-3-21-6; (13)IN1259.1.5. -->
SECTION 5. IC 7.1-3-21-6, AS AMENDED BY P.L.233-2007,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2013]: Sec. 6.
(a) The provisions of sections 4, 5, 5.2, and 5.4
of this chapter concerning retail and dealer partnerships, corporations,
limited partnerships, and limited liability companies shall not apply to
the issuance of: The commission may not issue the following permits
to a foreign corporation, foreign limited partnership, or foreign
limited liability company that is not qualified to do business in
Indiana:
(1) a dining car permit;
(2) a boat permit;
(3) a drug store permit;
(4) a grocery store permit;
(5) a hotel permit;
(6) an airplane permit;
(7) a gaming site permit;
(8) a horse track permit;
(9) a satellite facility permit; or
(10) a retail permit to an establishment:
(A) that is sufficiently served by adequate law enforcement at
its permit location; and
(B) whose annual gross food sales at the permit location:
(i) exceed one hundred thousand dollars ($100,000); or
(ii) in the case of a new application and as proved by the
applicant to the local board and the commission, will exceed
two hundred thousand dollars ($200,000) by the end of the
two (2) year period from the date of the issuance of the
permit.
(b) The commission shall not issue a permit listed in subsection (a)
to a foreign:
(1) corporation;
(2) limited partnership; or
(3) limited liability company;
that is not duly qualified to do business in Indiana.