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 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 this style type.
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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.