Bill Text: IN HB1299 | 2012 | Regular Session | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Alcoholic beverage matters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Public Policy [HB1299 Detail]
Download: Indiana-2012-HB1299-Introduced.html
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 inthis style type.
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 orthis style type reconciles conflicts
between statutes enacted by the 2011 Regular Session of the General Assembly.
Bill Title: Alcoholic beverage matters.
Spectrum: Bipartisan Bill
Status: (Engrossed - Dead) 2012-02-01 - First reading: referred to Committee on Public Policy [HB1299 Detail]
Download: Indiana-2012-HB1299-Introduced.html
Introduced Version
HOUSE BILL No. 1299
_____
DIGEST OF INTRODUCED BILL
Citations Affected: IC 7.1-2-3-9.1; IC 7.1-3.
Synopsis: Alcoholic beverage matters. Makes certain changes
concerning the requirements for the alcohol and tobacco commission
(commission) in maintaining the registry of all retailer's and dealer's
permits. Removes and repeals certain provisions concerning residency
requirements for alcoholic beverage retailer's and dealer's permits and
liquor wholesaler's permits. Prohibits the commission from issuing any
permit to foreign corporations, limited liability partnerships, or limited
liability companies not qualified to do business in Indiana. (Current law
prohibits the commission from issuing certain permits to foreign
corporations, limited liability partnerships, or limited liability
companies not qualified to do business in Indiana.) Allows the
commission to issue an order directing a holder of an alcoholic
beverage permit to cease and desist in: (1) the manufacturing,
rectifying, distributing, transporting, or selling of; or (2) otherwise
dealing in; an alcoholic beverage that the commission reasonably
believes has a dangerously harmful effect on the health or well-being
of individuals who consume the alcoholic beverage. Allows the
permittee to: (1) request a hearing regarding the commission's
determination that the alcoholic beverage is harmful; and (2) seek
judicial review of the final action by the commission. Allows the
commission to fine, suspend, or revoke the permit of a permittee who
violates a cease and desist order issued under this provision. Makes
conforming changes.
Effective: Upon passage; July 1, 2012.
Davis, Welch, Turner
January 10, 2012, read first time and referred to Committee on Public Policy.
Introduced
Second Regular Session 117th General Assembly (2012)
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
HOUSE BILL No. 1299
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 7.1-2-3-9.1; (12)IN1299.1.1. -->
SECTION 1. IC 7.1-2-3-9.1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 9.1. (a) The
commission shall prepare and maintain, available for public inspection,
a an electronic registry of all retailer and dealer retailer's and
dealer's permits (including supplemental permits) issued by it, the
commission, categorized by type of permit. and by the type of
establishment to which it is issued. The registry of permits shall:
(1) besubdivided in a format that is capable of being
subdivided on a county by county basis, and further subdivided
capable of being subdivided by city, town, and unincorporated
area;
(2) contain the number of permits authorized by the quota, and the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of the licensed premises, the assumed business name under which the business is conducted, and, if a corporation, the names of the president and secretary; and
(4) be made current annually, to indicate by specific notation any new permits that were issuedor any existing permits that were
transferred in any manner within the prior year. as a result of an
increase in population or annexation.
(b) The commission shalldistribute one (1) complete copy of the
registry of permits for that particular county to each county clerk, at no
cost to the county clerk, make the registry, each time the registry is
made current, The county clerk shall immediately notify the county
treasurer that the registry has been received and make the registry
available for copying by the county treasurer. Each county clerk shall
maintain a copy of the registry of permits available for public
inspection in the county clerk's office during normal business hours.
available for public inspection on the Internet through the
computer gateway administered by the office of technology
established by IC 4-13.1-2-1.
(c) The commission shall provide for the sale of the registry of permits to the public on a cost basis, both as a complete statewide registry and as a countywide registry. The registry must be available for sale on the Internet through the computer gateway administered by the office of technology established by IC 4-13.1-2-1.
(1) be
(2) contain the number of permits authorized by the quota, and the number of permits currently issued;
(3) contain the name of the owner of the permit, the address of the licensed premises, the assumed business name under which the business is conducted, and, if a corporation, the names of the president and secretary; and
(4) be made current annually, to indicate by specific notation any new permits that were issued
(b) The commission shall
(c) The commission shall provide for the sale of the registry of permits to the public on a cost basis, both as a complete statewide registry and as a countywide registry. The registry must be available for sale on the Internet through the computer gateway administered by the office of technology established by IC 4-13.1-2-1.
SOURCE: IC 7.1-3-2-2; (12)IN1299.1.2. -->
SECTION 2. IC 7.1-3-2-2, AS AMENDED BY P.L.186-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 2. (a) Except as provided in subsection (b),
the commission may issue a brewer's permit only to:
(1) an individual;
(2) a partnership;all the partners of which are bona fide residents
of Indiana;
(3) a limited liability company;all the members of which are bona
fide residents of Indiana; or
(4) a corporationorganized and existing under the laws of Indiana
and having authority under its the corporation's charter to
manufacture or sell beer.
(b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year to:
(1) an individual;
(2) a partnershiporganized and existing under the laws of
Indiana;
(3) a limited liability companyorganized and existing under the
laws of Indiana; or
(4) a corporationorganized and existing under the laws of
(1) an individual;
(2) a partnership;
(3) a limited liability company;
(4) a corporation
(b) The commission may issue a brewer's permit to a brewer for a brewery that manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year to:
(1) an individual;
(2) a partnership
(3) a limited liability company
(4) a corporation
Indiana.
SOURCE: IC 7.1-3-6-2; (12)IN1299.1.3. -->
SECTION 3. IC 7.1-3-6-2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 2. Persons Eligible
for Permits. The commission may issue a temporary beer permit to a
person who is qualified to hold a beer retailer's permit and who has
such other qualifications as the commission may prescribe by a
provisional order until it adopts a rule or regulation on the matter.
However, the special disqualifications listed in IC 1971, 7.1-3-4-2(c),
(h), and (m) and the residency requirements provided in IC 1971,
7.1-3-21-3, IC 7.1-3-4-2(3), IC 7.1-3-4-2(8), and IC 7.1-3-4-2(13)
shall not apply to an applicant for a temporary beer permit.
SOURCE: IC 7.1-3-16-6; (12)IN1299.1.4. -->
SECTION 4. IC 7.1-3-16-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 6. Persons Eligible
for Permits. The commission may issue a temporary wine permit to a
person who is qualified to hold a beer retailer's permit and who has
such other qualifications as the commission may prescribe by a
provisional order until it adopts a rule or regulation on the matter.
However, the special disqualifications listed in IC 1971, 7.1-3-4-2(c),
(h), and (m) and the residency requirements provided in IC 1971,
7.1-3-21-3, IC 7.1-3-4-2(3), IC 7.1-3-4-2(8), and IC 7.1-3-4-2(13)
shall not apply to an applicant for a temporary wine permit.
SOURCE: IC 7.1-3-21-0.1; (12)IN1299.1.5. -->
SECTION 5. IC 7.1-3-21-0.1, AS ADDED BY P.L.220-2011,
SECTION 174, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE UPON PASSAGE]: Sec. 0.1. Notwithstanding the
amendments made to sections 3 (repealed), 5, 5.2, and 5.4 of this
chapter by P.L.72-2004, the residency requirement of five (5) years for
beer wholesalers under sections 3 (repealed), 5, 5.2, and 5.4 of this
chapter (as those provisions existed on June 30, 2004) shall remain in
effect for all contracts entered into before July 1, 2004, under which a
permit is to be transferred from an Indiana resident to a person who
was not an Indiana resident at the time of execution of the contract.
SOURCE: IC 7.1-3-21-3; (12)IN1299.1.6. -->
SECTION 6. IC 7.1-3-21-3 IS REPEALED [EFFECTIVE UPON
PASSAGE]. 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) years immediately preceding the date of the
application for a permit.
SOURCE: IC 7.1-3-21-5; (12)IN1299.1.7. -->
SECTION 7. IC 7.1-3-21-5, AS AMENDED BY P.L.165-2006,
SECTION 30, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5. (a) 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 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) 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) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a corporation unless each officer and stockholder ofa
the corporation shall possess all other possesses the same
qualifications as those required of an individual applicant for that
particular type of permit.
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a corporation unless each officer and stockholder of
SOURCE: IC 7.1-3-21-5.2; (12)IN1299.1.8. -->
SECTION 8. IC 7.1-3-21-5.2, AS AMENDED BY P.L.165-2006,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.2. (a) 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 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) 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) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a limited partnership unless each general partner and limited partner ofa the limited partnership must possess all other
possesses the same qualifications as those required of an individual
applicant for that particular type of permit.
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a limited partnership unless each general partner and limited partner of
SOURCE: IC 7.1-3-21-5.4; (12)IN1299.1.9. -->
SECTION 9. IC 7.1-3-21-5.4, AS AMENDED BY P.L.165-2006,
SECTION 32, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 5.4. (a) 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 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) 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) The commission shall not issue:
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a limited liability company unless each manager and member ofa the limited liability company must possess all other
possesses the same qualifications as those required of an individual
applicant for that particular type of permit.
(1) an alcoholic beverage retailer's or dealer's permit; or
(2) a liquor wholesaler's permit;
of any type to a limited liability company unless each manager and member of
SOURCE: IC 7.1-3-21-6; (12)IN1299.1.10. -->
SECTION 10. IC 7.1-3-21-6, AS AMENDED BY P.L.233-2007,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: 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:
(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 any alcoholic beverage 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.
SOURCE: IC 7.1-3-21-7; (12)IN1299.1.11. -->
SECTION 11. IC 7.1-3-21-7 IS REPEALED [EFFECTIVE UPON
PASSAGE]. Sec. 7. Restaurant Corporations: Exception. The
provisions of IC 1971, 7.1-3-21-5, shall not apply to the common stock
ownership of a corporation holding a restaurant permit and having less
than sixty per cent (60%) resident ownership prior to March 14, 1963.
SOURCE: IC 7.1-3-23-2; (12)IN1299.1.12. -->
SECTION 12. IC 7.1-3-23-2, AS AMENDED BY P.L.3-2008,
SECTION 69, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 2. (a) The commission may:
(1) fine or suspend or revoke the permit of; or
(2) fine and suspend or revoke the permit of;
a permittee for the violation of a provision of this title,or of a rule or
regulation of the commission, or a cease and desist order issued by
the commission under section 46 of this chapter. The commission
may fine a permittee for each day the violation continues if the
violation is of a continuing nature.
(b) The commission shall revoke the permit of a permittee for the violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence.
(1) fine or suspend or revoke the permit of; or
(2) fine and suspend or revoke the permit of;
a permittee for the violation of a provision of this title,
(b) The commission shall revoke the permit of a permittee for the violation of IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4. A finding that a permittee has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4 must be supported by a preponderance of the evidence.
SOURCE: IC 7.1-3-23-46; (12)IN1299.1.13. -->
SECTION 13. IC 7.1-3-23-46 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2012]: Sec. 46. (a) The commission may, with
or without a prior hearing, issue an order directing a permittee to
cease and desist in:
(1) the manufacturing, rectifying, distributing, transporting, or selling of; or
(2) otherwise dealing in;
an alcoholic beverage that the commission reasonably believes has a dangerously harmful effect on the health or well-being of individuals who consume the alcoholic beverage.
(b) Within fifteen (15) days after a cease and desist order has been served under subsection (a), the permittee may request a hearing on the question of whether the alcoholic beverage has a dangerously harmful effect on the health or well-being of individuals who consume the alcoholic beverage.
(c) The commission shall:
(1) not later than fifteen (15) days after the date of a hearing described under subsection (b), take final action and enter an appropriate order on the matter; and
(2) notify the permittee of the commission's action in the manner provided by IC 4-21.5-3-1(b).
(d) The permittee may, not later than ten (10) days after the date the permittee receives the notice of final action from the commission, seek judicial review under IC 4-21.5-5. The jurisdiction for judicial review of this section is limited under IC 7.1-2-8-1.
(1) the manufacturing, rectifying, distributing, transporting, or selling of; or
(2) otherwise dealing in;
an alcoholic beverage that the commission reasonably believes has a dangerously harmful effect on the health or well-being of individuals who consume the alcoholic beverage.
(b) Within fifteen (15) days after a cease and desist order has been served under subsection (a), the permittee may request a hearing on the question of whether the alcoholic beverage has a dangerously harmful effect on the health or well-being of individuals who consume the alcoholic beverage.
(c) The commission shall:
(1) not later than fifteen (15) days after the date of a hearing described under subsection (b), take final action and enter an appropriate order on the matter; and
(2) notify the permittee of the commission's action in the manner provided by IC 4-21.5-3-1(b).
(d) The permittee may, not later than ten (10) days after the date the permittee receives the notice of final action from the commission, seek judicial review under IC 4-21.5-5. The jurisdiction for judicial review of this section is limited under IC 7.1-2-8-1.
SOURCE: ; (12)IN1299.1.14. -->
SECTION 14. An emergency is declared for this act.
