Bill Text: IN HB1320 | 2011 | Regular Session | Amended
Bill Title: Retailer permittee employee serving to minor.
Spectrum: Moderate Partisan Bill (Republican 5-1)
Status: (Engrossed - Dead) 2011-03-28 - Representative GiaQuinta added as coauthor [HB1320 Detail]
Download: Indiana-2011-HB1320-Amended.html
Citations Affected: IC 7.1-3; IC 35-46.
Synopsis: Retailer permittee employee serving to minor. Provides that
if the alcohol and tobacco commission (commission) initiates a permit
violation proceeding against a holder of a dealer permit for a package
liquor store for furnishing an alcoholic beverage to a minor, the
commission must also initiate a permit violation proceeding against the
employee of the dealer who served the minor. Provides that any
employee permit violation for serving alcohol to a minor becomes
inactive two years after the date of the violation and may not be
counted in assessing any future violations, suspensions, or civil
penalties.
Effective: July 1, 2011.
January 13, 2011, read first time and referred to Committee on Public Policy.
February 10, 2011, amended, reported _ Do Pass.
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A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) An amount of not more than four thousand dollars ($4,000) for each violation if the permittee is a brewer or distiller.
(2) An amount of not more than two thousand dollars ($2,000) for each violation if the permittee is a wholesaler of any type.
(3) An amount of not more than one thousand dollars ($1,000) for each violation if the permittee is the holder of a permit of a type not listed in subdivision (1) or (2).
the commission; however, if the penalty imposed by the commission
exceeds a fine and three (3) day suspension, the commission must issue
written findings of fact and conclusions which show the necessity of
the penalty. If the retailer or dealer permittee commits a subsequent
violation of the provisions listed in this subsection within twelve (12)
months of the first violation, the commission may fine the permittee,
fine the permittee and suspend the permittee's permit, or revoke the
permittee's permit; however, if the penalty exceeds a fine and
suspension of more than fifteen (15) days, the commission must issue
written findings of fact and conclusions which show the necessity of
the penalty.
(b) The holder of an employee permit who violates IC 7.1-5-7-4 or
IC 7.1-5-7-8 IC 7.1-5-7-9 through IC 7.1-5-7-13 may be fined, have the
permittee's permit suspended, be both fined and have the permittee's
permit suspended, or have the permittee's permit revoked, as
determined by the commission. The holder of an employee permit
who violates IC 7.1-5-7-8 is subject to the penalties set forth in
section 9.5 of this chapter.
(1) the commission initiates a permit violation proceeding against the holder of:
(A) a retailer permit; or
(B) a dealer permit for a package liquor store;
for a violation of IC 7.1-5-7-8; and
(2) the permit violation under subdivision (1) occurred because an employee of the retailer or dealer permit unlawfully furnished an alcoholic beverage to a minor in violation of IC 7.1-5-7-8;
the commission shall also initiate a permit violation proceeding against the employee's employee permit under IC 7.1-3-18-9 for violating IC 7.1-5-7-8.
(b) This subsection applies only to a violation by an employee that occurs after June 30, 2011. Except as provided in subsection (d), if the commission finds as a result of the proceeding that the holder of the employee permit violated IC 7-1-5-7-8, the commission shall do the following:
(1) If the violation is the employee's first violation, the commission shall:
(A) issue the employee a disciplinary warning; and
(B) impose on the employee a civil penalty of one hundred
dollars ($100).
(2) If the violation is the employee's second or subsequent
violation, the commission shall:
(A) suspend or deny the renewal of the employee's
employee permit under IC 7.1-3-18-9 for two (2) years
after the date of the violation; and
(B) impose on the employee a civil penalty of two hundred
dollars ($200).
(c) If the employee does not pay a civil penalty imposed by the
commission under subsection (b), the commission may suspend or
lengthen the period of the suspension of the employee's employee
permit as set forth in section 4 of this chapter.
(d) Any violation under subsection (b) becomes inactive two (2)
years after the date of the violation and may not be counted in
assessing any future violations, suspensions, or civil penalties under
this section.
(1) If the licensed premises at that specific business location has not been issued a citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to two hundred dollars ($200).
(2) If the licensed premises at that specific business location has had one (1) citation or summons for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to four hundred dollars ($400).
(3) If the licensed premises at that specific business location has had two (2) citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to seven hundred dollars ($700).
(4) If the licensed premises at that specific business location has had three (3) or more citations or summonses for a violation of IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a civil penalty of up to one thousand dollars ($1,000).
(b) Except as provided in IC 7.1-3-23-9.5(d), if an agent or employee of a permit holder violates IC 7.1-5-7-8 on the licensed premises, in addition to any other penalty, a civil judgment may be imposed against the agent or employee as follows:
(1) A civil judgment of one hundred dollars ($100) for the employee's or agent's first violation.
(2) A civil judgment of two hundred dollars ($200) for the employee's or agent's second or subsequent offense.
