Bill Text: IN HB1355 | 2012 | Regular Session | Introduced
Bill Title: Small breweries.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Introduced - Dead) 2012-01-11 - First reading: referred to Committee on Public Policy [HB1355 Detail]
Download: Indiana-2012-HB1355-Introduced.html
Citations Affected: IC 7.1-3; IC 7.1-4; IC 7.1-5; IC 9-21-4-5.
Synopsis: Small breweries. Provides that for a brewer manufacturing
not more than 30,000 barrels of beer in a calendar year to sell and
deliver beer to a retailer or a dealer, any barrels sold and shipped
outside Indiana are excluded from the 30,000 barrel limit. Provides that
certain powers and duties of a brewer are limited to those brewers that
manufacture not more than 60,000 barrels of beer in a calendar year.
Effective: July 1, 2012.
January 10, 2012, read first time and referred to Committee on Public Policy.
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A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(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 corporation organized and existing under the laws of Indiana and having authority under its 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
(1) an individual;
(2) a partnership organized and existing under the laws of
Indiana;
(3) a limited liability company organized and existing under the
laws of Indiana; or
(4) a corporation organized and existing under the laws of
Indiana.
(1) Manufacture beer.
(2) Place beer in containers or bottles.
(3) Transport beer.
(4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3.
(5) If the brewer's brewery manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year,
(6) If the brewer's brewery manufactures not more than sixty thousand (60,000) barrels of beer in a calendar year, may do the following:
(i) bulk containers; or
(ii) a continuous flow system.
prescribed by the commission.
(H) (G) Sell and deliver beer to a consumer at the permit
premises of the brewer or at the residence of the consumer.
The delivery to a consumer may be made only in a quantity at
any one (1) time of not more than one-half (1/2) barrel, but the
beer may be contained in bottles or other permissible
containers.
(I) (H) Sell the brewery's beer as authorized by this section for
carryout on Sunday in a quantity at any one (1) time of not
more than five hundred seventy-six (576) ounces. A brewer's
beer may be sold under this clause only at the address for
which the brewer's permit was issued under this chapter.
(6) (7) If the brewer's brewery manufactures more than thirty
thousand (30,000) barrels of beer in a calendar year, own a
portion of the corporate stock of another brewery that:
(A) is located in the same county as the brewer's brewery;
(B) manufactures less than thirty thousand (30,000) barrels of
beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) (8) Provide complimentary samples of beer that are:
(A) produced by the brewer; and
(B) offered to consumers for consumption on the brewer's
premises.
(8) (9) Own a portion of the corporate stock of a sports
corporation that:
(A) manages a minor league baseball stadium located in the
same county as the brewer's brewery; and
(B) holds a beer retailer's permit, a wine retailer's permit, or a
liquor retailer's permit for a restaurant located in that stadium.
(9) (10) For beer described in IC 7.1-1-2-3(a)(4):
(A) may allow transportation to and consumption of the beer
on the licensed premises; and
(B) may not sell, offer to sell, or allow sale of the beer on the
licensed premises.
(b) The commission may issue and have outstanding only one (1) brewer's permit for each unit of population of this state of one hundred
and seventy-five thousand (175,000) or major fraction thereof. The
commission, however, shall not issue more than four (4) brewer's
permits in the same congressional district.
(b) The commission shall revoke the permit of a brewer or beer wholesaler who holds an interest in another permit in violation of IC 7.1-5-9-3.
(1) The necessary refilling of a container by a person holding a permit that authorizes the person to manufacture, rectify, or bottle liquor.
(2) An establishment where alcoholic beverages are sold that is owned, in whole or part, by an entity that holds a brewer's permit for a brewery described under
(3) An establishment where alcoholic beverages are sold that is owned, in whole or part, by a statewide trade organization consisting of members, each of whom hold a brewer's permit for a brewery described under
(b) It is unlawful for a person to:
(1) refill a bottle or container, in whole or in part, with an alcoholic beverage; or
(2) knowingly possess a bottle or container that has been refilled, in whole or in part, with an alcoholic beverage;
after the container of liquor has been emptied in whole or in part.
(1) Brewer's permit for the manufacture of more than
(2) Distiller's permit.
(3) Malt manufacturer's permit.
(4) Rectifier's permit.
(5) Vintner's permit.
(6) Wine bottler's permit.
(b) A permit fee of two thousand dollars ($2,000) is annually
imposed for the issuance of each permit described in subsection (a).
(1) An establishment where alcoholic beverages are sold that is owned, in whole or part, by an entity that holds a brewer's permit for a brewery described under
(2) An establishment where alcoholic beverages are sold that is owned, in whole or part, by a statewide trade organization consisting of members, each of whom hold a brewer's permit for a brewery described under
(b) It is unlawful to sell beer in this state at retail in a bottle, can, or other container, unless the bottle, can, or other container was packaged and sealed by the brewer at the brewer's bottling house contiguous or adjacent to the brewery in which the beer was produced.
(b) It is unlawful for the holder of a brewer's or beer wholesaler's permit to have an interest in a liquor permit of any type under this title.
(b) It is lawful for a holder of a retailer's permit of any type to acquire, hold, own, or possess an interest of any type in a brewer's permit for a brewery that manufactures not more than
(b) Under criteria to be jointly established by the Indiana department of transportation and the office of tourism development, the Indiana department of transportation may authorize the posting of any of the following:
(1) Limited tourist attraction signage.
(2) Business signs on specific information panels on the interstate system of highways and other freeways.
All costs of manufacturing, installation, and maintenance to the Indiana department of transportation for a business sign posted under this subsection shall be paid by the business.
(c) Criteria established under subsection (b) for tourist attraction signage must include a category for a tourist attraction that:
(1) is a trademarked destination brand; and
(2) encompasses buildings, structures, sites, or other facilities that are:
(A) listed on the National Register of Historic Places established under 16 U.S.C. 470 et seq.; or
(B) listed on the register of Indiana historic sites and historic structures established under IC 14-21-1;
regardless of the distance of the tourist attraction from the highway on which the tourist attraction signage is placed.
(d) Criteria established under subsection (b) for tourist attraction signage must include a category for a tourist attraction that is an establishment licensed under
(e) A person may not place, maintain, or display a flashing, a rotating, or an alternating light, beacon, or other lighted device that:
(1) is visible from a highway; and
(2) may be mistaken for or confused with a traffic control device or for an authorized warning device on an emergency vehicle.
(f) This section does not prohibit the erection, upon private property adjacent to highways, of signs giving useful directional information and of a type that cannot be mistaken for official signs.
