Introduced Version
HOUSE BILL No. 1355
_____
DIGEST OF INTRODUCED BILL
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.
Sullivan, Candelaria Reardon, Clere
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
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HOUSE BILL No. 1355
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 7.1-3-2-2; (12)IN1355.1.1. -->
SECTION 1. IC 7.1-3-2-2, AS AMENDED BY P.L.186-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: 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 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
thirty sixty thousand
(30,000)
(60,000) barrels of beer in a calendar year.
The commission may issue
a permit under this subsection only to:
(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.
SOURCE: IC 7.1-3-2-7; (12)IN1355.1.2. -->
SECTION 2. IC 7.1-3-2-7, AS AMENDED BY P.L.186-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 7. The holder of a brewer's permit or an
out-of-state brewer holding either a primary source of supply permit or
an out-of-state brewer's permit may do the following:
(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,
do the
following: (A) sell and deliver beer to a person holding a retailer
or a dealer permit under this title.
For purposes of this
subdivision, the amount of beer sold or shipped outside
Indiana is not included in determining the thirty thousand
(30,000) barrel limit.
(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:
(B) (A) Be the proprietor of a restaurant.
(C) (B) Hold a beer retailer's permit, a wine retailer's permit,
or a liquor retailer's permit for a restaurant established under
clause (B).
(D) (C) Transfer beer directly from the brewery to the
restaurant by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) (D) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) (E) Install a doorway or other opening between the
brewery and an adjacent restaurant that provides the public
and the permittee with access to both premises.
(G) (F) Sell the brewery's beer by the glass for consumption on
the premises. Brewers permitted to sell beer by the glass under
this clause must furnish the minimum food requirements
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.
SOURCE: IC 7.1-3-22-1; (12)IN1355.1.3. -->
SECTION 3. IC 7.1-3-22-1, AS AMENDED BY P.L.186-2011,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) This section applies to a brewer that
manufactures more than
thirty sixty thousand
(30,000) (60,000) barrels
of beer in a calendar year.
(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.
SOURCE: IC 7.1-3-23-23; (12)IN1355.1.4. -->
SECTION 4. IC 7.1-3-23-23, AS AMENDED BY P.L.186-2011,
SECTION 7, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 23. (a) This section applies to a brewer that
manufactures more than thirty sixty thousand (30,000) (60,000) barrels
of beer in a calendar year.
(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.
SOURCE: IC 7.1-4-3-4; (12)IN1355.1.5. -->
SECTION 5. IC 7.1-4-3-4, AS AMENDED BY P.L.64-2011,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 4. (a) This section does not apply to the following:
(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 IC 7.1-3-2-7(5). IC 7.1-3-2-7.
(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 IC 7.1-3-2-7(5). IC 7.1-3-2-7.
(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.
SOURCE: IC 7.1-4-4.1-14; (12)IN1355.1.6. -->
SECTION 6. IC 7.1-4-4.1-14, AS AMENDED BY P.L.186-2011,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 14. (a) This section applies to the following
permits:
(1) Brewer's permit for the manufacture of more than
thirty sixty
thousand
(30,000) (60,000) barrels of beer in a calendar year.
(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).
SOURCE: IC 7.1-4-4.1-16; (12)IN1355.1.7. -->
SECTION 7. IC 7.1-4-4.1-16, AS AMENDED BY P.L.186-2011,
SECTION 11, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 16. The annual fee for a brewer's permit for the
manufacture of not more than thirty sixty thousand (30,000) (60,000)
barrels of beer in a calendar year is five hundred dollars ($500).
SOURCE: IC 7.1-5-3-1; (12)IN1355.1.8. -->
SECTION 8. IC 7.1-5-3-1, AS AMENDED BY P.L.64-2011,
SECTION 2, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 1. (a) This section does not apply to the following:
(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 IC 7.1-3-2-7(5). IC 7.1-3-2-7.
(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 IC 7.1-3-2-7(5). IC 7.1-3-2-7.
(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.
SOURCE: IC 7.1-5-9-3; (12)IN1355.1.9. -->
SECTION 9. IC 7.1-5-9-3, AS AMENDED BY P.L.186-2011,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 3. (a) This section applies to a brewer that
manufactures more than thirty sixty thousand (30,000) (60,000) barrels
of beer in a calendar year.
(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.
SOURCE: IC 7.1-5-9-10; (12)IN1355.1.10. -->
SECTION 10. IC 7.1-5-9-10, AS AMENDED BY P.L.186-2011,
SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2012]: Sec. 10. (a) Except as provided in subsection (b), it is
unlawful for a holder of a retailer's permit of any type to acquire, hold,
own, or possess an interest of any type in a manufacturer's or
wholesaler's permit of any type.
(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 thirty sixty
thousand (30,000) (60,000) barrels of beer in a calendar year.
SOURCE: IC 9-21-4-5; (12)IN1355.1.11. -->
SECTION 11. IC 9-21-4-5 IS AMENDED TO READ AS
FOLLOWS: Sec. 5. (a) Except as provided in subsection (b), a person
may not place or maintain upon a highway a traffic sign or signal
bearing commercial advertising. A public authority may not permit the
placement of a traffic sign or signal that bears a commercial message.
(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
IC 7.1-3-2-7(5). IC 7.1-3-2-7.
(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.