Bill Text: IN HB1510 | 2011 | Regular Session | Introduced

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Bill Title: Farm winery distiller's permits.

Spectrum: Slight Partisan Bill (Republican 2-1)

Status: (Introduced - Dead) 2011-01-20 - First reading: referred to Committee on Public Policy [HB1510 Detail]

Download: Indiana-2011-HB1510-Introduced.html

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Introduced Version

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HOUSE BILL No. 1510

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DIGEST OF INTRODUCED BILL

Citations Affected: IC 7.1-3; IC 7.1-4.

Synopsis: Farm winery distiller's permits. Allows a holder of a farm winery brandy distiller's permit to: (1) manufacture, rectify, and bottle liquor; and (2) sell at retail on the permitted premises, by the glass or bottle, or both, liquor that the distiller has manufactured. Renames the permit the farm winery distiller's permit. Makes conforming changes.

Effective: July 1, 2011.

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Clere, Dodge, Welch

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    January 20, 2011, read first time and referred to Committee on Public Policy.

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Introduced

First Regular Session 117th General Assembly (2011)

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.
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 this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1510

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    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 7.1-3-7.5-2; (11)IN1510.1.1. -->     SECTION 1. IC 7.1-3-7.5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2. The commission may issue a farm winery brandy distiller's permit to a person who:
         (1) holds a farm winery permit under IC 7.1-3-12; and who
         (2) desires to commercially manufacture brandy and liquor.

SOURCE: IC 7.1-3-7.5-3; (11)IN1510.1.2. -->     SECTION 2. IC 7.1-3-7.5-3, AS AMENDED BY P.L.165-2006, SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 3. (a) The holder of a farm winery brandy distiller's permit may do the following:
        (1) Manufacture brandy and liquor.
        (2) Rectify brandy and liquor.
        (3) Bottle brandy and liquor.
        (4) Use brandy that it has manufactured for the purpose of producing fortified wine.
        (5) Sell, transport, and deliver brandy that it has manufactured to other wineries.
        (6) Sell at retail on the permitted premises to consumers by the

glass or by the bottle, or both, brandy and liquor that it has manufactured.
    (b) Upon the approval of the commission, a holder of a farm winery brandy distiller's permit under this chapter may conduct business at not more than three (3) additional locations that are separate from the farm winery brandy distillery. At the additional locations, the holder of the permit may conduct any business that is authorized at the first location, except for the manufacturing or bottling of brandy or liquor.

SOURCE: IC 7.1-3-7.5-4; (11)IN1510.1.3. -->     SECTION 3. IC 7.1-3-7.5-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. Except as provided in section 5 of this chapter, the holder of a farm winery brandy distiller's permit may produce not more than a total of ten thousand (10,000) gallons of brandy and liquor in a calendar year.

SOURCE: IC 7.1-3-7.5-5; (11)IN1510.1.4. -->     SECTION 4. IC 7.1-3-7.5-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5. Brandy and liquor produced by the holder of a farm winery brandy distiller's permit that is sold through a wholesaler licensed under IC 7.1-3-8 is not counted toward the gallonage limit established in section 4 of this chapter.

SOURCE: IC 7.1-3-7.5-6; (11)IN1510.1.5. -->     SECTION 5. IC 7.1-3-7.5-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. The holder of a farm winery brandy distiller's permit must pay the appropriate annual license fee to the commission on the anniversary of the date of the issuance of the original permit to keep a brandy distiller's permit in force.

SOURCE: IC 7.1-3-13-2.5; (11)IN1510.1.6. -->     SECTION 6. IC 7.1-3-13-2.5, AS AMENDED BY P.L.165-2006, SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 2.5. (a) All premises to be used by an applicant for a wine wholesaler's permit must be described in the application for the permit and in the permit, if the permit is issued. A wine wholesaler may not keep or store wine at any place other than the premises described in the wine wholesaler's application and permit. A person who holds a wine wholesaler's permit and who also holds a beer wholesaler's permit is not disqualified from using multiple premises for the storage of wine because the person holds a beer wholesaler's permit. The holder of a wine wholesaler's permit issued under IC 7.1-4-4.1-13(c) may enter into an agreement to:
        (1) locate the wine wholesaler's business within the licensed premises of a farm winery or a farm winery brandy distiller; or
        (2) use goods and services provided by a farm winery or a farm winery brandy distiller;
or both.
    (b) A direct wine seller under IC 7.1-3-26 is not considered an affiliate of a wine wholesaler for purposes of IC 7.1-3-26-7(9) for an

agreement under this section.

SOURCE: IC 7.1-3-26-10; (11)IN1510.1.7. -->     SECTION 7. IC 7.1-3-26-10, AS ADDED BY P.L.165-2006, SECTION 34, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 10. It is unlawful for the holder of a farm winery brandy distiller's permit to ship or cause to be shipped brandy produced under this title to a consumer.

SOURCE: IC 7.1-4-4.1-17; (11)IN1510.1.8. -->     SECTION 8. IC 7.1-4-4.1-17 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 17. The annual license fee for a farm winery brandy distiller's permit is two hundred fifty dollars ($250).

SOURCE: IC 7.1-4-7-1; (11)IN1510.1.9. -->     SECTION 9. IC 7.1-4-7-1, AS AMENDED BY P.L.165-2006, SECTION 37, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. The chairman shall collect the required annual license fee paid in connection with the issuance of a brewer's permit, a beer wholesaler's permit, a temporary beer permit, a dining car permit of any type, a boat permit of any type, a distiller's permit, a rectifier's permit, a liquor wholesaler's permit, a vintner's permit, a farm winery permit, a farm winery brandy distiller's permit, a wine wholesaler's permit, a wine bottler's permit, a temporary wine permit, a direct wine seller's permit, a salesman's permit, and a carrier's alcoholic permit.