Farm winery distiller's permits.
Introduced Version
HOUSE BILL No. 1510
_____
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.
Clere, Dodge, Welch
January 20, 2011, read first time and referred to Committee on Public Policy.
Introduced
First Regular Session 117th General Assembly (2011)
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HOUSE BILL No. 1510
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.