Bill Text: IN SB0075 | 2010 | Regular Session | Engrossed
Bill Title: Alcoholic beverages.
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: (Passed) 2010-03-25 - Sections 12 through 13 effective 07/01/2010 [SB0075 Detail]
Download: Indiana-2010-SB0075-Engrossed.html
Citations Affected: IC 3-10; IC 7.1-3; IC 7.1-5.
(HOUSE SPONSORS _ VAN HAAFTEN, BELL)
January 5, 2010, read first time and referred to Committee on Commerce, Public Policy
& Interstate Cooperation.
January 14, 2010, amended, reported favorably _ Do Pass.
January 19, 2010, read second time, ordered engrossed. Engrossed.
January 21, 2010, read third time, passed. Yeas 41, nays 9.
February 9, 2010, read first time and referred to Committee on Public Policy.
February 18, 2010, amended, reported _ Do Pass.
February 22, 2010, read second time, amended, ordered engrossed.
Digest Continued
(2) a government issued identification card; or (3) a government issued document; that bears the person's photograph and birth date. Provides that it is a defense in a criminal or administrative proceeding that the individual to whom the alcoholic beverages were sold appeared to be at least 50 years of age. Provides that, in a criminal prosecution or proceeding before the alcohol and tobacco commission, it is a defense to a charge of unlawfully furnishing alcohol to a minor that the purchaser produced a government issued document bearing the purchaser's photograph and showing the purchaser to be at least 21 years of age. Eliminates the requirement that a publicly owned airport be served by a scheduled commercial passenger airline in order for a restaurant located in the passenger terminal to be eligible for a permit to sell beer, wine, and liquor. Allows an indoor theater located in a city having a population of more than 200,000 but less than 300,000 and that has been listed in the National Register of Historic places to: (1) be issued a one-way, two-way, or three-way permit to sell alcoholic beverages; and (2) to have children present. Requires alcohol servers, retailer permittees, or management representatives of retailer or dealer permittees to complete alcohol server training by May 1, 2011. (Current law requires completion of the training by January 1, 2010.) Requires an applicant for a permit to sell alcoholic beverages in Marion County to file with the local board verification from a department of the consolidated city designated by ordinance that the applicant is in compliance with zoning requirements for the premises to be licensed.(Current law requires verification from the department of metropolitan development.)
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
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
A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(1) Each agency serving persons with disabilities and designated as a voter registration site under IC 3-7-16.
(2) Armed forces recruitment offices in accordance with procedures established under IC 3-7-17.
(3) Each agency designated as a voter registration site and subject to IC 3-7-18.
IC 10-16-7-17.
(7) (6) The division of family resources for voter registration
purposes under IC 12-14-1.5, IC 12-14-25, and IC 12-15-1.5.
(8) (7) The state department of health for voter registration
purposes under IC 16-35-1.6.
(9) (8) The Federal Voting Assistance Program of the United
States Department of Defense, for notification of absent
uniformed services voters and overseas voters.
(b) The election board conducting the special election shall provide poll lists for use at the precincts that include the names of voters in the precinct who:
(1) have registered through the twenty-ninth day before the special election is to be conducted; or
(2) are absent uniformed services voters or overseas voters registered under IC 3-7-36.
(c) This subsection applies when a special election is ordered by a court under IC 3-12-8-17 or the state recount commission under IC 3-12-11-18. A candidate may not be placed on the special election ballot unless the candidate was on the ballot or was a declared write-in candidate for the office at the general election preceding the special election.
(b) As used in this section, "contiguous property owner" refers to a property owner who has real property that is geographically adjacent to or in contact with any point on the border of the property of a person who seeks a permit to sell alcoholic beverages for consumption on the licensed premises.
(c) As used in this section, "neighboring property owner" means:
(1) a contiguous property owner; or
(2) a property owner who has real property that:
(A) is geographically adjacent to or in contact with any point
on the border of the property of a contiguous property owner;
and
(B) some portion of which is within five hundred (500) feet of
the property of a person who seeks a permit to sell alcoholic
beverages for consumption on the licensed premises.
(d) As used in this section, "principal owner" means any person or
entity holding at least a fifteen percent (15%) interest in the business
for which a permit is sought to sell alcoholic beverages.
(e) As used in this section, "property owner" means any person
whose name and address appears in the county assessor's real property
tax assessment records as a person responsible for the payment of
property taxes on a parcel of real property.
(f) Except as provided in section 28(d) of this chapter, subsection
(g) applies to a location in the consolidated city only if:
(1) the application is for a liquor dealer's permit for a location
within the boundaries of the special fire service district, as
determined in conformity with IC 7.1-3-22-8; or
(2) the local alcoholic beverage board requires the applicant to
comply with subsection (g).
(g) In addition to the notice required by section 5 of this chapter, the
applicant for a new permit, or a transfer of a permit to sell alcoholic
beverages of any type or at any location must, at least fifteen (15) days
before the date of the local alcoholic beverage board hearing, mail
notice of the hearing at the applicant's expense to the following:
(1) Each neighboring property owner.
(2) The department of metropolitan development of the
consolidated city.
(3) The following entities that have registered with the
department of metropolitan development of the consolidated city:
(A) The principal, headmaster, or other primary administrator
of each public, private, or parochial elementary or secondary
school located less than one thousand (1,000) feet from the
property line of the applicant's property.
(B) Each church that is located less than one thousand (1,000)
feet from the property line of the applicant's property.
(C) Each neighborhood association that represents the area in
which the applicant's property is located.
(h) The notice that the applicant mails must provide the following
information:
(1) The name and address of the applicant, or if the applicant is
a corporation, a club, an association, or an organization, the name
and address of the applicant's president, secretary, and principal
owners who will be responsible to the public for the sale of
alcoholic beverages.
(2) A statement that the applicant has filed an application with the
alcohol and tobacco commission for the sale of alcoholic
beverages.
(3) The specific address where alcoholic beverages are asked to
be sold.
(4) The type of alcoholic beverage permit applied for.
(5) The date, time, and location of the public hearing before the
local alcoholic beverage board regarding the application.
(6) That if there is a desire to remonstrate against the application,
the recipient of the notice may attend this public hearing.
(i) The applicant shall furnish evidence of the applicant's
compliance with this section by filing an affidavit with the local
alcoholic beverage board at the public hearing on the application. The
affidavit must list the names and addresses of the individuals or other
entities to which notice was mailed by the applicant.
(j) In addition to the information required by subsection (i), the
applicant shall file with the local alcoholic beverage board at the public
hearing the following information:
(1) Verification from the department of metropolitan development
a department of the consolidated city designated by ordinance
that the applicant is in compliance with zoning requirements for
the premises to be licensed.
(2) Verification from the department of state revenue that the
applicant does not have any outstanding income tax, excise tax,
or sales tax liabilities.
(3) Verification from the county treasurer that the applicant does
not have any outstanding property tax liability.
(k) Subsection (j)(1) does not apply to a permit holder that received
and held a permit before September 1, 1987.
(l) Notwithstanding subsection (f)(1), an applicant seeking a transfer
of a permit from a permit holder to a new permit holder when the new
permit holder does not intend to change the nature of the business
operated under the permit may apply to the local board for a waiver of
the notice requirement in subsection (g). The local board may consider
any information the local board considers relevant in making a
determination to approve or deny the waiver request. The local board
must approve or deny a waiver request at the first regularly scheduled
meeting that occurs at least fifteen (15) days after the local board
receives the waiver request from the applicant.
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
UPON PASSAGE]: Sec. 14. (a) It is lawful for an appropriate
permittee, unless otherwise specifically provided in this title, to sell
alcoholic beverages each day Monday through Saturday from 7 a.m.,
prevailing local time, until 3 a.m., prevailing local time, the following
day. Sales shall cease wholly on Sunday at 3 a.m., prevailing local
time, and not be resumed until the following Monday at 7 a.m.,
prevailing local time.
(b) It is lawful for the holder of a retailer's permit to sell the
appropriate alcoholic beverages for consumption on the licensed
premises only on Sunday from 10 a.m., 7 a.m., prevailing local time,
until 12:30 a.m., 3 a.m., prevailing local time, the following day.
(c) It is lawful for the holder of a permit under this article to sell
alcoholic beverages at athletic or sports events held on Sunday upon
premises that:
(1) are described in section 25(a) of this chapter;
(2) are a facility used in connection with the operation of a paved
track more than two (2) miles in length that is used primarily in
the sport of auto racing; or
(3) are being used for a professional or an amateur tournament;
beginning one (1) hour before the scheduled starting time of the event
or, if the scheduled starting time of the event is 1 p.m. or later,
beginning at noon.
(d) It is lawful for the holder of a valid beer, wine, or liquor
wholesaler's permit to sell to the holder of a valid retailer's or dealer's
permit at any time.
(e) Notwithstanding subsection (b), if December 31 (New Year's
Eve) is on a Sunday, it is lawful for the holder of a retailer's permit to
sell the appropriate alcoholic beverages on Sunday, December 31, from
10 a.m., prevailing local time, until 3 a.m., prevailing local time, the
following day.
(1) ensure that each alcohol server completes a server program or a trainer program established or approved under section 5.5 or 6 of this chapter not later than one hundred twenty (120) days after the date the alcohol server begins employment at the
establishment;
(2) require each alcohol server to attend a refresher course that
includes the dissemination of new information concerning the
server program subject areas described in section 6 of this chapter
or subject areas of a trainer program every three (3) years after the
date the alcohol server completes a server program or a trainer
program; and
(3) maintain training verification records of each alcohol server.
(b) (c) A retailer permittee, a dealer permittee, or a management
representative of a retailer or dealer permittee must complete a server
program or a trainer program established or approved under section 5.5
or 6 of this chapter:
(1) not later than one hundred twenty (120) days after the date:
(A) the dealer permittee is issued a permit described in section
2 of this chapter; or
(B) the retailer permittee is issued a permit described in
section 4 of this chapter; and
(2) every five (5) years after the date the retailer permittee, dealer
permittee, or management representative of the retailer or dealer
permittee completes a server program or a trainer program.
(c) (d) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews a
permit described in section 4 of this chapter;
of the requirements under subsections (a) and (b) and (c).
(d) (e) The commission may suspend or revoke a retailer permittee's
or dealer permittee's permit or fine a retailer permittee or dealer
permittee for noncompliance with this section in accordance with
IC 7.1-3-23.
(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 twenty thousand (20,000) 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.
(B) Be the proprietor of a restaurant.
(C) 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) Transfer beer directly from the brewery to the restaurant
by means of:
(i) bulk containers; or
(ii) a continuous flow system.
(E) Install a window between the brewery and an adjacent
restaurant that allows the public and the permittee to view both
premises.
(F) 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) 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) 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) 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) If the brewer's brewery manufactures more than twenty
thousand (20,000) 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 twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) 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) 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) 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 a three-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant facility in the passenger terminal complex of a publicly owned airport.
(c) The commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant within a redevelopment project consisting of a building or group of buildings that:
(1) was formerly used as part of a union railway station;
(2) has been listed in or is within a district that has been listed in the federal National Register of Historic Places maintained pursuant to the National Historic Preservation Act of 1966, as amended; and
(3) has been redeveloped or renovated, with the redevelopment or renovation being funded in part with grants from the federal, state, or local government.
A permit issued under this subsection shall not be transferred to a location outside of the redevelopment project.
(d) The commission may issue a three-way, two-way, or one-way permit to sell alcoholic beverages for on-premises consumption only to
an applicant who is the proprietor, as owner or lessee, or both, of a
restaurant:
(1) on land; or
(2) in a historic river vessel;
within a municipal riverfront development project funded in part with
state and city money. A permit issued under this subsection may not be
transferred.
(e) The commission may issue a three-way, two-way, or one-way
permit to sell alcoholic beverages for on-premises consumption only to
an applicant who is the proprietor, as owner or lessee, or both, of a
restaurant within a renovation project consisting of a building that:
(1) was formerly used as part of a passenger and freight railway
station; and
(2) was built before 1900.
The permit authorized by this subsection may be issued without regard
to the proximity provisions of IC 7.1-3-21-11.
(f) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption at a cultural center
for the visual and performing arts to a town that:
(1) is located in a county having a population of more than four
hundred thousand (400,000) but less than seven hundred thousand
(700,000); and
(2) has a population of more than twenty thousand (20,000) but
less than twenty-three thousand (23,000).
(g) After June 30, 2005, the commission may issue not more than
ten (10) new three-way, two-way, or one-way permits to sell alcoholic
beverages for on-premises consumption to applicants, each of whom
must be the proprietor, as owner or lessee, or both, of a restaurant
located within a district, or not more than five hundred (500) feet from
a district, that meets the following requirements:
(1) The district has been listed in the National Register of Historic
Places maintained under the National Historic Preservation Act
of 1966, as amended.
(2) A county courthouse is located within the district.
(3) A historic opera house listed on the National Register of
Historic Places is located within the district.
(4) A historic jail and sheriff's house listed on the National
Register of Historic Places is located within the district.
The legislative body of the municipality in which the district is located
shall recommend to the commission sites that are eligible to be permit
premises. The commission shall consider, but is not required to follow,
the municipal legislative body's recommendation in issuing a permit
under this subsection. An applicant is not eligible for a permit if, less
than two (2) years before the date of the application, the applicant sold
a retailer's permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this section or within
five hundred (500) feet of the district. A permit issued under this
subsection shall not be transferred. The cost of an initial permit issued
under this subsection is six thousand dollars ($6,000).
(h) The commission may issue a three-way permit for the sale of
alcoholic beverages for on-premises consumption to an applicant who
will locate as the proprietor, as owner or lessee, or both, of a restaurant
within an economic development area under IC 36-7-14 in:
(1) a town with a population of more than twenty thousand
(20,000); or
(2) a city with a population of more than twenty-seven thousand
(27,000) but less than twenty-seven thousand four hundred
(27,400);
located in a county having a population of more than ninety thousand
(90,000) but less than one hundred thousand (100,000). The
commission may issue not more than five (5) licenses under this
section to premises within a municipality described in subdivision (1)
and not more than five (5) licenses to premises within a municipality
described in subdivision (2). The commission shall conduct an auction
of the permits under IC 7.1-3-22-9, except that the auction may be
conducted at any time as determined by the commission.
Notwithstanding any other law, the minimum bid for an initial license
under this subsection is thirty-five thousand dollars ($35,000), and the
renewal fee for a license under this subsection is one thousand three
hundred fifty dollars ($1,350). Before the district expires, a permit
issued under this subsection may not be transferred. After the district
expires, a permit issued under this subsection may be renewed, and the
ownership of the permit may be transferred, but the permit may not be
transferred from the permit premises.
(i) After June 30, 2006, the commission may issue not more than
five (5) new three-way, two-way, or one-way permits to sell alcoholic
beverages for on-premises consumption to applicants, each of whom
must be the proprietor, as owner or lessee, or both, of a restaurant
located within a district, or not more than five hundred (500) feet from
a district, that meets all of the following requirements:
(1) The district is within an economic development area, an area
needing redevelopment, or a redevelopment district as established
under IC 36-7-14.
(2) A unit of the National Park Service is partially located within
the district.
(3) An international deep water seaport is located within the
district.
An applicant is not eligible for a permit under this subsection if, less
than two (2) years before the date of the application, the applicant sold
a retailers' permit that was subject to IC 7.1-3-22 and that was for
premises located within the district described in this subsection or
within five hundred (500) feet of the district. A permit issued under this
subsection may not be transferred. If the commission issues five (5)
new permits under this subsection, and a permit issued under this
subsection is later revoked or is not renewed, the commission may
issue another new permit, as long as the total number of active permits
issued under this subsection does not exceed five (5) at any time. The
commission shall conduct an auction of the permits under
IC 7.1-3-22-9, except that the auction may be conducted at any time as
determined by the commission.
(1) is located in a city having a population of more than two hundred thousand (200,000) but less than three hundred thousand (300,000); and
(2) has been listed in the National Register of Historic Places maintained under the National Historic Preservation Act of 1966, as amended. A permit issued under this subsection may not be transferred.
(b) A permit issued under this section is subject to the quota requirements of IC 7.1-3-22-3.
(1) That:
(A) the purchaser:
(i) falsely represented the purchaser's age in a written statement, such as that prescribed by subsection (b), supported by two (2) forms of identification showing the
purchaser to be at least twenty-one (21) years of age;
(ii) produced a driver's license bearing the purchaser's
photograph; or
(iii) produced a photographic identification card, issued
under IC 9-24-16-1 or a similar card, issued under the laws
of another state or the federal government, showing that the
purchaser was of legal age to make the purchase; or
(iv) produced a government issued document bearing the
purchaser's photograph and showing the purchaser to be
at least twenty-one (21) years of age;
(B) the appearance of the purchaser was such that an ordinary
prudent person would believe the purchaser to be of legal age
to make the purchase; and
(C) the sale was made in good faith based upon the reasonable
belief that the purchaser was actually of legal age to make the
purchase.
(2) That the permittee or his the permittee's agent had taken all
reasonable precautions in instructing his the permittee's
employees, in hiring his the permittee's employees, and in
supervising them as to sale of alcoholic beverages to minors.
(b) The following written statement is sufficient for the purposes of
subsection (a)(1)(A)(i):
I understand that misrepresentation of age to induce the sale, service, or delivery of alcoholic beverages to me is cause for my arrest and prosecution, which can result in punishment as follows:
(1) Possible payment of a fine of up to $500.
(2) Possible imprisonment for up to 60 days.
(3) Possible loss or deferment of driver's license privileges for up to one year.
(4) Possible requirement to participate in an alcohol education or treatment program.
Knowing the possible penalties for misstatement, I hereby represent and state, for the purpose of inducing ________________________
to sell, serve, or deliver alcoholic beverages to me, that I was born:
________, _______, ______ and am ____ years of age.
(Month) (Day) (Year)
Date __________ Signed _______________________
Address ______________________
____________________________
Other Identification Signature of person
Presented: who witnessed completion
Nonphoto driver's of this statement
license: (number & state) by patron:
________________________ ____________________________
Social Security Number
____________________________
Other _______________________
____________________________
____________________________
(1) Civic center.
(2) Convention center.
(3) Sports arena.
(4) Bowling center.
(5) Bona fide club.
(6) Drug store.
(7) Grocery store.
(8) Boat.
(9) Dining car.
(10) Pullman car.
(11) Club car.
(12) Passenger airplane.
(13) Horse racetrack facility holding a recognized meeting permit under IC 4-31-5.
(14) Satellite facility (as defined in IC 4-31-2-20.5).
(15) Catering hall under IC 7.1-3-20-24 that is not open to the public.
(16) That part of a hotel or restaurant which is separate from a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink.
(17) Entertainment complex.
(18) Indoor golf facility.
(19) A recreational facility such as a golf course, bowling center, or similar facility that has the recreational activity and not the sale of food and beverages as the principal purpose or function of the
person's business.
(20) A licensed premises owned or operated by a postsecondary
educational institution described in IC 21-17-6-1.
(21) An automobile racetrack.
(22) An indoor theater under IC 7.1-3-20-26.
(b) For the purpose of this subsection, "food" means meals prepared
on the licensed premises. It is lawful for a minor to be on licensed
premises in a room in which is located a bar over which alcoholic
beverages are sold or dispensed by the drink if all the following
conditions are met:
(1) The minor is eighteen (18) years of age or older.
(2) The minor is in the company of a parent, guardian, or family
member who is twenty-one (21) years of age or older.
(3) The purpose for being on the licensed premises is the
consumption of food and not the consumption of alcoholic
beverages
(1) At a time other than that made lawful by the provisions of IC 7.1-3-1-14.
(2) On Christmas Day and until 7:00 o'clock in the morning, prevailing local time, the following day.
(b) During the time when the sale of alcoholic beverages is unlawful, no alcoholic beverages shall be sold, dispensed, given away, or otherwise disposed of on the licensed premises and the licensed premises shall remain closed to the extent that the nature of the business carried on at the premises, as at a hotel or restaurant, permits.
(c) It is lawful for the holder of a valid beer, wine, or liquor wholesaler's permit to sell to the holder of a valid retailer's or dealer's permit at any time.
misdemeanor for a permittee or an employee or agent of a
permittee to recklessly, knowingly, or intentionally sell, barter,
exchange, provide, or furnish another person an alcoholic beverage
for consumption off the licensed premises without first requiring
the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a
similar card issued under the laws of another state or the
federal government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the
person is at least twenty-one (21) years of age.
(b) In a criminal or administrative proceeding, it is a defense to
a charge under this section that the individual to whom the
permittee or employee or agent of the permittee sold, bartered,
exchanged, provided, or furnished alcoholic beverages for
consumption off the licensed premises was or reasonably appeared
to be more than fifty (50) years of age.
SECTION 13. THE FOLLOWING ARE REPEALED [EFFECTIVE
JULY 1, 2010]: P.L.161-2005, SECTION 4; P.L.165-2006, SECTION
42; P.L.94-2008, SECTION 69.
SECTION 14. An emergency is declared for this act.
