Bill Text: IN SB0138 | 2012 | Regular Session | Introduced
Bill Title: Alcoholic beverage wholesalers.
Spectrum: Slight Partisan Bill (Republican 4-2)
Status: (Introduced - Dead) 2012-01-17 - Senator Banks added as coauthor [SB0138 Detail]
Download: Indiana-2012-SB0138-Introduced.html
Citations Affected: IC 7.1-1-3; IC 7.1-3; IC 7.1-4-4.1-13;
IC 7.1-5-9-12.
Synopsis: Alcoholic beverage wholesalers. Allows a wholesaler or an
affiliate of a wholesaler to provide or coordinate the transportation,
distribution, or warehousing of alcoholic beverages on behalf of
another wholesaler of alcoholic beverages of any type. Imposes an
additional annual permit fee of $50,000 on a wholesaler or an affiliate
of a wholesaler that, on behalf of another wholesaler in a permit year,
provides or coordinates the transportation, distribution, or warehousing
of any type of alcoholic beverage that the wholesaler is not authorized
to wholesale under the wholesaler's permit.
Effective: July 1, 2012.
January 4, 2012, read first time and referred to Committee on Public Policy.
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) transportation;
(2) distribution; or
(3) warehousing;
of alcoholic beverages.
(b) The term does not include the sale of alcoholic beverages.
means a wholesaler that contracts to have logistic services
performed by a wholesaler-carrier.
(1) a wholesaler of alcoholic beverages; or
(2) an affiliate of a wholesaler of alcoholic beverages;
that holds a carrier's alcoholic permit under IC 7.1-3-18-1.
(b) A beer wholesaler permittee may possess, transport, sell, and deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the brand purchased;
(2) an employee; or
(3) a holder of a beer retailer's permit, beer dealer's permit, temporary beer permit, dining car permit, boat permit, airplane permit, or supplemental caterer's permit;
located within this state. Except as provided in IC 7.1-3-27, the sale, transportation, and delivery of beer shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery.
(c) The beer wholesaler's bona fide regular employees may purchase beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in an amount not to exceed forty-eight (48) pints; or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery of beer shall be subject to the rules of the commission and subject to the same restrictions provided in this title for a person holding a brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import, possess, transport, sell, and deliver any commodity listed in IC 7.1-3-10-5, unless prohibited by this title. However, a beer wholesaler may deliver flavored malt beverages only to the holder of one (1) of the following permits:
(1) A beer wholesaler or wine wholesaler permit, if the wholesaler is authorized by the primary source of supply to sell the brand of flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary wine permit, dining car wine permit, boat permit, airplane permit, or supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9 and deliver the stored beer to another beer wholesaler that the out-of-state brewer authorizes to sell the beer;
(2) perform all necessary accounting and auditing functions associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services described in subdivisions (1) through (2).
(g) A beer wholesaler may perform logistic services for a reasonable fee on behalf of another wholesaler of any type of alcoholic beverage under IC 7.1-3-27.
(b) A holder of a wholesaler's permit of any type may perform logistic services on behalf of the holder of a liquor wholesaler's permit as provided in IC 7.1-3-27.
(b) A liquor wholesaler shall be entitled to purchase liquor within this state from a person who holds a distiller's permit, a rectifier's permit, or a liquor wholesaler's permit. A liquor wholesaler also may purchase liquor outside this state from the primary source of supply and, from that source, may transport and import liquor into this state.
(c) A liquor wholesaler may sell, transport, and deliver liquor only to a person who, under this title, holds a:
(1) liquor retailer's permit;
(2) supplemental caterer's permit;
(3) liquor dealer's permit; or
(4) liquor wholesaler's permit.
Except as provided in IC 7.1-3-27, the sale, transportation, and delivery of liquor shall be made only from inventory that has been located on the wholesaler's premises before the time of invoicing and delivery, and only in permissible containers and is subject to the rules of the commission fixing the quantity which may be sold or delivered at any one (1) time.
(d) A liquor wholesaler's bona fide regular employees may purchase liquor from the wholesaler in an amount not to exceed eighteen (18) liters.
(e) A liquor wholesaler may perform logistic services for a reasonable fee on behalf of another wholesaler of any type of alcoholic beverage under IC 7.1-3-27.
(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.
sell, furnish, and deliver brandy from inventory that has been located
on the wholesaler's premises before the time of invoicing and delivery,
but not at retail, only to a person who holds a liquor retailer's permit,
a supplemental caterer's permit, or a liquor dealer's permit. However,
a wine wholesaler may not sell wine, flavored malt beverage, or
brandy from inventory located on the wholesaler's premises that
the wine wholesaler is warehousing on behalf of another alcoholic
beverage wholesaler under IC 7.1-3-27. A holder of a wine
wholesaler's permit may sell wine to the wine wholesaler's bona fide
regular employees.
(b) A wine wholesaler may perform logistic services for a
reasonable fee on behalf of another wholesaler of any type of
alcoholic beverage under IC 7.1-3-27.
(b) (c) As used in this section, "brandy" means:
(1) any alcoholic distillate described in 27 CFR 5.22(d) as in
effect on January 1, 1983; or
(2) a beverage product that:
(A) is prepared from a liquid described in subdivision (1);
(B) is classified as a cordial or liqueur as defined in 27 CFR
5.22(h) as in effect on January 1, 1997; and
(C) meets the following requirements:
(i) At least sixty-six and two-thirds percent (66 2/3%) of the
product's alcohol content is composed of a substance
described in subdivision (1).
(ii) The product's label makes no reference to any distilled
spirit other than brandy.
(iii) The product's alcohol content is not less than sixteen
percent (16%) by volume or thirty-two (32) degrees proof.
(iv) The product contains dairy cream.
(v) The product's sugar, dextrose, or levulose content is at
least twenty percent (20%) of the product's weight.
(vi) The product contains caramel coloring.
(c) (d) Nothing in this section allows a wine wholesaler to sell, give,
purchase, transport, or export beer (as defined in IC 7.1-1-3-6) unless
the wine wholesaler:
(1) also holds a beer wholesaler's permit under IC 7.1-3-3-1; or
(2) performs logistic services on behalf of another wholesaler
under IC 7.1-3-27.
(d) (e) A wine wholesaler that also holds a liquor wholesaler's
permit under IC 7.1-3-8 may not:
(1) hold a beer wholesaler's permit under IC 7.1-3-3;
(2) possess, sell, or transport beer, except as provided in
IC 7.1-3-27; or
(3) sell more than one million (1,000,000) gallons of flavored
malt beverage during a calendar year.
Chapter 27. Logistic Services
Sec. 1. Notwithstanding any other law, a wholesaler-carrier may perform logistic services with regard to any type of alcoholic beverage that the contracting wholesaler is permitted by this title to wholesale.
Sec. 2. A wholesaler-carrier may not be required by the commission to apply for or maintain a permit other than a wholesaler permit or a carrier's alcoholic permit.
Sec. 3. A wholesaler-carrier that provides logistic services for any type of alcoholic beverage that the wholesaler-carrier is not authorized to wholesale under the wholesaler-carrier's wholesaler permit must pay the permit fee established in IC 7.1-4-4.1-13(d).
Sec. 4. A wholesaler-carrier may not warehouse the alcoholic beverage of a contracting wholesaler at a place other than the premises described in the wholesaler application and permit of the wholesaler-carrier.
(1) Beer wholesaler's permit.
(2) Malt wholesaler's permit.
(3) Liquor wholesaler's permit.
(4) Wine wholesaler's permit.
(b) Except as provided in subsection (c), a permit fee of two thousand dollars ($2,000) is annually imposed for the issuance of each of the permits described in subsection (a).
(c) A permit fee of one hundred dollars ($100) is annually imposed for the issuance of a wine wholesaler's permit to a permit applicant who:
(1) has never previously held a wine wholesaler's permit and anticipates selling less than twelve thousand (12,000) gallons of wine and brandy in a year; or
(2) previously held a wine wholesaler's permit and certifies to the commission that the permit applicant sold less than twelve thousand (12,000) gallons of wine and brandy in the previous
year.
(d) If a wholesaler-carrier performs or intends to perform
logistic services on behalf of a contracting wholesaler under
IC 7.1-3-27 in a permit year for any type of alcoholic beverage that
the wholesaler-carrier is not authorized to wholesale under the
wholesaler-carrier's wholesaler permit, an additional permit fee of
fifty thousand dollars ($50,000) is imposed on the
wholesaler-carrier for the issuance of a permit described in
subsection (a).
