Bill Text: IN SB0173 | 2013 | Regular Session | Introduced
Bill Title: Lakefront development project alcohol permit.
Spectrum: Bipartisan Bill
Status: (Passed) 2013-05-13 - Public Law 176 [SB0173 Detail]
Download: Indiana-2013-SB0173-Introduced.html
Citations Affected: IC 7.1-3-20.
Synopsis: Lakefront development project alcohol permit. Allows the
alcohol and tobacco commission to issue a three-way, two-way, or
one-way permit to sell alcoholic beverages for on-premises
consumption to an applicant who is the proprietor, as owner or lessee,
or both, of a restaurant on land or in a historic lake vessel within a
municipal lakefront development project funded in part with federal
money. Requires the boundaries of the lakefront development project
to border on Lake Michigan. Specifies the criteria that an applicant
must demonstrate in applying for a special permit in a municipal
lakefront development project. Makes a technical correction.
Effective: July 1, 2013.
January 7, 2013, 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
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A BILL FOR AN ACT to amend the Indiana Code concerning
alcohol and tobacco.
(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. A permit issued under this subsection shall not be transferred to a location off the airport premises.
(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 the following:
(1) A town that:
(A) 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
(B) has a population of more than twenty thousand (20,000)
but less than twenty-three thousand seven hundred (23,700).
(2) A city that has an indoor theater as described in section 26 of
this chapter.
(g) 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 seven hundred (700) 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
seven hundred (700) feet of the district. A permit issued under this
subsection shall not be transferred. The total number of active permits
issued under this subsection may not exceed ten (10) at any time. 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 forty-four thousand five
hundred (44,500) but less than forty-five thousand (45,000);
located in a county having a population of more than one hundred ten
thousand (110,000) but less than one hundred eleven thousand
(111,000). 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.
(j) Subject to section 16.1 of this chapter, 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 lake vessel;
within a municipal lakefront development project funded in part
with federal money. A permit issued under this subsection may not
be transferred.
following:
(1) A municipal riverfront development project authorized under
described in section 16(d) of this chapter.
(2) A municipal lakefront development project described in
section 16(j) of this chapter.
(b) In order to qualify for a permit, an applicant must demonstrate
that the municipal riverfront development project area or the
municipal lakefront development project area where the permit is
to be located meets the following criteria:
(1) The project boundaries must border:
(A) on at least one (1) side of a river, for a riverfront
development project area; or
(B) on Lake Michigan, for a lakefront development project
area.
(2) The proposed permit premises may not be located more than:
(A) one thousand five hundred (1,500) feet; or
(B) three (3) city blocks;
from the river, for a municipal riverfront development project
area, or Lake Michigan, for a municipal lakefront
development project area, whichever is greater. However, if the
area adjacent to the river or Lake Michigan is incapable of being
developed because the area is in a floodplain, or for any other
reason that prevents the area from being developed, the distances
described in clauses (A) and (B) are measured from the city
blocks located nearest to the river or Lake Michigan that are
capable of being developed.
(3) The permit premises are located within:
(A) an economic development area, a redevelopment project
area, an urban renewal area, or a redevelopment area
established under IC 36-7-14, IC 36-7-14.5, or IC 36-7-15.1;
(B) an economic development project district under
IC 36-7-15.2 or IC 36-7-26; or
(C) a community revitalization enhancement district
designated under IC 36-7-13-12.1.
(4) The municipal riverfront development project must be
funded in part with state and city money. The municipal
lakefront development project must be funded in part with
federal money.
(5) The boundaries of the municipal riverfront development
project or municipal lakefront development project must be
designated by ordinance or resolution by the legislative body (as
defined in IC 36-1-2-9(3) or IC 36-1-2-9(4)) of the city in which
the project is located.
(c) Proof of compliance with subsection (b) must consist of the
following documentation, which is required at the time the permit
application is filed with the commission:
(1) A detailed map showing:
(A) definite boundaries of the entire municipal riverfront
development project or municipal lakefront development
project; and
(B) the location of the proposed permit within the project.
(2) A copy of the local ordinance or resolution of the local
governing body authorizing the municipal riverfront development
project or municipal lakefront development project.
(3) Detailed information concerning the expenditures of:
(A) state and city funds on the municipal riverfront
development project; or
(B) federal funds on the municipal lakefront development
project.
(d) Notwithstanding subsection (b), the commission may issue a
permit for premises, the location of which does not meet the criteria of
subsection (b)(2), if all the following requirements are met:
(1) All other requirements of this section and:
(A) section 16(d) of this chapter are satisfied, for a municipal
riverfront development project; and
(B) section 16(j) of this chapter are satisfied, for a
municipal lakefront development project.
(2) The proposed premises is located not more than:
(A) three thousand (3,000) feet; or
(B) six (6) blocks;
from the river, for a municipal riverfront development project
area, and Lake Michigan, for a municipal lakefront
development project area, whichever is greater. However, if the
area adjacent to the river or Lake Michigan is incapable of being
developed because the area is in a floodplain, or for any other
reason that prevents the area from being developed, the distances
described in clauses (A) and (B) are measured from the city
blocks located nearest to the river or Lake Michigan that are
capable of being developed.
(3) The permit applicant satisfies the criteria established by the
commission by rule adopted under IC 4-22-2. The criteria
established by the commission may require that the proposed
premises be located in an area or district set forth in subsection
(b)(3).
(4) The permit premises may not be located less than two hundred (200) feet from facilities owned by a state educational institution.
(e) A permit may not be issued if the proposed permit premises is the location of an existing three-way permit subject to IC 7.1-3-22-3.
