Bill Text: IN SB0255 | 2011 | Regular Session | Amended
Bill Title: Carryout of alcoholic beverages.
Spectrum: Moderate Partisan Bill (Republican 4-1)
Status: (Passed) 2011-05-18 - Effective 07/01/2011 [SB0255 Detail]
Download: Indiana-2011-SB0255-Amended.html
Citations Affected: IC 7.1-3; IC 7.1-5.
Synopsis: Carryout of alcoholic beverages. Allows the holder of a
three-way permit issued for a premises within a city market to sell beer
and wine for carryout. Excludes certain establishments from the
application of a provision that: (1) makes it unlawful to sell beer in this
state at retail in a bottle, can, or other container, unless the bottle, can,
or other container was packaged and sealed by the brewer at the
brewer's bottling house contiguous or adjacent to the brewery in which
the beer was produced; and (2) makes it unlawful for a person to refill
a bottle or container, in whole or in part, with an alcoholic beverage or
knowingly possess a bottle or container that has been refilled, in whole
or in part, with an alcoholic beverage after the container of liquor has
been emptied in whole or in part.
Effective: July 1, 2011.
January 6, 2011, read first time and referred to Committee on Rules and Legislative
Procedure.
January 20, 2011, amended; reassigned to Committee on Public Policy.
February 14, 2011, reported favorably _ Do Pass.
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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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.
(b) As used in this section, "city market" means a marketplace where spaces are leased for a valuable consideration for the purpose of selling and displaying for sale to the general public items or products approved by the City Market Corporation and that has the following characteristics:
(1) The market consists of an area that:
(A) has been redeveloped or renovated in part with grants from the federal, state, or local government; and
(B) is entirely located within a one-half (1/2) mile radius of the center of a consolidated city.
(2) The market consists of a building or group of buildings that:
(A) contains more than ten (10) retailers; and
(B) is constructed in a manner so that the buildings or retail locations can be accessed without going outside the market.
(c) The commission may issue a three-way permit to sell alcoholic beverages for
(d) A permit authorized by this section may be issued without regard to the proximity provisions of IC 7.1-3-21-11 or the quota provisions of IC 7.1-3-22.
(e) Permits issued under this section may not be transferred to a location outside the city market.
(1) An establishment where alcoholic beverages are sold that is owned, in whole or part, by an entity that holds a brewer's permit for a brewery described under IC 7.1-3-2-7(5).
(2) An establishment where alcoholic beverages are sold that is owned, in whole or part, by a statewide trade organization consisting of members, each of whom hold a brewer's permit for a brewery described under IC 7.1-3-2-7(5).
(b) It is unlawful to sell beer in this state at retail in a bottle, can, or other container, unless the bottle, can, or other container was packaged and sealed by the brewer at
(1) The necessary refilling of a container by a person holding a permit that authorizes the person to manufacture, rectify, or bottle liquor.
(2) An establishment where alcoholic beverages are sold that is owned, in whole or part, by an entity that holds a brewer's permit for a brewery described under IC 7.1-3-2-7(5).
(3) An establishment where alcoholic beverages are sold that is owned, in whole or part, by a statewide trade organization consisting of members, each of whom hold a brewer's permit for a brewery described under IC 7.1-3-2-7(5).
(1) refill a bottle or container, in whole or in part, with an alcoholic beverage; or
(2) knowingly possess a bottle or container that has been refilled, in whole or in part, with an alcoholic beverage;
after the container of liquor has been emptied in whole or in part.
