First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 255
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 7.1-3-20-25; (11)SE0255.1.1. -->
SECTION 1. IC 7.1-3-20-25 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 25. (a) This section
applies only to a city market.
(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
on-premises consumption only consumption on the
licensed premises to an applicant who is the proprietor, as owner or
lessee, or both, of retail space within a city market.
The holder of a
permit issued under this section may sell beer and wine for
carryout. The permit may be a single permit even though more than
one (1) area constitutes the licensed premises under the permit.
(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.
SOURCE: IC 7.1-5-3-1; (11)SE0255.1.2. -->
SECTION 2. IC 7.1-5-3-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 1. Beer Must Be
Bottled At Brewery. (a) This section does not apply to the following:
(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 his the brewer's bottling house contiguous
or adjacent to the brewery in which the beer was produced.
SOURCE: IC 7.1-5-3-4; (11)SE0255.1.3. -->
SECTION 3. IC 7.1-5-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.
(a) This section
does not apply to the following:
(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).
(a) (b) It is unlawful for a person to:
(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.
(b) The provisions of this section do not apply to the necessary
refilling of a container by a person holding a permit that authorizes him
to manufacture, rectify, or bottle liquor.
SEA 255
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