SB 353-1_ Filed 02/16/2000, 09:55


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

13

                                                        NO:
1

MR. SPEAKER:
    Your Committee on       Public Policy, Ethics and Veterans Affairs     , to which was referred       Senate Bill 353     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 1, line 1; (00)AM035301.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 7.1-2-4-5; (00)AM035301.1. -->     "SECTION 1. IC 7.1-2-4-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 5. Composition. A local board shall be composed of four (4) members who are qualified for their positions according to this chapter, and who, other than the designated representative of the commission, do not hold other lucrative public office or employment. However, the designated representative of the commission is not a voting member of the local board.
SOURCE: IC 7.1-2-4-16; (00)AM035301.2. -->     SECTION 2. IC 7.1-2-4-16 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 16. Quorum and Voting. Three (3) (a) Two (2) appointed members of a local board shall constitute a quorum for the transaction of business.
     (b) A local board may take action only upon the affirmative votes of at least three (3) two (2) of its members.
     (c) The designated member may:
        (1) not vote on matters before the local board; and
        (2) serve the local board as an adviser on matters of law, public record, and public policy as determined by the commission.
".
SOURCE: Page 2, line 22; (00)AM035301.2. -->     Page 2, between lines 22 and 23, begin a new paragraph and insert:
SOURCE: IC 7.1-3-1-25; (00)AM035301.4. -->     "SECTION 4. IC 7.1-3-1-25 , AS AMENDED BY P.L.205-1999, SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 25. (a) A city or county listed in this subsection that by itself or in combination with any other municipal body acquires by ownership or by lease any stadium, exhibition hall, auditorium, theater, convention center, or civic center may permit the retail sale of alcoholic beverages upon the premises if the governing board of the facility first applies for and secures the necessary permits as required by this title. The cities and counties to which this subsection applies are as follows:
        (1) A consolidated city or its county.
        (2) A city of the second class.
        (3) A county having a population of more than one hundred thirty thousand six hundred (130,600) but less than two hundred thousand (200,000).
        (4) A county having a population of more than three hundred thousand (300,000) but less than four hundred thousand (400,000).
        (5) A city having a population of less than ten thousand (10,000) that is located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000).
        (6) A county having a population of more than one hundred eight thousand nine hundred fifty (108,950) but less than one hundred twelve thousand (112,000).
        (7) A county having a population of more than one hundred eight thousand (108,000) but less than one hundred eight thousand nine hundred fifty (108,950).
    (b) A county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000) or

a township located in such a county that has established a public park with a golf course within its jurisdiction under IC 36-10-3 or IC 36-10-7 may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center within the park, including a clubhouse, social center, or pavilion.
    (c) A township that:
        (1) is located in a county having a population of more than one hundred thousand (100,000) but less than one hundred seven thousand (107,000); and
        (2) acquires ownership of a golf course;
may permit the retail sale of alcoholic beverages upon the premises of the golf course, if the governing board of the golf course first applies for and secures the necessary permits required by this title.
    (d) A township:
        (1) having a population of more than thirty thousand (30,000) and less than seventy-five thousand (75,000); and
        (2) located in a county having a population of more than four hundred thousand (400,000) but less than seven hundred thousand (700,000);
may be issued a permit for the retail sale of alcoholic beverages on the premises of any community center or social center that is located within the township and operated by the township.
    (e) A city that:
        (1) has a population of:
            (A) more than fifty-eight thousand (58,000) but less than sixty thousand (60,000); or
            (B) more than forty thousand (40,000) but less than forty-three thousand (43,000); and
        (2) owns a golf course;
may permit the retail sale of alcoholic beverages upon the premises of the golf course if the governing board of the golf course first applies for and secures the necessary permits required by this title.
    (f) A city that:
        (1) has a population of more than thirty-three thousand eight hundred fifty (33,850) but less than thirty-five thousand (35,000); and
        (2) owns or leases a marina;
may permit the retail sale of alcoholic beverages upon the premises of

the marina, if the governing board of the marina first applies for and secures the necessary permits required by this title. The permit may include the carryout sale of alcoholic beverages.
    (g) A city listed in this subsection that owns a marina may be issued a permit for the retail sale of alcoholic beverages on the premises of the marina. The permit may include the carryout sale of alcoholic beverages. However, the city must apply for and secure the necessary permits that this title requires. This subsection applies to the following cities:
        (1) A city having a population of more than one hundred ten thousand (110,000) but less than one hundred twenty thousand (120,000).
        (2) A city having a population of more than seventy-five thousand (75,000) but less than ninety thousand (90,000).
        (3) A city having a population of more than thirty-three thousand (33,000) but less than thirty-three thousand eight hundred fifty (33,850).
        (4) A city having a population of more than twenty-seven thousand (27,000) but less than thirty thousand (30,000).
        (5) A city having a population of more than twenty-one thousand eight hundred thirty (21,830) but less than twenty-three thousand (23,000).
    (h) Notwithstanding subsection (a), the commission may issue a civic center permit to a person that:
        (1) by the person's self or in combination with another person is the proprietor, as owner or lessee, of an entertainment complex; or
        (2) has an agreement with a person described in subdivision (1) to act as a concessionaire for the entertainment complex for the full period for which the permit is to be issued.

SOURCE: IC 7.1-3-20-24; (00)AM035301.5. -->     SECTION 5. IC 7.1-3-20-24 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 24. (a) This section does not affect the requirements necessary to obtain a permit to sell alcoholic beverages on the premises of a licensed premises.
    (b) The commission may designate a licensed permit premises used exclusively for catered events as a catering hall.
    (c) Catering halls designated under this section are not required to be open to the general public. However, if a designated catering hall

desires to host an event that is open to the general public, the catering hall shall comply with the notice requirement under IC 7.1-3-9.5-2. A catering hall with a special three-way catering hall permit under subsection (d) may not be open to the general public.
    (d) The commission may issue a special three-way catering hall permit to an applicant to sell alcoholic beverages for on premises consumption on a premises that:
        (1) is used only for private catered events as a catering hall; and
        (2) has accommodations for at least two hundred fifty (250) individuals.
An applicant who is issued a permit under this subsection is not required to obtain a restaurant permit.
    (e) A permit authorized by subsection (d) may be issued without regard to the quota provisions of IC 7.1-3-22.
    (f)
The commission shall adopt rules under IC 4-22-2 to implement this section.".

SOURCE: Page 3, line 12; (00)AM035301.3. -->     Page 3, between lines 12 and 13, begin a new paragraph and insert:
SOURCE: ; (00)AM035301.8. -->     SECTION 8. [EFFECTIVE UPON PASSAGE]: (a) As used in this SECTION, "committee" refers to the alcoholic beverage study committee established under this SECTION.
    (b) The alcoholic beverage study committee is established.
    (c) The committee consists of members of the general assembly.
    (d) The chairman of the legislative council shall determine the number of committee members. The chairman and vice chairman of the legislative council shall each appoint one-half (1/2) of the members of the committee.
    (e) The committee shall study issues concerning the regulation of alcoholic beverages in Indiana, including the following:
        (1) The alcoholic beverage permitting process.
        (2) Restrictions on the issuance of alcoholic beverage permits, including quotas on the issuance of alcoholic beverage permits.
        (3) Enforcement of alcoholic beverage statutes and the rules of the Indiana alcoholic beverage commission.
        (4) Any other issue determined by the committee or referred to the committee by the legislative council.
    (f) The committee shall operate under the policies and guidelines

established by the legislative council for interim study committees.
    (g) Each member of the committee is entitled to receive the same per diem, mileage, and travel allowances paid to legislative members of interim study committees established by the legislative council.
    (h) The affirmative votes of a majority of the members appointed to the committee are required for the committee to take action on any measure, including final reports.
    (i) The committee shall submit a final report to the legislative council in accordance with the policies and guidelines of the legislative council for interim study committees.
    (j) This SECTION expires December 31, 2000.
".
    Renumber all SECTIONS consecutively.
    (Reference is to SB 353 as printed January 28, 2000.)

and when so amended that said bill do pass.

__________________________________

Representative Kuzman


AM035301/DI 87    2000