Citations Affected: IC 7.1-3;
IC 7.1-4-1
.
Synopsis: Restaurant alcohol permits in unincorporated areas.
Provides uniform qualifications, quotas, and fees for alcoholic
beverage permits for restaurants located inside boundaries or within
two miles of the boundaries of cities, towns, and unincorporated towns.
Repeals a provision establishing an exception for restaurants located
in or near unincorporated towns.
Effective: July 1, 2000.
November 18, 1999, read first time and referred to Committee on Public Policy.
A BILL FOR AN ACT to amend the Indiana Code concerning
alcoholic beverages.
SECTION 1.
IC 7.1-3-20-10
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 10. Restaurants Within
Corporate Limits. The commission may issue the appropriate permit
upon the application of a restaurant if the premises to be licensed meet
the following requirements:
(1) The premises are situated within:
(A) the corporate limits of a city or town or the area
extending two (2) miles from the corporate limits of that
city or town; or
(B) the physically recognizable boundaries of an
unincorporated town or the area extending two (2) or more
miles from the physically recognizable boundaries of that
unincorporated town.
(2) The requirements of section 9 of this chapter are satisfied.
(3) The quota requirements of
IC 7.1-3-22-3
are satisfied.
SECTION 2.
IC 7.1-3-20-12
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 12. The commission
may issue a three-way permit for the sale of alcoholic beverages to the
proprietor of a restaurant which is located two (2) or more miles
outside the corporate limits of an incorporated city or town if the
restaurant meets the additional requirements:
(1) It shall be a table service restaurant in which a patron is seated
at a table and is served by a waiter or waitress and the food served
is predominantly consumed on the premises.
(2) It shall be sufficiently served by adequate law enforcement at
its premises.
(3) If it does business during seven (7) or more months of each
year, it shall have had an annual gross food sales of at least one
hundred thousand dollars ($100,000) for the three (3) years
immediately preceding its application for a permit unless the
permittee is the proprietor of a recreational facility such as a golf
course, bowling center, or similar facility to which
IC 7.1-3-16.5-2
(c) applies.
(4) If it does business during six (6) or fewer months of each year,
it shall have had average monthly gross food sales of at least eight
thousand five hundred dollars ($8,500) for each month it did
business for the three (3) years immediately preceding its
application for a permit.
SECTION 3.
IC 7.1-3-20-13
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 13. (a) The commission
may issue a three-way permit to the proprietor of a new restaurant
which is located two (2) or more miles outside the corporate limits of
an incorporated city or town for the sale of alcoholic beverages if:
(1) the applicant proves to the local board and the commission
that a projection of his experience had for the first ninety (90)
days of gross food sales at the location will exceed not less than
two hundred thousand dollars ($200,000) in gross food sales by
the end of two (2) years from the date of his application; and
(2) the restaurant meets the additional requirements provided in
section 12 of this chapter, other than the gross food sales
requirement.
(b) Notwithstanding subsection (a), the gross food sales requirement
under this section for an applicant who plans to do business during six
(6) or fewer months of each year is an average of at least eight
thousand five hundred dollars ($8,500) per month for each full month
that the applicant plans to do business.
(c) Notwithstanding subsections (a) and (b), the commission may
issue a permit for a new restaurant to sell alcoholic beverages at the
time of its opening if the applicant for this permit first executes a
verified certification to the commission stating that the anticipated
gross food sales are expected to exceed two hundred thousand dollars
($200,000) during the first two (2) years of operation. Not more than
one hundred twenty (120) days after the opening of the new restaurant,
the applicant shall furnish to the commission a financial statement
showing the dollar amount of food sales made during the first ninety
(90) days of operation. The commission may require this financial
statement to be audited by a certified public accountant. If the food
sales shown on the financial statement do not meet the standards set
forth in subsection (a), the commission may revoke the permit.
SECTION 4.
IC 7.1-3-22-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. Retailers' Permits
Limited. (a) The commission may grant only one (1) three-way permit,
and one (1) two-way permit, and one (1) one-way permit in an
incorporated city, town, or unincorporated town a territory described
in subdivision (1) or (2) for each one thousand five hundred (1,500)
persons, or fraction thereof, residing within the following territories: (1) The
incorporated city, town, or unincorporated town.
corporate limits of a city or town plus the area extending two
(2) miles from the corporate limits of that city or town.
(2) The physically recognizable boundaries of an
unincorporated town plus the area extending two (2) miles
from the physically recognizable boundaries of that
unincorporated town.
(b) For purposes of fixing a quota under this section, if territory
lies within the two (2) mile extension area of more than one (1) city,
town, or unincorporated town, the commission shall establish a
procedure to allocate the population of the territory among the
affected cities, towns, or unincorporated towns.
(c) The commission shall include liquor retailer permits issued to
clubs, but not those issued to fraternal clubs, in its quota computation
when it is considering an application for a new liquor retailer's permit.
SECTION 5.
IC 7.1-4-1-3
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 3. Beer Retailer's
Permit Fee. (a) The annual license fee for a beer retailer's permit is two
hundred dollars ($200), if the licensed premises are:
(1) located within a first or second class city or town having a
population of at least thirty-five thousand (35,000); or
(2) a restaurant located within:
(A) the area extending two (2) miles from the corporate
limits of the city or town described in subdivision (1);
(B) the physically recognizable boundaries of an
unincorporated town having a population of at least
thirty-five thousand (35,000); or
(C) the area extending two (2) miles from the physically
recognizable boundaries of an unincorporated town
described in clause (B).
(b) The annual license fee for a beer retailer's permit is one hundred
fifty dollars ($150), if the licensed premises are:
(1) located within a city or town having a population of less than
thirty-five thousand (35,000); or
(2) a restaurant located within:
(A) the area extending two (2) miles from the corporate
limits of a city or town described in subdivision (1);
(B) the physically recognizable boundaries of an
unincorporated town having a population of less than
thirty-five thousand (35,000); or
(C) the area extending two (2) miles from the physically
recognizable boundaries of an unincorporated town
described in clause (B).
(c) The annual license fee for a beer retailer's permit is one hundred
dollars ($100), if the licensed premises are:
(1) located outside the corporate limits of an incorporated a city
or town; and
(2) not a restaurant that is subject to a fee of more than one
hundred dollars ($100) under subsections (a) through (c).
SECTION 6.
IC 7.1-4-1-4
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 4. Beer Retailers:
Additional Fees. (a) The annual license fee for a beer retailer's permit
shall be increased if:
(1) the licensed premises are:
(A) located in an incorporated a city or incorporated town; if
or
(B) a restaurant located within:
(i) the area extending two (2) miles from the corporate
limits of a city or town;
(ii) the physically recognizable boundaries of an
unincorporated town; or
(iii) the area extending two (2) miles from the physically
recognizable boundaries of an unincorporated town; and
(2) the applicant has accommodations for a number of guests in
excess of fifty (50).
(b) The annual license fee shall be increased by fifty dollars ($50)
if the applicant has accommodations for one hundred (100) guests. The
annual license fee shall be increased by seventy-five dollars ($75) if the
applicant has accommodations for one hundred fifty (150) guests. The
additional fee shall be increased twenty-five dollars ($25) for each fifty
(50) accommodations in excess of one hundred fifty (150). The excess
accommodations shall be computed as though they were exactly fifty
(50) in number if the applicant has accommodations in number in
excess of a multiple of fifty (50).
SECTION 7.
IC 7.1-3-20-11
IS REPEALED [EFFECTIVE JULY
1, 2000].