HOUSE BILL No. 1342
DIGEST OF INTRODUCED BILL
Synopsis: Advertising signs for alcoholic beverages. Eliminates the
prohibition against an alcoholic beverage primary source of supply or
a wholesaler selling or giving an illuminated advertising sign to a retail
or dealer permittee. Eliminates the prohibition against a retail or dealer
permittee being the recipient of an illuminated advertising sign.
Effective: July 1, 2000.
January 11, 2000, read first time and referred to Committee on Public Policy, Ethics and
Second Regular Session 111th General Assembly (2000)
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HOUSE BILL No. 1342
A BILL FOR AN ACT to amend the Indiana Code concerning
Be it enacted by the General Assembly of the State of Indiana:
SOURCE: IC 7.1-2-3-16; (00)IN1342.1.1. -->
IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2000]: Sec. 16. (a) The commission
shall have the power to regulate and prohibit advertising, signs,
displays, posters, and designs intended to advertise an alcoholic
beverage or the place where alcoholic beverages are sold.
(b) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement appearing in a
(1) is published at least once a week;
(2) regularly publishes information of current news interest to the
(3) circulates generally to the public in any part of this state,
regardless of where printed.
However, a newspaper shall not include publications devoted to special
interests such as labor, religious, fraternal, society, or trade
publications or journals, or publications owned or issued by political
organizations or parties.
(c) The commission shall not exercise the prohibition power
contained in subsection (a) as to any advertisement broadcast over duly
licensed radio and television stations.
(d) All advertisements relating to alcoholic beverages, whether
published in a newspaper or broadcast over radio or television, shall
conform to the rules and regulations of the commission.
(e) The commission shall not exercise the prohibition power
contained in subsection (a) as to advertising in the official program of
the Indianapolis 500 Race or the Madison Regatta, Inc., Hydroplane
(f) Notwithstanding any other law, the commission may not prohibit
the use of an illuminated sign advertising alcoholic beverages by brand
name that is displayed within the interior or on the exterior of the
premises covered by the permit, regardless of whether the sign is
illuminated constantly or intermittently.
However, it is unlawful for a
primary source of supply or a wholesaler of alcoholic beverages to sell,
give, supply, furnish, or grant to, or maintain for, a retail or dealer
permittee an illuminated advertising sign. It is unlawful for a retail or
dealer permittee to receive, accept, display, or permit to be displayed,
an illuminated advertising sign sold, given, supplied, furnished,
granted, or maintained in violation of this subsection.
(g) The commission may not prohibit the advertisement of:
(1) alcoholic beverages; or
(2) a place where alcoholic beverages may be obtained;
in a program, scorecard, handbill, throw-away newspaper, or menu;
however, those advertisements must conform to the rules of the