Citations Affected: IC 7.1-3.
Synopsis: Alcoholic beverage retail permits. Provides that in the case
of a municipal annexation, the alcoholic beverage commission may
only reclassify a retailer's permit in the former unincorporated territory
as a permit inside the municipality if the permittee has actually
conducted a retail business at the site for two consecutive years.
Effective: Upon passage.
January 8, 2001, read first time and referred to Committee on Governmental and
February 15, 2001, reported favorably _ Do Pass.
February 19, 2001, read second time, amended, ordered engrossed.
A BILL FOR AN ACT to amend the Indiana Code concerning
SECTION 1. IC 7.1-3-22-3 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE UPON PASSAGE]: Sec. 3.
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 or town or in an unincorporated town for each one
thousand five hundred (1,500) persons, or fraction thereof, residing
within the incorporated city or town or the unincorporated town. 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.
(b) This subsection applies when a city or town annexes into the city or town unincorporated territory where a retailer's permit has been granted before the annexation. The commission may only reclassify a retailer's permit for a premises in the former unincorporated territory as a permit for a premises in an incorporated city or town if the permittee has actually conducted a business of selling alcoholic beverages to customers for
consumption on the licensed premises for two (2) consecutive years.
The period of two (2) consecutive years may begin to run either
before or after the annexation occurs.
SECTION 2. An emergency is declared for this act.