HOUSE BILL No. 1040
DIGEST OF INTRODUCED BILL
Synopsis: Alcoholic beverage exclusive territories. Makes it a Class
B misdemeanor for a person who is a producer, an importer, or a
wholesaler of alcoholic beverages to do any of the following: (1)
Require an alcoholic beverages permittee to purchase all or specific
types of alcoholic beverages only from the person. (2) Establish a quota
of alcoholic beverages to be taken or sold by the permittee to induce
the permittee to purchase only from the person. (3) Restrict the
geographic area in which the person's alcoholic beverages may be sold,
or sell only to certain permittees within a geographic area.
Effective: July 1, 2002.
January 8, 2002, read first time and referred to Committee on Public Policy, Ethics and
Second Regular Session 112th General Assembly (2002)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
Constitution) is being amended, the text of the existing provision will appear in this style type,
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Conflict reconciliation: Text in a statute in this style type
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between statutes enacted by the 2001 General Assembly.
HOUSE BILL No. 1040
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 7.1-5-5-9.5; (02)IN1040.1.1. -->
IS ADDED TO THE INDIANA CODE
AS A NEW
SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2002]: Sec. 9.5. (a) This section applies to:
(1) a person engaged in business as:
(A) a brewer;
(B) a distiller;
(C) an importer;
(D) a producer;
(E) a rectifier;
(F) a vintner; or
(G) a wholesaler;
of beer, liquor, malt beverages, or wine; or
(2) an affiliate of a person described in subdivision (1).
(b) After June 30, 2002, it is unlawful for a person described in
subsection (a) to directly or indirectly do any of the following:
(1) Require a permittee who is authorized to purchase
alcoholic beverages from the person to purchase all or specific
types of alcoholic beverages only from the person.
(2) Induce a permittee to purchase all or specific types of
alcoholic beverages only from the person by requiring the
permittee to take and dispose of a certain quantity or quota of
(3) Restrict, by agreement or otherwise, the sale or resale of
alcoholic beverages to a given geographical area or to certain
permittees within a given geographical area. This subdivision
does not prohibit the designation of an area of primary
responsibility. However, efforts to restrict sales to only the
designated area of primary responsibility are prohibited.