HB 1369-1_ Filed 02/27/2003, 08:22 Kuzman


Text Box


    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______
    RULED OUT OF ORDER


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1369 be amended to read as follows:

SOURCE: Page 4, line 19; (03)MO136901.4. -->     Page 4, delete lines 19 through 42, begin a new paragraph and insert:
SOURCE: IC 7.1-3-21-3; (03)MO136901.4. -->     "SECTION 4. IC 7.1-3-21-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 3. Residency Requirements. The commission shall not issue:
         (1) an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type; or
        (2) a wine wholesaler's or liquor wholesaler's permit;

to a person who has not been a continuous and bona fide resident of this state for five (5) years immediately preceding the date of the application for a permit.
SOURCE: IC 7.1-3-21-4; (03)MO136901.5. -->     SECTION 5. IC 7.1-3-21-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. The commission shall not issue:
         (1) an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type; or
         (2) a wine wholesaler's or liquor wholesaler's permit;
to a partnership unless each member of the partnership possesses the same qualifications as those required of an individual applicant for that particular type of permit.
SOURCE: IC 7.1-3-21-5; (03)MO136901.6. -->     SECTION 6. IC 7.1-3-21-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5. (a) Corporations.

The commission shall not issue:
         (1) an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type; or
        (2) a wine wholesaler's or liquor wholesaler's permit;

to a corporation unless sixty percent (60%) of the outstanding common stock is owned by persons who have been continuous and bona fide residents of this state for five (5) years.
    (b) The commission shall not issue an alcoholic beverage a wine wholesaler's or liquor wholesaler's permit of any type to a corporation unless at least one (1) of the stockholders shall have been a resident, for at least one (1) year immediately prior to making application for the permit, of the county in which the licensed premises are to be situated.
    (c) Each officer and stockholder of a corporation shall possess all other qualifications required of an individual applicant for that particular type of permit.

SOURCE: IC 7.1-3-21-5.2; (03)MO136901.7. -->     SECTION 7. IC 7.1-3-21-5.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.2. (a) The commission shall not issue:
         (1) an alcoholic beverage wholesalers, retailer's or dealer's permit of any type; or
         (2) a wine wholesaler's or liquor wholesaler's permit;
to a limited partnership unless at least sixty percent (60%) of the partnership interest is owned by persons who have been continuous and bona fide residents of Indiana for five (5) years.
    (b) The commission shall not issue an alcoholic beverage a wine wholesaler's or liquor wholesaler's permit of any type to a limited partnership unless for at least one (1) year immediately before making application for the permit, at least one (1) of the persons having a partnership interest has been a resident of the county in which the licensed premises are to be situated.
    (c) Each general partner and limited partner of a limited partnership must possess all other qualifications required of an individual applicant for that particular type of permit.
SOURCE: IC 7.1-3-21-5.4; (03)MO136901.8. -->     SECTION 8. IC 7.1-3-21-5.4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 5.4. (a) The commission shall not issue:
         (1) an alcoholic beverage wholesalers, retailer's or dealer's permit of any type; or
        (2)
a wine wholesaler's or liquor wholesaler's permit;
to a limited liability company unless at least sixty percent (60%) of the membership interest is owned by persons who have been continuous and bona fide residents of Indiana for five (5) years.
    (b) The commission shall not issue an alcoholic beverage a wine wholesaler's or liquor wholesaler's permit of any type to a limited liability company unless for at least one (1) year immediately before making application for the permit, at least one (1) of the persons having

a membership interest has been a resident of the county in which the licensed premises are to be situated.
    (c) Each manager and member of a limited liability company must possess all other qualifications required of an individual applicant for that particular type of permit.

SOURCE: IC 7.1-5-9-10; (03)MO136901.9. -->     SECTION 9. IC 7.1-5-9-10 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 10. Retailer Owning Interest in Another Permit Prohibited. (a) Except as provided in subsection (b), it is unlawful for a holder of a retailer's permit of any type to acquire, hold, own, or possess an interest of any type in a manufacturer's or wholesaler's permit of any type.
     (b) It is lawful for a holder of a retailer's permit of any type to acquire, hold, own, or possess an interest of any type in a brewer's permit for a brewery that manufactures not more than twenty thousand (20,000) barrels of beer in a calendar year.".
SOURCE: Page 5, line 1; (03)MO136901.5. -->     Page 5, delete lines 1 through 36.
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1369 as printed February 25, 2003.)

________________________________________

Representative Kuzman


MO136901/DI 87     2003