Introduced Version






HOUSE BILL No. 1369

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-2-3-32 ; IC 7.1-3-21 ; IC 7.1-5-9-5.

Synopsis: Wholesaler's permits. Provides that retailers and dealers of alcoholic beverages may not transport alcoholic beverages in a manner that would cause the wholesaler to violate an agreement with the wholesaler's supplier. Allows the alcohol and tobacco commission to issue a wholesaler's permit to: (1) a person who is not a resident of Indiana; or (2) a corporation, partnership, limited partnership, or limited liability company if no person having an interest in the corporation, partnership, limited partnership, or limited liability company is a resident of Indiana. Repeals a statute that prohibits a corporation that does business in Indiana from enabling a nonresident of Indiana to control or acquire an interest in a beer wholesaler's permit.

Effective: July 1, 2003.





Kuzman




    January 14, 2003, read first time and referred to Committee on Public Policy, Ethics and Veterans Affairs.







Introduced

First Regular Session 113th General Assembly (2003)


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, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
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HOUSE BILL No. 1369



    A BILL FOR AN ACT to amend the Indiana Code concerning alcoholic beverages and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-2-3-32; (03)IN1369.1.1. -->     SECTION 1. IC 7.1-2-3-32 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 32. (a) The commission, by rule, may provide procedures whereby two (2) or more retailers and dealers may enter into a formal group purchasing agreement for the purpose of purchasing alcoholic beverages from permittees authorized to sell alcoholic beverages to them.
    (b) If the commission exercises the power granted in subsection (a), the rule shall make provisions for at least the following:
        (1) the formal requirements of a group purchasing agreement;
        (2) the vesting of title to the alcoholic beverages purchased under a group purchasing agreement;
        (3) the transportation by retailers and dealers of the alcoholic beverages purchased under a group purchasing agreement;
        (4) the purchase and transportation of alcoholic beverages by retailers and dealers, whether they are parties to a group purchasing agreement or not, as a result of a service interruption or other emergency; and
        (5) the filing requirements of a group purchasing agreement or any amendments or additions thereto.
     (c) Retailers and dealers may not transport alcoholic beverages in a manner that would place the wholesaler that sold the alcoholic beverages to the retailers and dealers in violation of the contractual agreement between the wholesaler and the wholesaler's supplier of the alcoholic beverages.
SOURCE: IC 7.1-3-21-3; (03)IN1369.1.2. -->     SECTION 2. 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 an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type 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)IN1369.1.3. -->     SECTION 3. IC 7.1-3-21-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 4. The commission shall not issue an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type 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)IN1369.1.4. -->     SECTION 4. 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 an alcoholic beverage wholesaler's, retailer's or dealer's permit of any type 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 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) (b) 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)IN1369.1.5. -->     SECTION 5. 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 an alcoholic beverage wholesalers, retailers or dealers permit of any type 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 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) (b) 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)IN1369.1.6. -->     SECTION 6. 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 an alcoholic beverage wholesalers, retailers or dealers permit of any type 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 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) (b) 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 7.1-5-9-5; (03)IN1369.1.7. -->     SECTION 7. IC 7.1-5-9-5 IS REPEALED [EFFECTIVE JULY 1, 2003].