HB 1738-2_ Filed 04/01/2003, 16:27 Merritt

SENATE MOTION


MR. PRESIDENT:

    I move
that Engrossed House Bill 1738 be amended to read as follows:

SOURCE: Page 3, line 17; (03)MO173808.3. -->     Page 3, delete lines 17 through 29, begin a new paragraph and insert:
SOURCE: IC 7.1-3-17.5-6; (03)MO173808.9. -->     "SECTION 9. IC 7.1-3-17.5-6 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 6. Notwithstanding IC 7.1-5-5-7, the holder of an excursion and adjacent landsite permit may, subject to the approval of the commission, provide alcoholic beverages to guests without charge at an event on the licensed premises if all the following requirements are met:
        (1) The event is attended by not more than five hundred (500) guests.
        (2) The event is not more than three (3) hours in duration.
        (3) Each alcoholic beverage dispensed to a guest:
            (A) is entered into a cash register that records and itemizes on the cash register tape each alcoholic beverage dispensed; and
            (B) is entered into a cash register as a sale and at the same price that is charged to the general public.
        (4) At the conclusion of the event, all alcoholic beverages recorded on the cash register tape are paid by the holder of the excursion and adjacent landsite permit.
        (5) All records of the alcoholic beverage sales, including the cash register tape, shall be maintained by the holder of the excursion and adjacent landsite permit for not less than two (2) years.
        (6) The holder of the excursion and adjacent landsite permit complies with the rules of the commission.
".
SOURCE: Page 5, line 29; (03)MO173808.5. -->     Page 5, delete lines 29 through 42, begin a new paragraph and insert:
SOURCE: IC 7.1-5-5-7; (03)MO173808.15. -->     "SECTION 15. IC 7.1-5-5-7, AS AMENDED BY P.L.204-2001,

SECTION 51, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2003]: Sec. 7. (a) It is unlawful for a permittee in a sale or contract to sell alcoholic beverages to discriminate between purchasers by granting a price, discount, allowance, or service charge which is not available to all purchasers at the same time. However, this section does not authorize or require a permittee to sell to a person to whom he is not authorized to sell under this title.
    (b) A premises that operates at least two (2) restaurants that are separate and distinct from each other on the same premises may provide for a different schedule of prices in each restaurant if each restaurant conforms to all other laws and rules of the commission regarding pricing and price discrimination in its separate and distinct areas.
     (c) This section does not apply to the holder of an excursion and adjacent landsite permit that complies with IC 7.1-3-17.5-6.".

SOURCE: Page 6, line 1.
    Renumber; (03)MO173808.6. -->     Page 6, delete line 1.
    Renumber all SECTIONS consecutively.
    (Reference is to EHB 1738 as printed March 28, 2003.)

________________________________________

Senator MERRITT


MO173808/DI 87     2003