SB 27-1_ Filed 02/27/2006, 07:48 Burton

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    PREVAILED      Roll Call No. _______
    FAILED        Ayes _______
    WITHDRAWN        Noes _______





    I move that Engrossed Senate Bill 27 be amended to read as follows:

SOURCE: Page 2, line 1; (06)MO002707.2. -->     Page 2, between lines 1 and 2, begin a new paragraph and insert:
SOURCE: IC 7.1-1-3-18.5; (06)MO002707.2. -->     "SECTION 2. IC 7.1-1-3-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 18.5. (a) "Grocery store" means a store or a part of a store that:
        (1) has the primary North American Industry Classification System (NAICS) classification 445110 or 452910; and
        (2) is primarily engaged in the retail sale of a general food line, which may include:
            (A) canned and frozen foods;
            (B) dry goods, including tea, coffee, sugar, and flour;

             (C) fresh fruits and vegetables; and
            (D) fresh and prepared meats.
    (b) The term does not include a store that has less than two hundred fifty thousand dollars ($250,000) in annual gross sales of food, excluding the following:

         (1) Candy, confectionaries, and chewing gum.
        (2) Alcoholic beverages.
        (3) Cocktail mixers.
        (4) Soft drinks, sodas, and other similar beverages.
        (5) Medicines, tonics, vitamins, and other dietary supplements.

         (6) Water (except natural spring water), mineral water, carbonated water, and ice.
        (7) Pet food.
        (8) Food furnished, prepared, or served for consumption at a

location, or on equipment, provided by the retail merchant.
        (9) Meals served by a retail merchant off the merchant's premises.
        (10) Food sold by a retail merchant who ordinarily bags, wraps, or packages the food for immediate consumption on or near the merchant's premises, including food sold on a "take out" or "to go" basis.
        (11) Food sold through a vending machine.
        (12) Tobacco products.

SOURCE: Page 22, line 34; (06)MO002707.22. -->     Page 22, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: ; (06)MO002707.43. -->     "SECTION 43. [EFFECTIVE JULY 1, 2006] Notwithstanding IC 7.1-1-3-18.5, as added by this act, the alcohol and tobacco commission may not deny renewal or transferral of ownership of a beer dealer's permit for a beer dealer who:
        (1) held a permit before July 1, 2006; and
        (2) does not qualify for a permit as a grocery store under the definition set forth in IC 7.1-1-3-18.5, as added by this act.
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 27 as printed February 24, 2006.)


Representative Burton

MO002707/DI 110     2006