SB 27-8_ Filed 02/27/2006, 08:45 Whetstone
Adopted 3/1/2006


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

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

SOURCE: Page 1, line 6; (06)MO002710.1. -->     Page 1, line 6, after "title." begin a new paragraph and insert:
    " (c)".
    Page 1, line 6, reset in roman "The provisions of this title shall be liberally".
    Page 1, reset in roman line 7.
    Page 1, line 8, delete "(c)" and insert " (d)".
    Page 1, line 10, delete "(d)" and insert " (e)".
    Page 1, line 10, after "title" insert " allowing for an exception to the three (3) tier system of alcohol beverage distribution in which the exception allows for a direct transaction between a primary source of supply and a consumer or between a primary source of supply and a retailer or dealer".
    Page 1, line 12, delete "the affected chapter" and insert " this title".
    Page 1, line 14, delete "commerce in alcoholic" and insert " exceptions to the three (3) tier system of alcoholic beverage distribution; and".
    Page 1, delete line 15.
    Page 18, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 7.1-3-21-3; (06)MO002710.33. -->     "SECTION 33. IC 7.1-3-21-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 3. (a) The commission shall not issue
        (1) an alcoholic beverage 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

Indiana for five (5) years immediately preceding the date of the application for a permit.
    (b) The commission shall not issue a beer wholesaler's permit to a person who has not been a continuous and bona fide resident of Indiana for one (1) year.

SOURCE: IC 7.1-3-21-4; (06)MO002710.34. -->     SECTION 34. IC 7.1-3-21-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: 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; (06)MO002710.35. -->     SECTION 35. IC 7.1-3-21-5 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5. (a) The commission shall not issue
        (1) an alcoholic beverage 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 Indiana for five (5) years.
    (b) The commission shall not issue a beer wholesaler's permit to a corporation unless at least sixty percent (60%) of the outstanding common stock is owned by persons who have been continuous and bona fide residents of Indiana for one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit 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.
    (d) 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; (06)MO002710.36. -->     SECTION 36. IC 7.1-3-21-5.2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.2. (a) The commission shall not issue
        (1) an alcoholic beverage 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 a beer 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 one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit 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.
    (d) 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; (06)MO002710.37. -->     SECTION 37. IC 7.1-3-21-5.4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2006]: Sec. 5.4. (a) The commission shall not issue
        (1) an alcoholic beverage 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 a beer 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 one (1) year.
    (c) The commission shall not issue a liquor wholesaler's permit 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.
    (d) 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: Page 20, line 14; (06)MO002710.20. -->     Page 20, line 14, delete "It" and insert " Except as provided in subsection (c), it".
    Page 20, line 19, delete "It" and insert " Except as provided in subsection (c), it".
    Page 20, between lines 24 and 25, begin a new paragraph and insert:
    " (c) A purchaser of alcoholic beverages may ring up or otherwise record an alcoholic beverage sale by using a self-scanner in a:
        (1) package liquor store;
        (2) drug store; or
        (3) grocery store;
if a sales clerk checks the identification of the purchaser to ensure the purchaser is at least twenty-one (21) years of age.
".
    Page 21, line 5, delete "IC 7.1-3-21-3; IC 7.1-3-21-4;".
    Page 21, line 6, delete "IC 7.1-3-21-5; IC 7.1-3-21-5.2; IC 7.1-3-21-5.4;".
    Renumber all SECTIONS consecutively.
    (Reference is to ESB 27 as printed February 24, 2006.)



________________________________________

Representative Whetstone


MO002710/DI 110     2006