HB 1479-2_ Filed 02/12/2007, 11:29 Burton


Text Box


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    WITHDRAWN        Noes _______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


[

HOUSE MOTION ____

]

MR. SPEAKER:

    I move that House Bill 1479 be amended to read as follows:

SOURCE: Page 1, line 1; (07)MO147901.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 7.1-1-3-18.5; (07)MO147901.1. -->     "SECTION 1. IC 7.1-1-3-18.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: 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 4, line 13; (07)MO147901.4. -->     Page 4, between lines 13 and 14, begin a new paragraph and insert:
SOURCE: IC 7.1-3-5-2; (07)MO147901.4. -->     "SECTION 4. IC 7.1-3-5-2 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 2. (a) The commission may issue a beer dealer's permit only to an applicant who is the proprietor of a drug store, grocery store, or package liquor store.
    (b) The commission may issue a beer dealer's permit to an applicant that is a foreign corporation if:
        (1) the applicant is duly admitted to do business in Indiana;
        (2) the sale of beer is within the applicant's corporate powers; and
        (3) the applicant is otherwise qualified under this title.
    (c) The commission shall not issue a beer dealer's permit to a person who is disqualified under the special disqualifications. However, the special disqualification listed in IC 7.1-3-4-2(a)(13) shall not apply to an applicant for a beer dealer's permit.
    (d) Notwithstanding subsection (a), the commission may renew a beer dealer's permit for an applicant who:
        (1) held a permit before July 1, 1997; and
        (2) is the proprietor of a confectionery or a store that:
            (A) is not a drug store, grocery store, or package liquor store;
            (B) is in good repute; and
            (C) in the judgment of the commission, deals in merchandise that is not incompatible with the sale of beer.
    (e) The alcohol and tobacco commission may renew or transfer ownership of a beer dealer's permit for a beer dealer who:
        (1) held a beer dealer's permit issued for a grocery store before July 1, 2007; and
        (2) after June 30, 2007, does not qualify for a permit as a grocery store.
".
SOURCE: Page 6, line 30; (07)MO147901.6. -->     Page 6, between lines 30 and 31, begin a new paragraph and insert:
SOURCE: ; (07)MO147901.10. -->     "SECTION 10. [EFFECTIVE JULY 1, 2007] (a) The validity of a beer dealer's permit in effect on June 30, 2007, is not affected by IC 7.1-1-3-18.5, as added by this act.
    (b) This SECTION expires July 1, 2008.
".
    Renumber all SECTIONS consecutively.
    (Reference is to HB 1479 as printed February 9, 2007.)

________________________________________

Representative Burton


MO147901/DI 87     2007