HB 1479-2_ Filed 02/12/2007, 11:29 Burton
PREVAILED Roll Call No. _______
FAILED Ayes _______
WITHDRAWN Noes _______
RULED OUT OF ORDER
HOUSE MOTION ____
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
(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
(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
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.)
MO147901/DI 87 2007