HB 1479-8_ Filed 02/13/2007, 10:53 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    WITHDRAWN        Noes _______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)MO147904.1. -->     Page 1, between the enacting clause and line 1, begin a new paragraph and insert:
SOURCE: IC 7.1-3-1.5-1; (07)MO147904.1. -->     "SECTION 1. IC 7.1-3-1.5-1, AS ADDED BY P.L.161-2005, SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 1. As used in this chapter, "alcohol server" means the following:
        (1) a person who works on the licensed premises of a retailer permittee as a:
        (A) (1) manager;
        (B) (2) bartender; or
        (C) (3) waiter or a waitress.
        (2) A person who works on the licensed premises of a dealer permittee as a:
            (A) manager; or
            (B) sales clerk.
SOURCE: IC 7.1-3-1.5-8; (07)MO147904.2. -->     SECTION 2. IC 7.1-3-1.5-8, AS AMENDED BY P.L.165-2006, SECTION 13, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 8. (a) A trainer certificate issued under this chapter expires three (3) years after the date the trainer certificate was issued.
    (b) The commission shall notify a
        (1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and
        (2) retailer permittee at the time the retailer permittee renews a

permit described in section 4 of this chapter
of the renewal requirements for a trainer certificate under this chapter.

SOURCE: IC 7.1-3-1.5-13; (07)MO147904.3. -->     SECTION 3. IC 7.1-3-1.5-13, AS AMENDED BY P.L.165-2006, SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. (a) A retailer permittee or dealer permittee who operates an establishment where alcoholic beverages are served or sold must:
        (1) ensure that each alcohol server completes a program established or approved under section 6 of this chapter not later than one hundred twenty (120) days after the date the alcohol server begins employment at the establishment;
        (2) require each alcohol server to attend a refresher course that includes the dissemination of new information concerning the program subject areas described in section 6 of this chapter every three (3) years after the date the alcohol server completes a program; and
        (3) maintain training verification records of each alcohol server.
    (b) A retailer permittee a dealer permittee, or a management representative of a retailer or dealer permittee must complete a program established or approved under section 6 of this chapter:
        (1) not later than one hundred twenty (120) days after the date
            (A) the dealer permittee is issued a permit described in section 2 of this chapter; or
            (B) the retailer permittee is issued a permit described in section 4 of this chapter; and
        (2) every five (5) years after the date the retailer permittee dealer permittee, or management representative of the retailer or dealer permittee completes a program.
    (c) The commission shall notify a
        (1) dealer permittee at the time the dealer permittee renews a permit described in section 2 of this chapter; and
        (2) retailer permittee at the time the retailer permittee renews a permit described in section 4 of this chapter
of the requirements under subsections (a) and (b).
    (d) The commission may suspend or revoke a retailer permittee's or dealer permittee's permit or fine a retailer permittee or dealer permittee for noncompliance with this section in accordance with IC 7.1-3-23.".
SOURCE: Page 6, line 8; (07)MO147904.6. -->     Page 6, between lines 8 and 9, begin a new paragraph and insert:
SOURCE: IC 7.1-3-18-9; (07)MO147904.9. -->     "SECTION 9. IC 7.1-3-18-9, AS AMENDED BY P.L.165-2006, SECTION 26, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 9. (a) Except as provided in subsection (j), the commission may issue an employee's permit to a person who desires to act as:
        (1) a clerk in a package liquor store;
        (2) (1) an employee who serves wine at a farm winery; or
        (3) (2) a bartender, waiter, waitress, or manager in a retail

establishment. excepting dining car and boat employees.
    (b) A permit authorized by this section is conditioned upon the compliance by the holder with reasonable rules relating to the permit which the commission may prescribe from time to time.
    (c) A permit issued under this section entitles its holder to work for any lawful employer. However, a person may work without an employee's permit for thirty (30) days from the date shown on a receipt for a cashier's check or money order payable to the commission for that person's employee's permit application.
    (d) A person who, for a package liquor store or retail establishment, is:
        (1) the sole proprietor;
        (2) a partner, a general partner, or a limited partner in a partnership or limited partnership that owns the business establishment;
        (3) a member of a limited liability company that owns the business establishment; or
        (4) a stockholder in a corporation that owns the business establishment;
is not required to obtain an employee's permit in order to perform any of the acts listed in subsection (a).
    (e) An applicant may declare on the application form that the applicant will use the employee's permit only to perform volunteer service that benefits a nonprofit organization. It is unlawful for an applicant who makes a declaration under this subsection to use an employee's permit for any purpose other than to perform volunteer service that benefits a nonprofit organization.
    (f) The commission may not issue an employee's permit to an applicant while the applicant is serving a sentence for a conviction for operating while intoxicated, including any term of probation or parole.
    (g) The commission may not issue an employee's permit to an applicant who has two (2) unrelated convictions for operating while intoxicated if:
        (1) the first conviction occurred less than ten (10) years before the date of the applicant's application for the permit; and
        (2) the applicant completed the sentence for the second conviction, including any term of probation or parole, less than two (2) years before the date of the applicant's application for the permit.
    (h) If an applicant for an employee's permit has at least three (3) unrelated convictions for operating while intoxicated in the ten (10) years immediately preceding the date of the applicant's application for the permit, the commission may not grant the issuance of the permit. If, in the ten (10) years immediately preceding the date of the applicant's application the applicant has:
        (1) one (1) conviction for operating while intoxicated, and the

applicant is not subject to subsection (f); or
        (2) two (2) unrelated convictions for operating while intoxicated, and the applicant is not subject to subsection (f) or (g);
the commission may grant or deny the issuance of a permit.
    (i) The commission shall revoke a permit issued to an employee under this section if:
        (1) the employee is convicted of a Class B misdemeanor for violating IC 7.1-5-10-15(a); or
        (2) the employee is convicted of operating while intoxicated after the issuance of the permit.
The commission may revoke a permit issued to an employee under this section for any violation of this title or the rules adopted by the commission.
     (j) This section does not apply to a dining car, a boat, or an airline employee.".

SOURCE: Page 6, line 20; (07)MO147904.6. -->     Page 6, between lines 20 and 21, begin a new paragraph and insert:
SOURCE: IC 7.1-5-6-3; (07)MO147904.11. -->     "SECTION 11. IC 7.1-5-6-3 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 3. (a) It is unlawful for a person to act as a clerk in a package liquor store, or as a bartender, waiter, waitress, or manager for a retailer permittee in a position that is listed in IC 7.1-3-18-9(a) unless that person has applied for and been issued the appropriate an employee's permit. This section does not apply to dining car or boat employees or to a person described in IC 7.1-3-18-9(d).
    (b) It is a defense to a charge under this section if, within thirty (30) days after being cited by the commission, the person who was cited produces evidence that the appropriate permit was issued by the commission on the date of the citation.
    (c) It is a defense to a charge under this section for a new applicant for a permit if, within thirty (30) days after being cited by the commission, the new applicant who was cited produces a receipt for a cashier's check or money order showing that an application for the appropriate permit was applied for on the date of the citation.
     (d) It is a defense to a charge under this section that the person who was cited:
        (1) acted as a dining car, a boat, or an airline employee; or
        (2) is a person described in IC 7.1-3-18-9(d).

SOURCE: IC 7.1-5-7-11; (07)MO147904.12. -->     SECTION 12. IC 7.1-5-7-11, AS AMENDED BY P.L.224-2005, SECTION 33, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 11. (a) The provisions of sections 9 and 10 of this chapter shall not apply if the public place involved is one (1) of the following:
        (1) Civic center.
        (2) Convention center.
        (3) Sports arena.
        (4) Bowling center.
        (5) Bona fide club.
        (6) Drug store.
        (7) Grocery store.
        (8) Boat.
        (9) Dining car.
        (10) Pullman car.
        (11) Club car.
        (12) Passenger airplane.
        (13) Horse racetrack facility holding a recognized meeting permit under IC 4-31-5.
        (14) Satellite facility (as defined in IC 4-31-2-20.5).
        (15) Catering hall under IC 7.1-3-20-24 that is not open to the public.
        (16) That part of a hotel or restaurant which is separate from a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink.
        (17) Entertainment complex.
        (18) Indoor golf facility.
        (19) A recreational facility such as a golf course, bowling center, or similar facility that has the recreational activity and not the sale of food and beverages as the principal purpose or function of the person's business.
        (20) A licensed premises owned or operated by an educational institution of higher learning (as defined in IC 20-12-15-1).
        (21) An automobile racetrack.
         (22) Package liquor store.
    (b) For the purpose of this subsection, "food" means meals prepared on the licensed premises. It is lawful for a minor to be on licensed premises in a room in which is located a bar over which alcoholic beverages are sold or dispensed by the drink if all the following conditions are met:
        (1) The minor is eighteen (18) years of age or older.
        (2) The minor is in the company of a parent, guardian, or family member who is twenty-one (21) years of age or older.
        (3) The purpose for being on the licensed premises is the consumption of food and not the consumption of alcoholic beverages.
SOURCE: IC 7.1-5-7-13; (07)MO147904.13. -->     SECTION 13. IC 7.1-5-7-13, AS AMENDED BY P.L.161-2005, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2007]: Sec. 13. Section 12 of this chapter does not prohibit the following:
        (1) The employment of a person at least eighteen (18) years of age but less than twenty-one (21) years of age on or about licensed premises where alcoholic beverages are sold, furnished, or given away for consumption either on or off the licensed premises, for a purpose other than:
            (A) selling;
            (B) furnishing, other than serving;
            (C) consuming; or
            (D) otherwise dealing in;
        alcoholic beverages.
        (2) A person at least eighteen (18) years of age but less than twenty-one (21) years of age from ringing up a sale of alcoholic beverages in the course of the person's employment .
        (3) A person at least nineteen (19) years of age but less than twenty-one (21) years of age who:
            (A) has successfully completed an alcohol server training program certified under IC 7.1-3-1.5; and
            (B) serves alcoholic beverages in a dining area or family room of a restaurant or hotel:
                (i) in the course of a person's employment as a waiter, waitress, or server; and
                (ii) under the supervision of a person who is at least twenty-one (21) years of age, is present at the restaurant or hotel, and has successfully completed an alcohol server training program certified under IC 7.1-3-1.5 by the commission.
        This subdivision does not allow a person at least nineteen (19) years of age but less than twenty-one (21) years of age to be a bartender.".
SOURCE: Page 6, line 34; (07)MO147904.6. -->     Page 6, between lines 34 and 35, begin a new paragraph and insert:
SOURCE: IC 7.1-3-1.5-2; (07)MO147904.15. -->     "SECTION 15. IC 7.1-3-1.5-2 IS REPEALED [EFFECTIVE JULY 1, 2007]."
        Renumber all SECTIONS consecutively.
        (Reference is to HB 1479 as printed February 9, 2007.)

________________________________________

Representative Burton


MO147904/DI 87     2007