Introduced Version






HOUSE BILL No. 1368

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-3-22.

Synopsis: Beer dealer permits. Allows the alcohol and tobacco commission, without regard to the quota restrictions, to issue a beer dealer permit to a proprietor of a grocery store that: (1) owns at least 10 grocery stores; (2) employs at least 100 employees at the proprietor's grocery stores; (3) has annual gross revenue of at least $50,000,000 from sales at the proprietor's grocery stores; (4) owns a company that has been headquartered in Indiana for at least 10 years; and (5) meets the other requirements to be eligible for a beer dealer permit. Allows the alcohol and tobacco commission to issue a beer dealer permit for each of the proprietor's grocery stores.

Effective: July 1, 2011.





Soliday




    January 18, 2011, read first time and referred to Committee on Public Policy.







Introduced

First Regular Session 117th General Assembly (2011)


PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana Constitution) is being amended, the text of the existing provision will appear in this style type, additions will appear in this style type, and deletions will appear in this style type.
Additions: Whenever a new statutory provision is being enacted (or a new constitutional provision adopted), the text of the new provision will appear in this style type. Also, the word NEW will appear in that style type in the introductory clause of each SECTION that adds a new provision to the Indiana Code or the Indiana Constitution.
Conflict reconciliation: Text in a statute in this style type or this style type reconciles conflicts between statutes enacted by the 2010 Regular Session of the General Assembly.

HOUSE BILL No. 1368



    A BILL FOR AN ACT to amend the Indiana Code concerning alcohol and tobacco.

Be it enacted by the General Assembly of the State of Indiana:

SOURCE: IC 7.1-3-22-4; (11)IN1368.1.1. -->     SECTION 1. IC 7.1-3-22-4, AS AMENDED BY P.L.94-2008, SECTION 46, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in section 4.5 of this chapter, the commission may grant:
        (1) in an incorporated city or town that has a population of less than fifteen thousand one (15,001):
            (A) one (1) beer dealer's permit for each two thousand (2,000) persons, or a fraction thereof; or
            (B) two (2) beer dealer's permits;
        whichever is greater, within the incorporated city or town;
        (2) in an incorporated city or town that has a population of more than fifteen thousand (15,000) but less than eighty thousand (80,000):
            (A) one (1) beer dealer's permit for each three thousand five hundred (3,500) persons, or a fraction thereof; or
            (B) eight (8) beer dealer's permits;
        whichever is greater, within the incorporated city or town; and
        (3) in an incorporated city or town that has a population of at least eighty thousand (80,000):
            (A) one (1) beer dealer's permit for each six thousand (6,000) persons, or a fraction thereof; or
            (B) twenty-three (23) beer dealer's permits;
        whichever is greater, within the incorporated city or town.
    (b) The commission may grant:
        (1) in an incorporated city or town that has a population of less than fifteen thousand one (15,001):
            (A) one (1) liquor dealer's permit for each two thousand (2,000) persons, or a fraction thereof; or
            (B) two (2) liquor dealer's permit;
        whichever is greater, within the incorporated city or town;
        (2) in an incorporated city or town that has a population of more than fifteen thousand (15,000) but less than eighty thousand (80,000):
            (A) one (1) liquor dealer's permit for each three thousand five hundred (3,500) persons, or a fraction thereof; or
            (B) eight (8) liquor dealer's permits;
        whichever is greater, within the incorporated city or town; and
        (3) in an incorporated city or town that has a population of at least eighty thousand (80,000):
            (A) one (1) liquor dealer's permit for each six thousand (6,000) persons, or a fraction thereof; or
            (B) twenty-three (23) liquor dealer's permits;
        whichever is greater, within the incorporated city or town.
    (c) Except as provided in section 4.5 of this chapter, the commission may grant in an area in the county outside an incorporated city or town:
        (1) one (1) beer dealer's permit for each two thousand five hundred (2,500) persons, or a fraction thereof, or two (2) beer dealer's permits, whichever is greater; and
        (2) one (1) liquor dealer's permits for each two thousand five hundred (2,500) persons, or a fraction thereof, or two (2) liquor dealer's permits, whichever is greater;
within the area in a county outside an incorporated city or town.
    (d) Notwithstanding subsections (a), (b), and (c), the commission may renew or transfer a beer dealer's or liquor dealer's permit for a beer dealer or liquor dealer that:
        (1) held a permit before July 1, 2008; and
        (2) does not qualify for a permit under the quota restrictions set forth in subsection (a), (b), or (c).
    (e) Notwithstanding subsection (a) or (c), the commission may grant not more than two (2) new beer dealer's permits or five percent (5%) of the total beer dealer permits established under the quota restrictions set forth in subsection (a) or (c), whichever is greater, for each of the following:
        (1) An incorporated city or town that does not qualify for any new beer dealer's permits under the quota restrictions set forth in subsection (a).
        (2) An area in a county outside an incorporated city or town that does not qualify for any new beer dealer's permits under the quota restrictions set forth in subsection (c).
    (f) Notwithstanding subsection (b) or (c), the commission may grant not more than two (2) new liquor dealer's permits or five percent (5%) of the total liquor dealer permits established under the quota restrictions set forth in subsection (b) or (c), whichever is greater, for each of the following:
        (1) An incorporated city or town that does not qualify for any new liquor dealer's permits under the quota restrictions set forth in subsection (b).
        (2) An area in a county outside an incorporated city or town that does not qualify for any new liquor dealer's permits under the quota restrictions set forth in subsection (c).
SOURCE: IC 7.1-3-22-4.5; (11)IN1368.1.2. -->     SECTION 2. IC 7.1-3-22-4.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4.5. (a) The commission may issue a beer dealer permit to a proprietor of a grocery store if the proprietor meets all of the following requirements:
        (1) Owns at least ten (10) grocery stores.
        (2) Employs at least one hundred (100) employees at the proprietor's grocery stores.
        (3) Has annual gross revenue of at least fifty million dollars ($50,000,000) from sales at the proprietor's grocery stores.
        (4) Owns a company that has been headquartered in Indiana for at least ten (10) years.
        (5) Meets the other requirements to be eligible for a beer dealer permit under this title.
    (b) The commission may issue a beer dealer permit under this section for each of the proprietor's grocery store locations.

     (c) A permit authorized under this section may be issued without regard to the quota provisions in section 4 of this chapter.
    (d) A permit issued under this section may not be transferred to another location.