SB 112-12_ Filed 02/07/2011, 11:03 Merritt

SENATE MOTION


MADAM PRESIDENT:

    I move
that Senate Bill 112 be amended to read as follows:

SOURCE: Page 1, line 1; (11)MO011216.1. -->     Page 1, delete lines 1 through 17, begin a new paragraph and insert:
SOURCE: IC 7.1-3-3-5.5; (11)MO011216.1. -->     "SECTION 1. IC 7.1-3-3-5.5 IS ADDED TO THE INDIANA CODE AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 5.5. (a) This section applies only to a beer wholesaler that also holds a wine wholesaler permit.
     (b) Notwithstanding any other provision of this title, a beer wholesaler may:
        (1) purchase and import liquor from a primary source of supply; and
        (2) possess liquor and sell liquor at wholesale;
if the primary source of supply or any subsidiary or affiliate of the primary source of supply for liquor has been a primary source of supply for wine to the wholesaler for at least five (5) consecutive years immediately preceding the selling of liquor to the wholesaler and if the brands of liquor to be purchased, imported, sold, or possessed by the beer wholesaler previously had not been in distribution in Indiana by a liquor wholesaler.

     (c) A beer wholesaler that wholesales liquor under this section may not:
        (1) be required by the commission to apply for or maintain a liquor wholesaler permit; or
        (2) keep or store liquor at a place other than the premises described in the application and permit for the beer wholesaler's permit.

     (d) A beer wholesaler to whom this section applies is subject to IC 7.1-3-8-3 and any other law or rule of the commission applicable to the holder of a liquor wholesaler permit as to the beer wholesaler's sale of liquor, to the extent the law or rule does not conflict with this section.
SOURCE: IC 7.1-4-4.1-13; (11)MO011216.2. -->     SECTION 2. IC 7.1-4-4.1-13, AS AMENDED BY P.L.165-2006,

SECTION 35, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 13. (a) This section applies to the following permits:
        (1) Beer wholesaler's permit.
        (2) Malt wholesaler's permit.
        (3) Liquor wholesaler's permit.
        (4) Wine wholesaler's permit.
    (b) Except as provided in subsection subsections (c) and (d), a permit fee of two thousand dollars ($2,000) is annually imposed for the issuance of each of the permits described in subsection (a).
    (c) A permit fee of one hundred dollars ($100) is annually imposed for the issuance of a wine wholesaler's permit to a permit applicant who:
        (1) has never previously held a wine wholesaler's permit and anticipates selling less than twelve thousand (12,000) gallons of wine and brandy in a year; or
        (2) previously held a wine wholesaler's permit and certifies to the commission that the permit applicant sold less than twelve thousand (12,000) gallons of wine and brandy in the previous year.
     (d) A permit fee of four thousand dollars ($4,000) is annually imposed for the issuance of a beer wholesaler's permit for a beer wholesaler selling liquor under IC 7.1-3-3-5.5.".
    Delete page 2.

SOURCE: Page 3, line 1; (11)MO011216.3. -->     Page 3, delete lines 1 through 26.
    Page 3, line 30, delete "It" and insert " Except as provided in subsection (b), it".
    Page 3, line 31, reset in roman "or beer wholesaler's".
    Page 3, delete lines 33 through 35, begin a new paragraph and insert:
    " (b) This section does not prohibit the holder of a beer wholesaler's permit from wholesaling liquor under IC 7.1-3-3-5.5.".
    Page 3, delete lines 36 through 42, begin a new paragraph and insert:
SOURCE: IC 7.1-5-9-4; (11)MO011216.4. -->     "SECTION 4. IC 7.1-5-9-4 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 4. (a) Except as provided in IC 7.1-3-3-4 and subsection (b), an applicant for a beer wholesaler's permit shall have no interest in the following:
        (1) A permit to manufacture or to sell at retail alcoholic beverages of any kind.
        (2) Any other permit to wholesale alcoholic beverages.
        (3) Through stock ownership or otherwise, a partnership, limited liability company, or corporation that holds:
            (A) a permit to manufacture or to sell at retail alcoholic beverages of any kind; or
            (B) any other permit to wholesale alcoholic beverages of any

kind.
     (b) This section does not prohibit the holder of a beer wholesaler's permit from wholesaling liquor under IC 7.1-3-3-5.5.

SOURCE: IC 7.1-5-9-6; (11)MO011216.5. -->     SECTION 5. IC 7.1-5-9-6 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 6. Liquor Permittee's Interests Limited. (a) Except as provided in subsection (b), it is unlawful for the holder of a distiller's, rectifier's, or liquor wholesaler's permit to have an interest in a beer permit of any type under this title.
    (b) This section does not prohibit the holder of a beer wholesaler's permit from wholesaling liquor under IC 7.1-3-3-5.5.
".
    Delete page 4.
    Renumber all SECTIONS consecutively.
    (Reference is to SB 112 as printed January 21, 2011.)

________________________________________

Senator MERRITT


MO011216/DI 87
2011