First Regular Session 117th General Assembly (2011)
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SENATE ENROLLED ACT No. 78
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 7.1-3-20-8.6; (11)SE0078.1.1. -->
SECTION 1. IC 7.1-3-20-8.6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2011]: Sec. 8.6. (a) The holder of
a club permit may do the following:
(1) Designate one (1) day as "guest day" or "guest days":
(A) three (3) or fewer days in each a month; as "guest day"
or
(B) nine (9) or fewer consecutive days in a quarter.
(2) Keep a record of all designated guest days.
(3) Invite guests who are not members of the club to attend the
club on a guest day.
(4) Sell or give alcoholic beverages to guests for consumption on
the permit premises on a guest day.
(5) Keep a guest book listing members and their nonmember
guests, except on a designated guest day.
(b) This subsection applies to a club that furnishes alcoholic
beverages on not more than two (2) days in each week.
Notwithstanding subsection (a)(1), the holder of a club permit to which
this subsection applies may designate twenty-four (24) guest days in
each calendar year rather than one (1) guest day in each month.
SOURCE: IC 7.1-5-7-16; (11)SE0078.1.2. -->
SECTION 2. IC 7.1-5-7-16, AS ADDED BY P.L.94-2008,
SECTION 52, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 16. The commission shall conduct random
unannounced inspections at locations where alcoholic beverages are
sold or distributed to ensure compliance with this title. Only the
commission an Indiana law enforcement agency, the office of the
sheriff of a county, or an organized police department of a municipal
corporation may conduct the random unannounced inspections. These
entities The commission may use retired or off duty law enforcement
officers to conduct inspections under this section.
SOURCE: IC 7.1-5-10-23; (11)SE0078.1.3. -->
SECTION 3. IC 7.1-5-10-23, AS ADDED BY P.L.10-2010,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2011]: Sec. 23. (a) It is a Class B misdemeanor for a permittee
or an employee or agent of a permittee to recklessly, knowingly, or
intentionally sell, barter, exchange, provide, or furnish another person
who is or reasonably appears to be less than forty (40) years of age
an alcoholic beverage for consumption off the licensed premises
without first requiring the person to produce:
(1) a driver's license;
(2) an identification card issued under IC 9-24-16-1 or a similar
card issued under the laws of another state or the federal
government; or
(3) a government issued document;
bearing the person's photograph and birth date showing that the person
is at least twenty-one (21) years of age.
(b) In a criminal or administrative proceeding, it is a defense to a
charge under this section that the individual to whom the permittee or
employee or agent of the permittee sold, bartered, exchanged, provided,
or furnished alcoholic beverages for consumption off the licensed
premises was or reasonably appeared to be more than fifty (50) years
of age.
SOURCE: ; (11)SE0078.1.4. -->
SECTION 4. [EFFECTIVE JULY 1, 2011]
(a) The general
assembly urges the legislative council to assign to an existing study
committee the topic of which state agency should have authority to
control dangerous alcohol products.
(b) If the topic of which state agency should have authority to
control dangerous alcohol products is assigned to an existing study
committee under subsection (a), the study committee shall issue a
final report to the legislative council containing the study
committee's finding and recommendations, including any
recommended legislation concerning the topic, not later than
November 1, 2011.
(c) This SECTION expires December 31, 2011.
SEA 78 _ CC 1
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