Introduced Version






HOUSE BILL No. 1131

_____


DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-2-3-16.5; IC 7.1-3.

Synopsis: Sunday sales of alcoholic beverages for carryout. Provides that a holder of an alcoholic beverage permit who is authorized by law to sell alcoholic beverages for carryout may sell carryout on Sunday.

Effective: July 1, 2012.





Eberhart




    January 9, 2012, read first time and referred to Committee on Public Policy.







Introduced

Second Regular Session 117th General Assembly (2012)


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.
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HOUSE BILL No. 1131



    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 7.1-2-3-16.5; (12)IN1131.1.1. -->     SECTION 1. IC 7.1-2-3-16.5, AS AMENDED BY P.L.15-2011, SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 16.5. (a) As used in this section, "facility" includes the following:
        (1) A facility to which IC 7.1-3-1-25(a) applies.
        (2) A tract that contains a premises that is described in IC 7.1-3-1-14(c)(2). IC 7.1-3-1-14(d)(2).
        (3) A horse track or satellite facility to which IC 7.1-3-17.7 applies.
        (4) A riverboat or racetrack to which IC 7.1-3-17.5 applies.
        (5) A tract that contains an entertainment complex.
    (b) As used in this section, "tract" has the meaning set forth in IC 6-1.1-1-22.5.
    (c) A facility may advertise alcoholic beverages:
        (1) in the facility's interior; or
        (2) on the facility's exterior.
    (d) The commission may not exercise the prohibition power

contained in section 16(a) of this chapter on advertising by a brewer, distiller, rectifier, or vintner in or on a facility.
    (e) Notwithstanding IC 7.1-5-5-10 and IC 7.1-5-5-11, a facility may provide advertising to a permittee that is a brewer, distiller, rectifier, or vintner in exchange for compensation from that permittee.

SOURCE: IC 7.1-3-1-14; (12)IN1131.1.2. -->     SECTION 2. IC 7.1-3-1-14, AS AMENDED BY P.L.10-2010, SECTION 4, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 14. (a) It is lawful for an appropriate permittee, unless otherwise specifically provided in this title, to sell alcoholic beverages each day Monday through Saturday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day. Sales shall cease wholly on Sunday at 3 a.m., prevailing local time, and not be resumed until the following Monday at 7 a.m., prevailing local time.
    (b) It is lawful for the holder of a retailer's permit to sell the appropriate alcoholic beverages for consumption on the licensed premises only on Sunday from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day.
     (c) A holder of an alcoholic beverage permit who is authorized under this title to sell alcoholic beverages for carryout may sell the appropriate alcoholic beverages on Sunday for carryout from 7 a.m., prevailing local time, until 3 a.m., prevailing local time, the following day.
    (c) (d) It is lawful for the holder of a permit under this article to sell alcoholic beverages at athletic or sports events held on Sunday upon premises that:
        (1) are described in section 25(a) of this chapter;
        (2) are a facility used in connection with the operation of a paved track more than two (2) miles in length that is used primarily in the sport of auto racing; or
        (3) are being used for a professional or an amateur tournament;
beginning one (1) hour before the scheduled starting time of the event or, if the scheduled starting time of the event is 1 p.m. or later, beginning at noon.
    (d) (e) It is lawful for the holder of a valid beer, wine, or liquor wholesaler's permit to sell to the holder of a valid retailer's or dealer's permit at any time.
SOURCE: IC 7.1-3-9-12; (12)IN1131.1.3. -->     SECTION 3. IC 7.1-3-9-12 IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 12. (a) This section applies to:
        (1) the holder of a three-way permit that is issued to a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is

described in IC 7.1-3-1-14(c)(2), IC 7.1-3-1-14(d)(2), or a convention center; or
        (2) the holder of a catering permit while catering alcoholic beverages at a civic center, a sports arena, a stadium, an exhibition hall, an auditorium, a theater, a tract that contains a premises that is described in IC 7.1-3-1-14(c)(2), IC 7.1-3-1-14(d)(2), or a convention center.
    (b) As used in this section, "suite" means an area in a building or facility referred to in subsection (a) that:
        (1) is not accessible to the general public;
        (2) has accommodations for not more than seventy-five (75) persons per suite; and
        (3) is accessible only to persons who possess a ticket:
            (A) to an event in a building or facility referred to in subsection (a); and
            (B) that entitles the person to occupy the area while viewing the event described in clause (A).
The term does not include a restaurant, lounge, or concession area, even if access to the restaurant, lounge, or concession area is limited to certain ticket holders.
    (c) A permittee may allow the self-service of individual servings of alcoholic beverages in a suite.
    (d) A person who:
        (1) possesses a ticket described in subsection (b)(3); and
        (2) is at least twenty-one (21) years of age;
may obtain an alcoholic beverage in a suite by self-service.
    (e) A permittee may do any of the following:
        (1) Demand that a person occupying a suite provide:
            (A) a written statement under IC 7.1-5-7-4; and
            (B) identification indicating that the person is at least twenty-one (21) years of age.
        (2) Supervise the self-service of alcoholic beverages.
        (3) Have an employee in the suite who holds an employee permit under IC 7.1-3-18-9 to serve some or all of the alcoholic beverages.