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)
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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.