Introduced Version






HOUSE BILL No. 1354

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DIGEST OF INTRODUCED BILL



Citations Affected: IC 7.1-3-2-7.

Synopsis: Small breweries. Allows small brewers to participate in a trade show or an exposition at which products of each small brewer participant are displayed, promoted, and sold. Provides that the approval of the alcohol and tobacco commission is required for a small brewer to participate and each small brewer's participation is limited to not more than 45 days in a calendar year. Allows a small brewer to sell the brewery's beer to consumers for carryout by means of a glass container or can at a farmers' market that is operated on a nonprofit basis.

Effective: July 1, 2012.





Sullivan, DeLaney, Clere




    January 11, 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. 1354



    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 7.1-3-2-7; (12)IN1354.1.1. -->     SECTION 1. IC 7.1-3-2-7, AS AMENDED BY P.L.186-2011, SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE JULY 1, 2012]: Sec. 7. The holder of a brewer's permit or an out-of-state brewer holding either a primary source of supply permit or an out-of-state brewer's permit may do the following:
        (1) Manufacture beer.
        (2) Place beer in containers or bottles.
        (3) Transport beer.
        (4) Sell and deliver beer to a person holding a beer wholesaler's permit issued under IC 7.1-3-3.
        (5) If the brewer's brewery manufactures not more than thirty thousand (30,000) barrels of beer in a calendar year, do the following:
            (A) Sell and deliver beer to a person holding a retailer or a dealer permit under this title.
            (B) Be the proprietor of a restaurant.
            (C) Hold a beer retailer's permit, a wine retailer's permit, or a

liquor retailer's permit for a restaurant established under clause (B).
            (D) Transfer beer directly from the brewery to the restaurant by means of:
                (i) bulk containers; or
                (ii) a continuous flow system.
            (E) Install a window between the brewery and an adjacent restaurant that allows the public and the permittee to view both premises.
            (F) Install a doorway or other opening between the brewery and an adjacent restaurant that provides the public and the permittee with access to both premises.
            (G) Sell the brewery's beer by the glass for consumption on the premises. Brewers permitted to sell beer by the glass under this clause must furnish the minimum food requirements prescribed by the commission.
            (H) Sell and deliver beer to a consumer at the permit premises of the brewer or at the residence of the consumer. The delivery to a consumer may be made only in a quantity at any one (1) time of not more than one-half (1/2) barrel, but the beer may be contained in bottles or other permissible containers.
            (I) Sell the brewery's beer as authorized by this section for carryout on Sunday in a quantity at any one (1) time of not more than five hundred seventy-six (576) ounces. A brewer's beer may be sold under this clause only at the address for which the brewer's permit was issued under this chapter.
             (J) With the approval of the commission, individually or with other brewers subject to this clause, participate in a trade show or an exposition at which products of each brewer participant are displayed, promoted, and sold. The commission may not grant approval under this clause to a brewer for more than forty-five (45) days in a calendar year.
             (K) Sell the brewery's beer to consumers for carryout by means of a glass container or can at a farmers' market that is operated on a nonprofit basis.
        (6) If the brewer's brewery manufactures more than thirty thousand (30,000) barrels of beer in a calendar year, own a portion of the corporate stock of another brewery that:
            (A) is located in the same county as the brewer's brewery;
            (B) manufactures less than thirty thousand (30,000) barrels of beer in a calendar year; and


            (C) is the proprietor of a restaurant that operates under subdivision (5).
        (7) Provide complimentary samples of beer that are:
            (A) produced by the brewer; and
            (B) offered to consumers for consumption on the brewer's premises.
        (8) Own a portion of the corporate stock of a sports corporation that:
            (A) manages a minor league baseball stadium located in the same county as the brewer's brewery; and
            (B) holds a beer retailer's permit, a wine retailer's permit, or a liquor retailer's permit for a restaurant located in that stadium.
        (9) For beer described in IC 7.1-1-2-3(a)(4):
            (A) may allow transportation to and consumption of the beer on the licensed premises; and
            (B) may not sell, offer to sell, or allow sale of the beer on the licensed premises.