MADAM PRESIDENT:
I move
that Engrossed House Bill 1149 be amended to read as follows:
employment that is not covered by the license issued under
this section.
(5) The business posts the following signs in a clear and
conspicuous manner:
(A) Except as required in subdivision (2), at the entrance
to and in any room or area where smoking is allowed signs
in bold print that state:
"WARNING: Smoking is Permitted in this Area.
No person who is less than 18 years old may enter this
area".
(B) At the entrance to and in any room or area where
smoking is allowed and that is part of a tavern (as defined
by IC 4-36-2-18) or any other business that sells alcoholic
beverages and prohibits entry by individuals who are less
than twenty-one (21) years of age, signs in bold print that
state:
"WARNING: Smoking is Permitted in this Area.
No person who is less than 21 years old may enter this
area".
(C) At the entrance to and in any room or area where
smoking is not allowed signs in bold print that state:
"Smoking is PROHIBITED by State Law in this Area".
(6) The business pays the fee required under section 5.5 of this
chapter.
(7) The business provides any information required by the
commission.
(c) The commission may adopt rules under IC 4-22-2 to
administer this chapter.
(d) In addition to the penalty under sections 8, 9, and 9.5 of this
chapter, if the owner or operator of a business has been adjudged
to have committed at least three (3) prior unrelated infractions
under this chapter in a consecutive twelve (12) month period, the
commission may suspend or revoke the business's license issued
under this section.
(e) The commission shall issue a license to an owner or operator
of a business who:
(1) meets the requirements under subsection (b)(2) through
(b)(7); and
(2) does not have a suspended or revoked license under
subsection (d).
(f) Except as provided in section 5.5(c) of this chapter, a license
issued under this section expires one (1) year after the date of
issuance.
(g) If a business operates at more than one (1) location, a license
must be obtained for each location.
Sec. 5.5. (a) Except as provided in subsections (b) and (c), the
commission shall establish a sliding fee schedule based on the
annual occupancy of the business. The maximum annual fee may
not exceed ten thousand dollars ($10,000), and the minimum fee
may not be less than one thousand dollars ($1,000).
(b) The annual license fee for a bona fide veterans organization
(as defined by IC 4-32.2-2-11) is twenty-five dollars ($25).
(c) The fee for a daily license for a qualified organization (as
defined by IC 4-32.2-2-24) that conducts an allowable event (as
defined by IC 4-32.2-2-2) that is required to be licensed by the
Indiana gaming commission under IC 4-32.2 is twenty-five dollars
($25).".
Delete pages 3 through 4.
Page 5, delete lines 1 through 4.
Page 5, line 25, delete "Post" and insert " Except as provided in
section 5(b)(5) of this chapter, post".
Page 5, delete lines 32 through 35.
Page 6, between lines 16 and 17, begin a new paragraph and insert:
" Sec. 9.5. (a) An owner or operator who holds a license issued
under section 5 of this chapter and who fails to comply with a
requirement necessary for the license commits a Class B infraction,
except as provided in subsection (b).
(b) A failure to comply as described in subsection (a) is a Class
A infraction if the owner or operator has been adjudged to have
committed at least three (3) prior unrelated infractions under this
section.".
Page 7, line 10, delete "This" and insert " Subject to section 5, of
this chapter, this
Page 7, between lines 12 and 13, begin a new paragraph and insert:
" Sec. 13. The commission shall deposit all license fees collected
under this chapter as follows:
(1) Fifty percent (50%) of the fees collected into the
enforcement and administration fund established under
IC 7.1-4-10.
(2) Fifty percent (50%) of the fees collected into the Indiana
tobacco use prevention and cessation trust fund established by
IC 4-12-4-10.".
(Reference is to EHB 1149 as printed February 24, 2012.)