HB 1392-1_ Filed 02/12/2007, 18:10
Adopted 2/13/2007


Text Box

Adopted Rejected


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COMMITTEE REPORT


                                                        YES:

7

                                                        NO:
0

MR. SPEAKER:
    Your Committee on       Public Policy     , to which was referred       House Bill 1392     , has had the same under consideration and begs leave to report the same back to the House with the recommendation that said bill be amended as follows:

SOURCE: Page 3, line 32; (07)AM139205.3. -->     Page 3, line 32, strike "section" and insert " subsection".
    Page 4, line 18, strike "retailers'" and insert " retailer's".
    Page 4, delete lines 29 through 42, begin a new paragraph and insert:
     "(j) After May 31, 2007, the commission may issue not more than five (5) three-way permits for the sale of alcoholic beverages for on premises consumption to an applicant who will locate as the proprietor, as owner or lessee, or both, of a restaurant within an economic development area under IC 36-7-14 in a town with a population of more than twenty thousand (20,000) located in a county having a population of more than ninety thousand (90,000) but less than one hundred thousand (100,000). A permit issued under this subsection may not be issued to a tavern. For purposes of this subsection, "tavern" means a permit premises that meets

the definition of restaurant under IC 7.1-3-20-9, but is used primarily for the serving of alcoholic beverages by the drink to the general public, and where food service is secondary to the primary use in the amount of sales and the service area where minors are not permitted. A permit issued under this subsection may not be transferred to a location outside the economic development area. If the commission issues five (5) new permits under this subsection and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed five (5) at any time. The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial license under this subsection is thirty-five thousand dollars ($35,000), and the renewal fee for a license under this subsection is one thousand three hundred fifty dollars ($1,350). If, after the 2010 decennial census, the town is authorized by the quota provisions of IC 7.1-3-22 to receive additional three-way permits, any three-way permits issued under this subsection shall be subtracted from any additional three-way permits that the town may be authorized to receive by the quota provisions.
     (k) After June 30, 2007, the commission may issue not more than ten (10) new three-way, two-way, or one-way permits to sell alcoholic beverages for on-premises consumption to applicants, each of whom must be the proprietor, as owner or lessee, or both, of a restaurant located within:
        (1) a town:
            (A) that:
                (i) has a population of more than twenty-four thousand eight hundred (24,800) but less than thirty thousand (30,000); and
                (ii) contains a part of a state nature preserve that is also a National Natural Landmark and is between four hundred (400) and six hundred (600) acres in area; and
            (B) that has a downtown area with:
                (i) a boundary along the Old Lincoln Highway; and
                (ii) boundaries further defined by the town legislative

body;
        (2) an economic development area, an area needing redevelopment, or a redevelopment district under IC 36-7-14 and whose proposed permit premises are located in an area that:
            (A) consists of total of at least twenty-five (25) contiguous or nearly contiguous acres of property dedicated solely to a new commercial development;
            (B) is within three thousand (3,000) feet from the north boundary of the town; and
            (C) is adjacent to a state or federal highway that runs in a northerly and southerly direction.
The commission may issue not more than eight (8) permits to applicants who are eligible to hold a permit under subdivision (2); however, not more than four (4) permits may be issued within the same commercial development. The commission may issue not more than one (1) permit to an applicant whose proposed permit premises are located within the downtown area of the town described in subdivision (1)(B).The commission may issue not more than one (1) additional permit to an applicant whose permit premises is located within the downtown area of the town described in subdivision (1)(B), or an area described in subdivision (2); however, the town legislative body must support the issuance of the permit at the proposed location. A permit issued under this subsection may not be issued to a tavern. For purposes of this subsection, "tavern" means a permit premises that meets the definition of restaurant under IC 7.1-3-20-9, but is used primarily for the serving of alcoholic beverages by the drink to the general public, and where food service is secondary to the primary use in the amount of sales and the service area where minors are not permitted. The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial license under this subsection is thirty-five thousand dollars ($35,000). A permit issued under this subsection to premises within the downtown area of the town may not be transferred to a location outside the downtown area. A permit issued under this subsection to an area described in

subdivision (2) may not be transferred to a location outside the area described in subdivision (2). If the commission issues ten (10) new permits under this subsection and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed ten (10) at any time. If, after the 2010 decennial census, the town is authorized by the quota provisions of IC 7.1-3-22 to receive additional three-way permits, any three-way permits issued under this section shall be subtracted from any additional three-way permits that the town may be authorized to receive by the quota provisions. A permit may not be issued if the proposed permit premises is the location of an existing three-way permit subject to IC 7.1-3-22-3..
     (l) After June 30, 2007, the commission may issue a total of not more than ten (10) new three-way permits to sell alcoholic beverages for on premises consumption only to an applicant who is the proprietor, as owner or lessee, or both, of a restaurant located within a redevelopment project area located within the central area of a city with a population of more than thirty-seven thousand seven hundred (37,700) but less than thirty-eight thousand (38,000). A permit may be issued under this subsection to premises within a redevelopment project area that meets one (1) of the following requirements:
        (1) The redevelopment project area consists of an area that:
            (A) is generally located in a former commercial area that once had located within it a building formerly used as a grocery store;
            (B) has been redeveloped or renovated or is in the process of being redeveloped or renovated to include performing arts areas and hotel areas;
            (C) is a city center, where a former historic railway that once passed through the center has been converted to a linear park; and
            (D) has been redeveloped or renovated or is in the process of being redeveloped or renovated, with the redevelopment or renovation being funded in part with grants or investments by a city redevelopment commission established under IC 36-7-14.


        (2) The redevelopment project area consists of an area that:
             (A) is generally located in an area:
                (i) that was formerly the commerce center of a once rural farming community;
                (ii) that was founded, at least in part, by Quaker residents;
                (iii) where a historic railway depot was built; and
                (iv) where an early residence exists that was built about 1848 or earlier;
            (B) has been redeveloped or renovated or is in the process of being redeveloped or renovated to include art galleries, design centers, urban structures, and outdoor public art consisting in part of bronze sculptures;
            (C) is adjacent to or nearby a former historic railway line that has been converted to a linear park;
            (D) includes one (1) of the world's smallest children's art galleries, an original Carnegie Library building, and the community's early fire station; and

             (E) has been redeveloped or renovated, or is in the process of being redeveloped or renovated, with the redevelopment or renovation being funded in part with grants or investments by a city redevelopment commission established under IC 36-7-14.
A permit issued under this subsection may not be issued to a tavern. For purposes of this subsection, "tavern" means a permit premises that meets the definition of restaurant under IC 7.1-3-20-9, but is used primarily for the serving of alcoholic beverages by the drink to the general public, and where food service is secondary to the primary use in the amount of sales and the service area where minors are not permitted. A permit issued under this subsection may not be transferred to a location outside the redevelopment project area. If the commission issues ten (10) permits under this subsection, and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit as long as the total number of active permits issued under this subsection does not exceed ten (10) at any time. The commission shall conduct an auction of the permits under IC 7.1-3-22-9, except that the auction may be conducted at

any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial license under this subsection is thirty-five thousand dollars ($35,000). If, after the 2010 decennial census, the city is authorized by the quota provisions of IC 7.1-3-22 to receive additional three-way permits, any three-way permits issued under this section shall be subtracted from any additional three-way permits that the city may be authorized to receive by the quota provisions.
     (m) After May 1, 2007, the commission may issue not more than ten (10) new three-way, two-way, or one-way permits to sell alcoholic beverages for on-premises and off-premises consumption to applicants, each of whom must be the proprietor, as owner or lessee, or both, of a restaurant located within a district, or not more than one thousand five hundred (1,500) feet of a district, that meets the following requirements:
        (1) The district is located in a city with a population of more than forty-six thousand five hundred (46,500) but less than fifty thousand (50,000).

         (2) A toll road is located in the district.
        (3) The one thousand five hundred (1,500) feet of property surrounding the toll road includes significant acres of undeveloped land available in the area that may be used for regional economic development activity.
A permit issued under this subsection may not be issued to a tavern. For purposes of this subsection, "tavern" means a permit premises that meets the definition of restaurant under IC 7.1-3-20-9, but is used primarily for the serving of alcoholic beverages by the drink to the general public, and where food service is secondary to the primary use in the amount of sales and the service area where minors are not permitted. A permit issued under this subsection may not be transferred to a location outside the district, or the area that is not more than one thousand five hundred (1,500) feet from the district. If the commission issues ten (10) new permits under this subsection and a permit issued under this subsection is later revoked or is not renewed, the commission may issue another new permit, as long as the total number of active permits issued under this subsection does not exceed ten (10) at any time.
The commission shall conduct an auction of the permits

under IC 7.1-3-22-9, except that the auction may be conducted at any time as determined by the commission. Notwithstanding any other law, the minimum bid for an initial license under this subsection is thirty-five thousand dollars ($35,000). If, after the 2010 decennial census, the city is authorized by the quota provisions of IC 7.1-3-22 to receive additional three-way permits, any three-way permits issued under this section shall be subtracted from any additional three-way permits that the city may be authorized to receive by the quota provisions.".
    Delete page 5.
    (Reference is to HB 1392 as introduced.)

and when so amended that said bill do pass.

__________________________________

Representative Van Haaften


AM139205/DI 110    2007