YES:
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:
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.