Second Regular Session 115th General Assembly (2008)
PRINTING CODE. Amendments: Whenever an existing statute (or a section of the Indiana
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HOUSE ENROLLED ACT No. 1118
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 4-33-19-6; (08)HE1118.1.1. -->
SECTION 1. IC 4-33-19-6, AS ADDED BY P.L.227-2007,
SECTION 47, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. The division shall, on behalf of the department
of state revenue or the alcohol and tobacco commission, conduct a
license revocation action against a licensed entity for any revocation
action authorized by any of the following statutes:
(1) IC 6-2.5-8-7(g).
(2) IC 7.1-3-18.5-5(c). IC 7.1-3-18.5.
(3) IC 7.1-3-23-2(b).
(4) IC 7.1-3-23-5 with respect to a violation of IC 35-45-5-3,
IC 35-45-5-3.5, or IC 35-45-5-4.
SOURCE: IC 7.1-1-3-5.5; (08)HE1118.1.2. -->
SECTION 2. IC 7.1-1-3-5.5 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 5.5. "Applicant", for purposes of IC 7.1-3-18.5,
means a person who applies for a tobacco sales certificate.
SOURCE: IC 7.1-1-3-18.5; (08)HE1118.1.3. -->
SECTION 3. IC 7.1-1-3-18.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 18.5. (a) "Grocery store" means
a store or part of a store that is known generally as:
(1) a supermarket, grocery store, or delicatessen and is
primarily engaged in the retail sale of a general food line,
which may include:
(A) canned and frozen foods;
(B) fresh fruits and vegetables; and
(C) fresh and prepared meats, fish, and poultry;
(2) subject to subsection (b), a convenience store or food mart
and is primarily engaged in:
(A) the retail sale of a line of goods that may include milk,
bread, soda, and snacks; or
(B) the retail sale of automotive fuels and the retail sale of
a line of goods that may include milk, bread, soda, and
snacks;
(3) a warehouse club, superstore, supercenter, or general
merchandise store and is primarily engaged in the retail sale
of a general line of groceries or gourmet foods in combination
with general lines of new merchandise, which may include
apparel, furniture, and appliances; or
(4) a specialty or gourmet food store primarily engaged in the
retail sale of miscellaneous specialty foods not for immediate
consumption and not made on the premises, not including:
(A) meat, fish, and seafood;
(B) fruits and vegetables;
(C) confections, nuts, and popcorn; and
(D) baked goods.
(b) The term includes a convenience store or food mart as
described in subsection (a)(2) only if the sale of alcoholic beverages
on the premises of the convenient store or food mart represents a
percentage of annual gross sales of twenty-five percent (25%) or
less of all items sold on the premises, excluding gasoline and
automotive oil products.
(c) The term does not include an establishment known generally
as a gas station that is primarily engaged in:
(1) the retail sale of automotive fuels, which may include
diesel fuel, gasohol, or gasoline; or
(2) the retail sale of automotive fuels, which may include
diesel fuel, gasohol, or gasoline and activities that may include
providing repair service, selling automotive oils, replacement
parts, and accessories, or providing food services.
SOURCE: IC 7.1-2-2-8; (08)HE1118.1.4. -->
SECTION 4. IC 7.1-2-2-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8. (a) The commission
may employ qualified individuals to serve as enforcement officers of
the commission.
(b) Enforcement officers shall be employed so that not more than
one-half (1/2) the number of enforcement officers are members of the
same political party.
(c) (b) The superintendent of the enforcement officers must have
had at least ten (10) years experience as an active law enforcement
officer, at least five (5) years of which must have been in a
management capacity.
(d) (c) The commission shall issue to an enforcement officer a
certificate of employment under the seal of the commission. The courts
of this state shall take judicial notice of a certificate of employment.
SOURCE: IC 7.1-2-3-10; (08)HE1118.1.5. -->
SECTION 5. IC 7.1-2-3-10, AS AMENDED BY P.L.227-2007,
SECTION 60, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 10. (a) The commission shall have the power to
investigate the violation of a provision of this title and of the rules and
regulations of the commission and to report its findings to the
prosecuting attorney or the grand jury of the county in which the
violation occurred, or to the attorney general.
(b) The commission shall enter a memorandum of understanding
with the Indiana gaming commission authorizing the commission's
unlawful gaming enforcement division to conduct revocation actions
resulting from suspected violations of IC 35-45-5-3, IC 35-45-5-3.5, or
IC 35-45-5-4 as authorized by the following statutes:
(1) IC 7.1-3-18.5-5(c). IC 7.1-3-18.5.
(2) IC 7.1-3-23-2(b).
(3) IC 7.1-3-23-5.
(c) A memorandum of understanding entered into under this section
must comply with the requirements of IC 4-33-19-8.
(d) The memorandum of understanding required by this section
must be entered into before January 1, 2008.
SOURCE: IC 7.1-2-4-13.5; (08)HE1118.1.6. -->
SECTION 6. IC 7.1-2-4-13.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 13.5. (a) This section does not
apply to a designated member of the local board who is an
employee or officer of the commission.
(b) A local board member shall complete a training program
conducted by the commission. A local board member may not be
required to take a test or an examination or pay a fee in order to
complete the training program.
(c) The training program must include training on all the
following subjects:
(1) An overview of Indiana alcoholic beverage law and
enforcement.
(2) Duties and responsibilities of the board concerning new
permit applications, permit transfers, and renewal of existing
permits.
(3) The open door law (IC 5-14-1.5) and the public records
law (IC 5-14-3).
(4) Notice and hearing requirements.
(5) The process for appeal of an adverse decision of the board.
(6) Any other subject determined by the commission.
(d) A local board member must complete the training program
not more than one hundred eighty (180) days after the member is
appointed to the board. A local board member who does not
complete the training program within the time allowed by this
subsection shall be removed from the board under section 21 of
this chapter.
SOURCE: IC 7.1-2-4-22; (08)HE1118.1.7. -->
SECTION 7. IC 7.1-2-4-22 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 22. (a) A local board shall allow all individuals
attending a public local board meeting or hearing to make oral
comments at the meeting or hearing regarding the subject of the
meeting or hearing. However, a local board may set a reasonable
limit on the amount of time allowed to each individual to provide
oral comment.
(b) A local board may give greater weight to oral comments
provided by a person who:
(1) owns or operates a business that is located; or
(2) owns real property or resides;
not more than one thousand (1,000) feet from the location for
which a permit is requested.
SOURCE: IC 7.1-2-5-1; (08)HE1118.1.8. -->
SECTION 8. IC 7.1-2-5-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. A judge of any court
may issue a warrant to search a house or other place for alcohol, an
alcoholic liquid or substance, a still, a distilling apparatus, a tobacco
product, or another article that is being possessed, kept, sold, bartered,
given away, used, or transported in violation of this title.
SOURCE: IC 7.1-2-5-4; (08)HE1118.1.9. -->
SECTION 9. IC 7.1-2-5-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4.
Disposition of
Articles Pending Judgment. An alcoholic beverage
or a tobacco
product seized pursuant to this chapter and any other article which
may be found on the searched premises and taken under the warrant
shall not be taken from the custody of the person who served the
warrant by a writ of replevin or other process while the proceedings
provided in this chapter are pending. A final judgment of conviction in
that proceeding shall be a bar in all cases to an action for recovery of
the thing seized or the value of it or damages alleged to have arisen by
reason of the seizing and detention of it.
SOURCE: IC 7.1-2-5-5; (08)HE1118.1.10. -->
SECTION 10. IC 7.1-2-5-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. Property Rights
Limited. All rights of any kind in an alcoholic beverage or a tobacco
product of any type, or in a container for an alcoholic beverage, or in
an article, apparatus, package, fixture or utensil in which an alcoholic
beverage or a tobacco product may be placed, or which is used in
connection with it, or a vehicle or conveyance in which an alcoholic
beverage or a tobacco product is being transported or which is used
for the transportation of an alcoholic beverage or a tobacco product,
shall at all times and under all circumstances by whomsoever held,
owned, or possessed, be deemed qualified by the right of the state, the
commission, and the chairman, to administer, execute and enforce the
provisions of this title.
SOURCE: IC 7.1-2-5-6; (08)HE1118.1.11. -->
SECTION 11. IC 7.1-2-5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. Certain Property
Rights Prohibited. A person shall have no property right of any kind in
alcohol, an alcoholic beverage, or a malt article, or a tobacco product
had, kept, transported, or possessed contrary to law, or in or to a
receptacle or container of any kind in which these liquids and articles
may be found, or in an unlawful or prohibited receptacle or container,
or in a receptacle or container which does not conform to or which is
being used contrary to or which is not kept in conformity to a rule or
regulation of the commission, or which is being used to contain an
alcoholic beverage or tobacco product upon which a tax is due and
unpaid, or an adulterated or misbranded alcoholic beverage, or which
is being used in an unlawful practice, or a practice contrary to a rule or
regulation of the commission.
SOURCE: IC 7.1-2-5-7; (08)HE1118.1.12. -->
SECTION 12. IC 7.1-2-5-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 7. Illegal
Transportation: Property Rights Limited. A person who is interested in
illegal transportation, or who has knowledge of it, shall have no right,
title, or interest in or to a conveyance of any kind used for the illegal
transportation of alcohol, alcoholic beverages, or malt articles, or a
tobacco product.
SOURCE: IC 7.1-2-5-8; (08)HE1118.1.13. -->
SECTION 13. IC 7.1-2-5-8 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 8.
Forfeiture to State.
An officer who makes an arrest for a violation of the provisions of this
title shall seize the evidence of the commission of that violation,
including any vehicle, automobile, boat, air or water craft, or other
conveyance in which alcohol, alcoholic beverages,
or malt articles,
or
tobacco products are kept, possessed, or transported contrary to law,
or contrary to a rule or regulation of the commission. The articles and
vehicles mentioned in this section and in IC 1971, 7.1-2-5-5.7.1-2-5-7,
sections 5 through 7 of this chapter are hereby declared forfeited to
the state and shall be seized.
SOURCE: IC 7.1-3-1.5-4.3; (08)HE1118.1.14. -->
SECTION 14. IC 7.1-3-1.5-4.3 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4.3. As used in this chapter,
"server program" refers to a program designed to educate an
alcohol server on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
SOURCE: IC 7.1-3-1.5-4.5; (08)HE1118.1.15. -->
SECTION 15. IC 7.1-3-1.5-4.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 4.5. As used in this chapter,
"trainer program" refers to a program designed to educate an
individual on the training of alcohol servers on the:
(1) selling;
(2) serving; and
(3) consumption;
of alcoholic beverages.
SOURCE: IC 7.1-3-1.5-4.6; (08)HE1118.1.16. -->
SECTION 16. IC 7.1-3-1.5-4.6, AS ADDED BY P.L.165-2006,
SECTION 9, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4.6. The commission shall issue a trainer
certificate to an applicant who:
(1) files the application and pays the fees established by the
commission under section 5 of this chapter;
(2) completes a program established or approved under section 6
5.5 of this chapter; and
(3) meets the requirements under this chapter and rules adopted
by the commission.
SOURCE: IC 7.1-3-1.5-4.8; (08)HE1118.1.17. -->
SECTION 17. IC 7.1-3-1.5-4.8, AS ADDED BY P.L.165-2006,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 4.8. A certified trainer may train
(1) alcohol servers and
(2) individuals who plan to become certified trainers;
on the selling, serving, and consumption of alcoholic beverages.
SOURCE: IC 7.1-3-1.5-5.5; (08)HE1118.1.18. -->
SECTION 18. IC 7.1-3-1.5-5.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 5.5. (a) Subject to subsection (b),
the commission may approve a trainer program by a third party
that is designed to educate individuals on the training of alcohol
servers on the selling, serving, and consumption of alcoholic
beverages.
(b) The commission may not approve a trainer program by a
third party that holds or has an interest in any of the following
permits:
(1) A primary source of supply permit.
(2) A beer, wine, or liquor wholesaler's permit.
(3) A beer, wine, or liquor retailer's permit.
(4) A beer, wine, or liquor dealer's permit.
(c) In approving a trainer program under this section, the
commission may consider the following factors:
(1) The needs of applicants.
(2) The geographical distribution of the third parties'
locations in Indiana.
(3) The adequacy of the facilities where the trainer program
will be conducted.
SOURCE: IC 7.1-3-1.5-6; (08)HE1118.1.19. -->
SECTION 19. IC 7.1-3-1.5-6, AS AMENDED BY P.L.165-2006,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. (a) The commission shall:
(1) establish a
server program; and
(2) approve a
server program established by a third party that
meets the requirements of this chapter;
that is designed to educate alcohol servers
and individuals who plan to
become certified trainers on the selling, serving, and consumption of
alcoholic beverages.
(b) A
server program established or approved under subsection (a)
must include the following:
(1) Training by an instructor who:
(A) has knowledge in the subject areas described in this
section; and
(B) is a certified trainer under this chapter.
(2) Information on specific subject areas as required by the
commission.
(3) A minimum of at least two (2) hours of training to complete
the program.
(4) Information on:
(A) state laws and rules regarding the sale and service of
alcoholic beverages;
(B) the classification of alcohol as a depressant and the effect
of alcohol on the human body, particularly on the ability to
drive a motor vehicle;
(C) the effects of alcohol:
(i) when taken with commonly used prescription and
nonprescription drugs; and
(ii) on human behavior;
(D) methods of:
(i) identifying and refusing to serve or sell alcoholic
beverages to an underage or intoxicated person; and
(ii) handling situations involving an underage or intoxicated
person;
(E) methods for properly and effectively:
(i) checking the identification of an individual;
(ii) identifying an illegal identification of an individual; and
(iii) handling situations involving individuals who have
provided illegal identification;
(F) security and law enforcement issues regarding the sale and
service of alcoholic beverages; and
(G) recognizing certain behavior to assess the amount of
alcohol an individual:
(i) has consumed; and
(ii) may safely consume.
(5) One (1) or both of the following:
(A) A written test.
(B) An oral test.
SOURCE: IC 7.1-3-1.5-12; (08)HE1118.1.20. -->
SECTION 20. IC 7.1-3-1.5-12, AS AMENDED BY P.L.165-2006,
SECTION 15, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 12. A person who trains
(1) alcohol servers or
(2) individuals who plan to become certified trainers;
without a trainer certificate under this chapter commits a Class B
infraction.
SOURCE: IC 7.1-3-1.5-13; (08)HE1118.1.21. -->
SECTION 21. IC 7.1-3-1.5-13, AS AMENDED BY P.L.165-2006,
SECTION 16, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 13. (a) A retailer permittee or dealer permittee
who operates an establishment where alcoholic beverages are served
or sold must:
(1) ensure that each alcohol server completes a
server program
or a trainer program established or approved under section
5.5
or 6 of this chapter not later than one hundred twenty (120) days
after the date the alcohol server begins employment at the
establishment;
(2) require each alcohol server to attend a refresher course that
includes the dissemination of new information concerning the
server program subject areas described in section 6 of this
chapter or subject areas of a trainer program every three (3)
years after the date the alcohol server completes a server program
or a trainer program; and
(3) maintain training verification records of each alcohol server.
(b) A retailer permittee, a dealer permittee, or a management
representative of a retailer or dealer permittee must complete a server
program or a trainer program established or approved under section
5.5 or 6 of this chapter:
(1) not later than one hundred twenty (120) days after the date:
(A) the dealer permittee is issued a permit described in section
2 of this chapter; or
(B) the retailer permittee is issued a permit described in
section 4 of this chapter; and
(2) every five (5) years after the date the retailer permittee, dealer
permittee, or management representative of the retailer or dealer
permittee completes a server program or a trainer program.
(c) The commission shall notify a:
(1) dealer permittee at the time the dealer permittee renews a
permit described in section 2 of this chapter; and
(2) retailer permittee at the time the retailer permittee renews a
permit described in section 4 of this chapter;
of the requirements under subsections (a) and (b).
(d) The commission may suspend or revoke a retailer permittee's or
dealer permittee's permit or fine a retailer permittee or dealer permittee
for noncompliance with this section in accordance with IC 7.1-3-23.
SOURCE: IC 7.1-3-1.5-14; (08)HE1118.1.22. -->
SECTION 22. IC 7.1-3-1.5-14, AS ADDED BY P.L.165-2006,
SECTION 17, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 14. A server program established or approved
under section 6 of this chapter must provide a server certificate to an
individual who successfully completes the server program.
SOURCE: IC 7.1-3-1.5-14.5; (08)HE1118.1.23. -->
SECTION 23. IC 7.1-3-1.5-14.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 14.5. A trainer program
established or approved under section 5.5 of this chapter must
provide a trainer certificate to an individual who successfully
completes the program.
SOURCE: IC 7.1-3-1.5-15; (08)HE1118.1.24. -->
SECTION 24. IC 7.1-3-1.5-15, AS ADDED BY P.L.165-2006,
SECTION 18, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 15. The commission may attend and observe
training by a certified trainer under a
server program established or
approved under section 6 of this chapter at any time.
SOURCE: IC 7.1-3-1.5-15.5; (08)HE1118.1.25. -->
SECTION 25. IC 7.1-3-1.5-15.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 15.5. The commission may attend
and observe training under a trainer program established or
approved under section 5.5 of this chapter at any time.
SOURCE: IC 7.1-3-2-7; (08)HE1118.1.26. -->
SECTION 26. IC 7.1-3-2-7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: 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 twenty
thousand (20,000) 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.
(6) If the brewer's brewery manufactures more than twenty
thousand (20,000) 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 twenty thousand (20,000) barrels
of beer in a calendar year; and
(C) is the proprietor of a restaurant that operates under
subdivision (5).
(7) Sell and deliver beer to a consumer at the plant of the brewer
or at the residence of the consumer. The delivery to a consumer
shall 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.
(8) (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.
(9) (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.
(10) (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.
SOURCE: IC 7.1-3-3-4; (08)HE1118.1.27. -->
SECTION 27. IC 7.1-3-3-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) The premises to
be used as a warehouse by an applicant shall be described in the
application for the permit. The commission shall not issue a beer
wholesaler's permit to an applicant for any other warehouse or premises
than that described in the application. The commission shall issue only
one (1) beer wholesaler's permit to an applicant, but a permittee may
be permitted to transfer his the permittee's warehouse to another
location within the county that is not required to be within the
corporate limits of an incorporated city or town, upon application
to, and approval of, the commission.
(b) As used in this subsection, "immediate relative" means the
father, the mother, a brother, a sister, a son, or a daughter of a
wholesaler permittee. Notwithstanding subsection (a), the commission,
upon the death or legally adjudged mental incapacitation of a
wholesaler permittee, may allow the transfer of the wholesaler permit
only to an immediate relative of the wholesaler permittee who
concurrently holds a majority share in a valid wholesaler permit.
SOURCE: IC 7.1-3-3-5; (08)HE1118.1.28. -->
SECTION 28. IC 7.1-3-3-5, AS AMENDED BY P.L.224-2005,
SECTION 5, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) The holder of a beer wholesaler's permit
may purchase and import from the primary source of supply, possess,
and sell at wholesale, beer and flavored malt beverages manufactured
within or without this state.
(b) A beer wholesaler permittee may possess, transport, sell, and
deliver beer to:
(1) another beer wholesaler authorized by the brewer to sell the
brand purchased;
(2)
a consumer; an employee; or
(3) a holder of a beer retailer's permit, beer dealer's permit,
temporary beer permit, dining car permit, boat permit, airplane
permit, or supplemental caterer's permit;
located within this state. The sale, transportation, and delivery of beer
shall be made only from inventory that has been located on the
wholesaler's premises before the time of invoicing and delivery.
(c)
Delivery of beer to a consumer shall be made in barrels only
with the exception of The beer wholesaler's bona fide regular
employees
who may purchase beer from the wholesaler in:
(1) bottles, cans, or any other type of permissible containers in an
amount not to exceed forty-eight (48) pints;
or
(2) one (1) keg;
at any one (1) time.
(d) The importation, transportation, possession, sale, and delivery
of beer shall be subject to the rules of the commission and subject to
the same restrictions provided in this title for a person holding a
brewer's permit.
(e) The holder of a beer wholesaler's permit may purchase, import,
possess, transport, sell, and deliver any commodity listed in
IC 7.1-3-10-5, unless prohibited by this title. However, a beer
wholesaler may deliver flavored malt beverages only to the holder of
one (1) of the following permits:
(1) A beer wholesaler or wine wholesaler permit, if the wholesaler
is authorized by the primary source of supply to sell the brand of
flavored malt beverage purchased.
(2) A wine retailer's permit, wine dealer's permit, temporary wine
permit, dining car wine permit, boat permit, airplane permit, or
supplemental caterer's permit.
(f) A beer wholesaler may:
(1) store beer for an out-of-state brewer described in IC 7.1-3-2-9
and deliver the stored beer to another beer wholesaler that the
out-of-state brewer authorizes to sell the beer;
(2) perform all necessary accounting and auditing functions
associated with the services described in subdivision (1); and
(3) receive a fee from an out-of-state brewer for the services
described in subdivisions (1) through (2).
SOURCE: IC 7.1-3-5-4; (08)HE1118.1.29. -->
SECTION 29. IC 7.1-3-5-4 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 4. (a) Notwithstanding IC 7.1-1-3-18.5, the
commission may renew or transfer ownership of a beer dealer's
permit for a beer dealer who:
(1) held a permit before July 1, 2008; and
(2) has a premises that does not qualify for a permit as a
grocery store under IC 7.1-1-3-18.5.
(b) The commission may transfer ownership of a beer dealer's
permit under this section only to an applicant who is the proprietor
of:
(1) a drug store;
(2) a grocery store; or
(3) a package liquor store.
SOURCE: IC 7.1-3-5-5; (08)HE1118.1.30. -->
SECTION 30. IC 7.1-3-5-5 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 5. (a) As used in this section, "annual gross sales of
food" refers to annual gross sales of food for human consumption
that are exempt from the state gross retail tax.
(b) The holder of a permit issued to a grocery store that is
generally known as a convenience store or food mart as described
in IC 7.1-1-3-18.5(a)(2) shall report annually to the commission the
amount of the permit holder's establishment's annual gross sales
of food.
(c) An applicant who:
(1) is applying for a beer dealer's permit; and
(2) is the proprietor of a grocery store that is generally known
as a convenience store or food mart as described in
IC 7.1-1-3-18.5(a)(2);
shall report to the commission the amount of the applicant's
establishment's annual gross sales of food.
(d) The information provided to the commission under
subsections (b) and (c) regarding the amount of annual gross sales
of food is confidential information and may not be disclosed to the
public under IC 5-14-3. However, the commission may disclose the
information:
(1) to the department of state revenue to verify the accuracy
of the amount of annual gross sales of food reported to the
commission under subsections (b) and (c); and
(2) in any administrative or judicial proceeding to revoke or
suspend the holder's permit as a result of a discrepancy in the
amount of annual gross sales discovered by the department of
state revenue.
(e) The department of state revenue shall verify the accuracy of
the reports provided to the commission under this section. The
department of state revenue shall report to the commission any
discrepancy that the department discovers between:
(1) the amount of annual gross sales of food that the permit
holder has reported to the department; and
(2) the amount of annual gross sales of food that the permit
holder has reported to the commission.
(f) Notwithstanding IC 6-8.1-7-1 or any other law, in fulfilling
its obligations under this section, the department of state revenue
may provide to the commission confidential information. The
commission shall maintain the confidentiality of information
provided by the department of state revenue under this section.
However, the commission may disclose the information in any
administrative or judicial proceeding to revoke or suspend the
holder's permit as a result of a discrepancy discovered by the
department of state revenue under subsection (e).
SOURCE: IC 7.1-3-8-3; (08)HE1118.1.31. -->
SECTION 31. IC 7.1-3-8-3, AS AMENDED BY P.L.224-2005,
SECTION 6, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. (a) The holder of a liquor wholesaler's permit
shall be entitled to sell liquor at wholesale.
(b) A liquor wholesaler shall be entitled to purchase liquor within
this state from a person who holds a distiller's permit, a rectifier's
permit, or a liquor wholesaler's permit. A liquor wholesaler also may
purchase liquor outside this state from the primary source of supply
and, from that source, may transport and import liquor into this state.
(c) A liquor wholesaler may sell, transport, and deliver liquor only
to a person who, under this title, holds a:
(1) liquor retailer's permit;
(2) supplemental caterer's permit;
(3) liquor dealer's permit; or
(4) liquor wholesaler's permit.
The sale, transportation, and delivery of liquor shall be made only from
inventory that has been located on the wholesaler's premises before the
time of invoicing and delivery, and only in permissible containers and
is subject to the rules of the commission fixing the quantity which may
be sold or delivered at any one (1) time.
(d) A liquor wholesaler's bona fide regular employees may
purchase liquor from the wholesaler in an amount not to exceed
eighteen (18) liters.
SOURCE: IC 7.1-3-9-11; (08)HE1118.1.32. -->
SECTION 32. IC 7.1-3-9-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. (a) A liquor retailer
may allow customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted only:
(1) on the liquor retailer's permit premises; and
(2) during the permittee's regular business hours.
(c) A liquor retailer may not charge for the samples provided to
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a liquor retailer
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A liquor retailer may allow a customer to sample only a
combined total of two (2) liquor, liqueur, or cordial samples per
day.
(2) Sample size of liqueurs or cordials may not exceed one-half
(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
(f) A sample size of beer, flavored malt beverage, or hard cider
may not exceed six (6) ounces.
SOURCE: IC 7.1-3-10-13; (08)HE1118.1.33. -->
SECTION 33. IC 7.1-3-10-13 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 13. (a) A liquor dealer
permittee who is a proprietor of a package liquor store may allow
customers to sample the following:
(1) Beer.
(2) Wines.
(3) Liquors.
(4) Liqueurs and cordials (as defined in 27 CFR 5.22(h)).
(5) Flavored malt beverages.
(6) Hard cider.
(b) Sampling is permitted:
(1) only on the package liquor store permit premises; and
(2) only during the store's regular business hours.
(c) No charge may be made for the samples provided to the
customers.
(d) Sample size of wines may not exceed one (1) ounce.
(e) In addition to the other provisions of this section, a proprietor
who allows customers to sample liquors, liqueurs, or cordials shall
comply with all of the following:
(1) A proprietor may allow a customer to sample not more than a
combined total of two (2) liquor, liqueur, or cordial samples per
day.
(2) Sample size of liqueurs or cordials may not exceed one-half
(1/2) ounce.
(3) Sample size of liquors may not exceed four-tenths (0.4) ounce.
(f) A sample size of beer, flavored malt beverage, or hard cider
may not exceed six (6) ounces.
SOURCE: IC 7.1-3-13-3.5; (08)HE1118.1.34. -->
SECTION 34. IC 7.1-3-13-3.5 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 3.5. (a) A wine wholesaler may
sell wine purchased from an estate sale only if the following
requirements are met:
(1) The primary source of the wine sold at auction:
(A) is authorized to sell wine in Indiana on the date the
wine is resold by the wholesaler;
(B) is given notice of the purchase by the wine wholesaler;
and
(C) authorizes the wine wholesaler to resell the wine
purchased.
(2) The seller of wine at auction is a bona fide estate of an
Indiana decedent.
(3) Each wine bottle is affixed with a sticker indicating that
the wine was purchased from an estate.
(b) The notice given to the primary source under subsection
(a)(1) must include the following information:
(1) The name of the seller.
(2) The amount of the product purchased and the sale price at
auction.
(3) The vintage of the wine purchased.
(c) A wholesaler is not liable for product liability for wine that
the wholesaler sells from an estate auction purchase.
SOURCE: IC 7.1-3-17.5-1; (08)HE1118.1.35. -->
SECTION 35. IC 7.1-3-17.5-1, AS AMENDED BY P.L.233-2007,
SECTION 24, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 1. (a) The commission may issue a gaming site
permit to a person who has been issued:
(1) a riverboat owner's license under IC 4-33-6;
(2) an operating agent contract under IC 4-33-6.5; or
(3) a gambling game license under IC 4-35;
to sell alcoholic beverages for on-premises consumption only. The
permit may be a single permit even though more than one (1) area
constitutes the licensed premises of the permit.
(b) A permit issued under this chapter to a person who has been
issued a riverboat owner's license or an operating agent contract
(as defined in IC 4-33-2-14.6) may be used:
(1) on the riverboat; and
(2) in a restaurant owned by the person who has been issued a
riverboat owner's license or an operating agent contract (as
defined in IC 4-33-2-14.6) if the restaurant is located on property
adjacent to the property used by the riverboat for docking
purposes.
(c) A permit issued under this chapter to a person who has been
issued a gambling game license under IC 4-35 may be used at a slot
machine facility licensed under IC 4-35.
SOURCE: IC 7.1-3-17.5-6; (08)HE1118.1.36. -->
SECTION 36. IC 7.1-3-17.5-6, AS AMENDED BY P.L.233-2007,
SECTION 29, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 6. Notwithstanding IC 7.1-5-5-7, the holder of a
gaming site permit may, subject to the approval of the commission,
provide alcoholic beverages to guests without charge at an event on the
licensed premises if all the following requirements are met:
(1) The event is attended by not more than six hundred fifty (650)
guests.
(2) The event is not more than six (6) hours in duration.
(3) (1) Each alcoholic beverage dispensed to a guest:
(A) is entered into a cash register that records and itemizes on
the cash register tape each alcoholic beverage dispensed; and
(B) is entered into a cash register as a sale and at the same
price that is charged to the general public.
(4) (2) At the conclusion of the event, all alcoholic beverages
recorded on the cash register tape are paid by the holder of the
gaming site permit.
(5) (3) All records of the alcoholic beverage sales, including the
cash register tape, shall be maintained by the holder of the gaming
site permit for not less than two (2) years.
(6) (4) The holder of the gaming site permit complies with the
rules of the commission.
SOURCE: IC 7.1-3-18.5-2; (08)HE1118.1.37. -->
SECTION 37. IC 7.1-3-18.5-2, AS AMENDED BY P.L.224-2005,
SECTION 10, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 2. (a) A person who desires a certificate must
provide the following to the commission:
(1) The applicant's name and mailing address and the address of
the premises for which the certificate is being issued.
(2) Except as provided in section 6(c) of this chapter, a fee of
two hundred dollars ($200).
(3) The name under which the applicant transacts or intends
to transact business.
(4) The address of the applicant's principal place of business
or headquarters, if any.
(5) The statement required under section 2.6 of this chapter.
(b) A separate certificate is required for each location where the
tobacco products are sold or distributed.
(c) A certificate holder shall conspicuously display the holder's
certificate on the holder's premises where the tobacco products are
sold or distributed.
(d) Any intentional misstatement or suppression of a material
fact in an application filed under this section constitutes grounds
for denial of the certificate.
(e) A certificate may be issued only to a person who meets the
following requirements:
(1) If the person is an individual, the person must be at least
eighteen (18) years of age.
(2) The person must be authorized to do business in Indiana.
(c) (f) The fees collected under this section shall be deposited in the
enforcement and administration fund under IC 7.1-4-10.
SOURCE: IC 7.1-3-18.5-2.6; (08)HE1118.1.38. -->
SECTION 38. IC 7.1-3-18.5-2.6 IS ADDED TO THE INDIANA
CODE AS A
NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]:
Sec. 2.6. An application for a tobacco
certificate must contain the express statement of the applicant that
the applicant consents for the duration of the certificate term (if
the commission issues the certificate to the applicant) to the
entrance, inspection, and search by an enforcement officer, without
a warrant or other process, of the applicant's retail premises to
determine whether the applicant is complying with the provisions
of this title. The consent required by this section is renewed and
continued by the retention of a certificate or the certificate's use by
the applicant or the applicant's agents.
SOURCE: IC 7.1-3-18.5-5; (08)HE1118.1.39. -->
SECTION 39. IC 7.1-3-18.5-5, AS AMENDED BY P.L.227-2007,
SECTION 61, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) Subject to subsection (b), the commission
may suspend the certificate of a person who fails to pay a civil penalty
imposed for violating IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5,
or IC 35-46-1-11.7.
(b) Before enforcing the imposition of a civil penalty or suspending
or revoking a certificate under this chapter, the commission shall
provide written notice of the alleged violation to the certificate holder
and conduct a hearing. The commission shall provide written notice of
the civil penalty or suspension or revocation of a certificate to the
certificate holder.
(c) Subject to subsection (b), the commission shall revoke the
certificate of a person upon a finding by a preponderance of the
evidence that the person:
(1) has violated IC 35-45-5-3, IC 35-45-5-3.5, or IC 35-45-5-4;
(2) has committed habitual illegal sale of tobacco as
established under IC 35-46-1-10.2(h); or
(3) has committed habitual illegal entrance by a minor as
established under IC 35-46-1-11.7(f).
SOURCE: IC 7.1-3-18.5-6; (08)HE1118.1.40. -->
SECTION 40. IC 7.1-3-18.5-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6. (a) If a certificate
has:
(1) expired; or
(2) been suspended;
the commission may not reinstate or renew the certificate until all civil
penalties imposed against the certificate holder for violating
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, or IC 35-46-1-11.7
have been paid.
(b) The failure to pay a civil penalty described in subsection (a) is
a Class B infraction.
(c) If a certificate has been revoked, the commission may not
reinstate or renew the certificate for at least one hundred eighty
(180) days after the date of revocation. The commission may
reinstate or renew the certificate only upon a reasonable showing
by the applicant that the applicant shall:
(1) exercise due diligence in the sale of tobacco products on
the applicant's premises where the tobacco products are sold
or distributed; and
(2) properly supervise and train the applicant's employees or
agents in the handling and sale of tobacco products.
If a certificate is reinstated or renewed, the applicant of the
certificate shall pay an application fee of one thousand dollars
($1,000).
(c) (d) Notwithstanding IC 34-28-5-5(c), civil penalties collected
under this section must be deposited in the youth tobacco education
and enforcement fund established under IC 7.1-6-2-6.
SOURCE: IC 7.1-3-18.5-8; (08)HE1118.1.41. -->
SECTION 41. IC 7.1-3-18.5-8 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. The commission may mitigate
civil penalties imposed against a certificate holder for violating
IC 35-46-1-10, IC 35-46-1-10.2, IC 35-46-1-11.5, IC 35-46-1-11.7,
or any of the provisions of this chapter if a certificate holder
provides a training program for the certificate holder's employees
that includes at least the following topics:
(1) Laws governing the sale of tobacco products.
(2) Methods of recognizing and handling customers who are
less than eighteen (18) years of age.
(3) Procedures for proper examination of identification cards
to verify that customers are under eighteen (18) years of age.
SOURCE: IC 7.1-3-18.5-9; (08)HE1118.1.42. -->
SECTION 42. IC 7.1-3-18.5-9 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 9. A certificate holder shall
exercise due diligence in the supervision and training of the
certificate holder's employees or agents in the handling and sale of
tobacco products on the holder's retail premises. Proof that
employees or agents of the certificate holder, while in the scope of
their employment, committed at least six (6) violations relating to
IC 35-46-1-10.2(a) in any one hundred eighty (180) day period shall
be prima facie evidence of a lack of due diligence by the certificate
holder in the supervision and training of the certificate holder's
employees or agents.
SOURCE: IC 7.1-3-18.5-10; (08)HE1118.1.43. -->
SECTION 43. IC 7.1-3-18.5-10 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10. (a) If a certificate holder fails
to attend or participate in a hearing without good cause, the
hearing judge may recommend to the commission that the
commission suspend or revoke the certificate holder's certificate or
impose a fine on the certificate holder of up to one thousand dollars
($1,000).
(b) A hearing judge may grant a continuance of a hearing upon
written motion showing good cause for the continuance.
SOURCE: IC 7.1-3-19-5; (08)HE1118.1.44. -->
SECTION 44. IC 7.1-3-19-5, AS AMENDED BY P.L.224-2005,
SECTION 12, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. The commission shall cause one (1) notice of
the pending investigation to be published in a newspaper in accordance
with the provisions of IC 7.1-3-1-18. The publication of the notice shall
be at least thirty (30) fifteen (15) days before the investigation.
SOURCE: IC 7.1-3-19-11.5; (08)HE1118.1.45. -->
SECTION 45. IC 7.1-3-19-11.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 11.5. (a) As used in this section,
"applicant" or "application" means an applicant or an application
for:
(1) a new permit; or
(2) the transfer or renewal of an existing permit.
(b) This section applies if a permit applicant or a person who
remonstrates at a local board hearing against the approval of the
application files with the commission:
(1) an objection to the commission's action on the application;
and
(2) a request for an appeal hearing before the commission.
(c) The commission shall do the following:
(1) Provide notice to the local board, by first class mail, of the
date of an appeal hearing set by the commission. Notice under
this subdivision must be provided not later than ten (10) days
before the date of the hearing.
(2) Publish notice in the city, town, or county where the
proposed permit premises is located of the date of an appeal
hearing set by the commission. Notice under this subdivision
must be published not later than ten (10) days before the date
of the hearing.
SOURCE: IC 7.1-3-22-4; (08)HE1118.1.46. -->
SECTION 46. IC 7.1-3-22-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4.
Dealers' Permits
Limited. (a) The commission may grant:
only
(1) in an incorporated city or town that has a population of
less than fifteen thousand one (15,001):
(A) one (1) beer dealer's permit
and for each two thousand
(2,000) persons, or a fraction thereof; or
(B) two (2) beer dealer's permits;
whichever is greater, within the incorporated city or town;
(2) in an incorporated city or town that has a population of
more than fifteen thousand (15,000) but less than eighty
thousand (80,000):
(A) one (1) beer dealer's permit for each three thousand
five hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) beer dealer's permits;
whichever is greater, within the incorporated city or town;
and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) beer dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) beer dealer's permits;
whichever is greater, within the incorporated city or town.
(b) The commission may grant:
(1) in an incorporated city or town that has a population of
less than fifteen thousand one (15,001):
(A) one (1) liquor dealer's permit in an incorporated city, town
or unincorporated town for each one two thousand five
hundred (1,500) (2,000) persons, or a fraction thereof; or
(B) two (2) liquor dealer's permit;
whichever is greater, within the incorporated city or town; or
unincorporated town;
(2) in an incorporated city or town that has a population of
more than fifteen thousand (15,000) but less than eighty
thousand (80,000):
(A) one (1) liquor dealer's permit for each three thousand
five hundred (3,500) persons, or a fraction thereof; or
(B) eight (8) liquor dealer's permits;
whichever is greater, within the incorporated city or town;
and
(3) in an incorporated city or town that has a population of at
least eighty thousand (80,000):
(A) one (1) liquor dealer's permit for each six thousand
(6,000) persons, or a fraction thereof; or
(B) twenty-three (23) liquor dealer's permits;
whichever is greater, within the incorporated city or town.
(c) The commission may grant in an area in the county outside
an incorporated city or town:
(1) one (1) beer dealer's permit for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2) beer
dealer's permits, whichever is greater; and
(2) one (1) liquor dealer's permits for each two thousand five
hundred (2,500) persons, or a fraction thereof, or two (2)
liquor dealer's permits, whichever is greater;
within the area in a county outside an incorporated city or town.
(d) Notwithstanding subsections (a), (b), and (c), the commission
may renew or transfer a beer dealer's or liquor dealer's permit for
a beer dealer or liquor dealer that:
(1) held a permit before July 1, 2008; and
(2) does not qualify for a permit under the quota restrictions
set forth in subsection (a), (b), or (c).
(e) Notwithstanding subsection (a) or (c), the commission may
grant not more than two (2) new beer dealer's permits or five
percent (5%) of the total beer dealer permits established under the
quota restrictions set forth in subsection (a) or (c), whichever is
greater, for each of the following:
(1) An incorporated city or town that does not qualify for any
new beer dealer's permits under the quota restrictions set
forth in subsection (a).
(2) An area in a county outside an incorporated city or town
that does not qualify for any new beer dealer's permits under
the quota restrictions set forth in subsection (c).
(f) Notwithstanding subsection (b) or (c), the commission may
grant not more than two (2) new liquor dealer's permits or five
percent (5%) of the total liquor dealer permits established under
the quota restrictions set forth in subsection (b) or (c), whichever
is greater, for each of the following:
(1) An incorporated city or town that does not qualify for any
new liquor dealer's permits under the quota restrictions set
forth in subsection (b).
(2) An area in a county outside an incorporated city or town
that does not qualify for any new liquor dealer's permits
under the quota restrictions set forth in subsection (c).
SOURCE: IC 7.1-4-4.1-3; (08)HE1118.1.47. -->
SECTION 47. IC 7.1-4-4.1-3, AS AMENDED BY P.L.224-2005,
SECTION 20, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 3. The following biennial license fee is imposed
for an employee's permit:
(1) Fifteen dollars ($15) if the permit is used only to perform
volunteer service that benefits a nonprofit organization.
(2) Thirty dollars ($30) Forty-five dollars ($45) if subdivision
(1) does not apply.
The term of a biennial employee's license is two (2) three (3) years.
SOURCE: IC 7.1-5-5-9; (08)HE1118.1.48. -->
SECTION 48. IC 7.1-5-5-9, AS AMENDED BY P.L.224-2005,
SECTION 31, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 9.
(a) This section does not apply to product
management (as described in 905 IAC 1-5.2-15) by a permittee.
(b) It is unlawful for a beer wholesaler or a primary source of supply
to: permittee to knowingly or intentionally (1) coerce, or attempt to
coerce, or persuade a beer wholesaler another permittee to enter into
an agreement, or to take an action, which will would violate or tend to
violate, a provision of this title or of the rules and regulations of the
commission. or
(2) (c) It is unlawful for a beer wholesaler or a primary source
of supply to cancel or terminate an agreement or contract between a
beer wholesaler and a primary source of supply for the sale of beer,
unfairly and without due regard for the equities of the other party.
SOURCE: IC 7.1-5-7-1; (08)HE1118.1.49. -->
SECTION 49. IC 7.1-5-7-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) It is a Class C
infraction Class C misdemeanor for a minor to knowingly or
intentionally make a false statement of the minor's age or to present or
offer false or fraudulent evidence of majority or identity to a permittee
for the purpose of ordering, purchasing, attempting to purchase, or
otherwise procuring or attempting to procure an alcoholic beverage.
(b) In addition to the penalty under subsection (a), a minor who:
(1) uses a false or altered driver's license or the driver's license of
another person as evidence of majority under this section; or
(2) is convicted of purchasing or procuring an alcoholic beverage
with or without using a false or altered driver's license;
shall have the minor's driver's license suspended for up to one (1) year
in accordance with IC 9-24-18-8 and IC 9-30-4-9.
(c) Upon entering a judgment of conviction for the infraction
misdemeanor under this section, the court shall forward a copy of the
judgment to the bureau of motor vehicles for the purpose of complying
with subsection (b).
SOURCE: IC 7.1-5-7-8; (08)HE1118.1.50. -->
SECTION 50. IC 7.1-5-7-8, AS AMENDED BY P.L.2-2007,
SECTION 132, IS AMENDED TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 8. (a) It is a
Class C Class B
misdemeanor for a person to recklessly,
knowingly, or intentionally
sell, barter, exchange, provide, or furnish an alcoholic beverage to a
minor.
(b) However, the offense described in subsection (a) is:
(1) a Class A misdemeanor if the person has a prior unrelated
conviction under this section; and
(2) a Class D felony if the consumption, ingestion, or use of the
alcoholic beverage is the proximate cause of the serious bodily
injury or death of any person.
(b) (c) This section shall not be construed to impose civil liability
upon any postsecondary educational institution, including public and
private universities and colleges, business schools, vocational schools,
and schools for continuing education, or its agents for injury to any
person or property sustained in consequence of a violation of this
section unless such institution or its agent sells, barters, exchanges,
provides, or furnishes an alcoholic beverage to a minor.
SOURCE: IC 7.1-5-7-13; (08)HE1118.1.51. -->
SECTION 51. IC 7.1-5-7-13, AS AMENDED BY P.L.161-2005,
SECTION 3, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 13. Section 12 of this chapter does not prohibit the
following:
(1) The employment of a person at least eighteen (18) years of age
but less than twenty-one (21) years of age on or about licensed
premises where alcoholic beverages are sold, furnished, or given
away for consumption either on or off the licensed premises, for
a purpose other than:
(A) selling;
(B) furnishing, other than serving;
(C) consuming; or
(D) otherwise dealing in;
alcoholic beverages.
(2) A person at least eighteen (18) nineteen (19) years of age but
less than twenty-one (21) years of age from ringing up a sale of
alcoholic beverages in the course of the person's employment .
(3) A person who is at least nineteen (19) years of age but less
than twenty-one (21) years of age who: and (A) who has
successfully completed an alcohol server training program
certified under IC 7.1-3-1.5 and (B) serves from serving
alcoholic beverages in a dining area or family room of a
restaurant or hotel:
(i) (A) in the course of a person's employment as a waiter,
waitress, or server; and
(ii) (B) under the supervision of a person who:
(i) is at least twenty-one (21) years of age;
(ii) is present at the restaurant or hotel; and
(iii) has successfully completed an alcohol server training
program certified under IC 7.1-3-1.5 by the commission.
This subdivision does not allow a person at least nineteen (19)
years of age but less than twenty-one (21) years of age to be a
bartender.
SOURCE: IC 7.1-5-7-16; (08)HE1118.1.52. -->
SECTION 52. IC 7.1-5-7-16 IS ADDED TO THE INDIANA CODE
AS A
NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]:
Sec. 16. The commission shall conduct random
unannounced inspections at locations where alcoholic beverages
are sold or distributed to ensure compliance with this title. Only
the commission, an Indiana law enforcement agency, the office of
the sheriff of a county, or an organized police department of a
municipal corporation may conduct the random unannounced
inspections. These entities may use retired or off duty law
enforcement officers to conduct inspections under this section.
SOURCE: IC 7.1-5-7-17; (08)HE1118.1.53. -->
SECTION 53. IC 7.1-5-7-17 IS ADDED TO THE INDIANA CODE
AS A NEW SECTION TO READ AS FOLLOWS [EFFECTIVE JULY
1, 2008]: Sec. 17. (a) Notwithstanding any other law, an
enforcement officer vested with full police powers and duties may
engage a person who is:
(1) at least eighteen (18) years of age; and
(2) less than twenty-one (21) years of age;
to receive or purchase alcoholic beverages as part of an
enforcement action under this article.
(b) The initial or contemporaneous receipt or purchase of an
alcoholic beverage under this section by a person described in
subsection (a) must:
(1) occur under the direction of an enforcement officer vested
with full police powers and duties; and
(2) be a part of the enforcement action.
SOURCE: IC 7.1-5-8-4; (08)HE1118.1.54. -->
SECTION 54. IC 7.1-5-8-4 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 4. (a) It is unlawful for
a person who owns or operates a private or public restaurant or place
of public or private entertainment to permit another person to come
into the establishment with an alcoholic beverage for sale or gift, or for
consumption in the establishment by that person or another, or to serve
a setup to a person who comes into the establishment. However, the
provisions of this section shall not apply to the following:
(1) A private room hired by a guest of a bona fide club or hotel
that holds a retail permit.
(2) A facility that is used in connection with the operation of a
paved track that is used primarily in the sport of auto racing.
(3) An outdoor place of public entertainment that:
(A) has an area of at least four (4) acres and not more than
six (6) acres;
(B) is located within one (1) mile of the White River;
(C) is owned and operated by a nonprofit corporation
exempt from federal income taxation under Section
501(c)(3) of the Internal Revenue Code; and
(D) is used primarily in connection with live music
concerts.
(b) An establishment operated in violation of this section is declared
to be a public nuisance and subject to abatement as other public
nuisances are abated under the provisions of this title.
SOURCE: IC 7.1-5-8-5; (08)HE1118.1.55. -->
SECTION 55. IC 7.1-5-8-5 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 5. (a) This section does
not apply to a person who, on or about a licensed premises, carries,
conveys, or consumes beer or wine:
(1) described in IC 7.1-1-2-3(a)(4); and
(2) not sold or offered for sale.
(b) This section does not apply to a person at a facility that is used
in connection with the operation of a track that is used primarily in the
sport of auto racing.
(c) This section does not apply to a person at an outdoor place
of public entertainment that:
(1) has an area of at least four (4) acres and not more than six
(6) acres;
(2) is located within one (1) mile of the White River;
(3) is owned and operated by a nonprofit corporation exempt
from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code; and
(4) is used primarily in connection with live music concerts.
(c) (d) It is a Class C misdemeanor for a person, for the person's
own use, to knowingly carry on, convey to, or consume on or about the
licensed premises of a permittee an alcoholic beverage that was not
then and there purchased from that permittee.
SOURCE: IC 7.1-5-8-6; (08)HE1118.1.56. -->
SECTION 56. IC 7.1-5-8-6 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 6.
Taking Liquor Into
Restaurant Prohibited. (a) It is a Class C misdemeanor for a person to
knowingly carry liquor into a restaurant or place of public
entertainment for the purpose of consuming it, displaying it, or selling,
furnishing, or giving it away to another person on the premises, or for
the purpose of having it served to himself or another person, then and
there. It is a Class C misdemeanor to knowingly consume liquor
brought into a public establishment in violation of this section.
(b) This section does not apply to a person at an outdoor place
of public entertainment that:
(1) has an area of at least four (4) acres and not more than six
(6) acres;
(2) is located within one (1) mile of the White River;
(3) is owned and operated by a nonprofit corporation exempt
from federal income taxation under Section 501(c)(3) of the
Internal Revenue Code; and
(4) is used primarily in connection with live music concerts.
SOURCE: IC 7.1-5-9-14; (08)HE1118.1.57. -->
SECTION 57. IC 7.1-5-9-14 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 14. Sale to
Non-Permittee Prohibited. It is unlawful for the holder of a brewer's,
distiller's, rectifier's, or a wholesaler's permit of any type to sell an
alcoholic beverage to a person who does not hold an appropriate permit
under this title. However, this section shall not apply to the sale of an
alcoholic beverage to a consumer or employee as expressly authorized
in this title.
SOURCE: IC 7.1-5-10-1; (08)HE1118.1.58. -->
SECTION 58. IC 7.1-5-10-1 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 1. (a) Except as
provided in subsection (d), it is unlawful to sell alcoholic beverages at
the following times:
(1) At a time other than that made lawful by the provisions of
IC 7.1-3-1-14.
(2) On Christmas Day and until 7:00 o'clock in the morning,
prevailing local time, the following day.
(3) On primary election day, and general election day, from 3:00
o'clock in the morning, prevailing local time, until the voting polls
are closed in the evening on these days.
(4) During a special election under IC 3-10-8-9 (within the
precincts where the special election is being conducted), from
3:00 o'clock in the morning until the voting polls are closed in the
evening on these days.
(b) During the time when the sale of alcoholic beverages is
unlawful, no alcoholic beverages shall be sold, dispensed, given away,
or otherwise disposed of on the licensed premises and the licensed
premises shall remain closed to the extent that the nature of the
business carried on the premises, as at a hotel or restaurant, permits.
(c) It is unlawful to sell alcoholic beverages on New Years Day for
off-premises consumption.
(d) (c) 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 9-21-4-5; (08)HE1118.1.59. -->
SECTION 59. IC 9-21-4-5, AS AMENDED BY P.L.30-2007,
SECTION 1, IS AMENDED TO READ AS FOLLOWS [EFFECTIVE
JULY 1, 2008]: Sec. 5. (a) Except as provided in subsection (b), a
person may not place or maintain upon a highway a traffic sign or
signal bearing commercial advertising. A public authority may not
permit the placement of a traffic sign or signal that bears a commercial
message.
(b) Under criteria to be jointly established by the Indiana
department of transportation and the office of tourism development, the
Indiana department of transportation may authorize the posting of any
of the following:
(1) Limited tourist attraction signage.
(2) Business signs on specific information panels on the interstate
system of highways and other freeways.
All costs of manufacturing, installation, and maintenance to the Indiana
department of transportation for a business sign posted under this
subsection shall be paid by the business.
(c) Criteria established under subsection (b) for tourist attraction
signage must include a category for a tourist attraction that:
(1) is a trademarked destination brand; and
(2) encompasses buildings, structures, sites, or other facilities that
are:
(A) listed on the National Register of Historic Places
established under 16 U.S.C. 470 et seq.; or
(B) listed on the register of Indiana historic sites and historic
structures established under IC 14-21-1;
regardless of the distance of the tourist attraction from the highway on
which the tourist attraction signage is placed.
(d) Criteria established under subsection (b) for tourist
attraction signage must include a category for a tourist attraction
that is an establishment licensed under IC 7.1-3-2-7(5).
(d) (e) A person may not place, maintain, or display a flashing, a
rotating, or an alternating light, beacon, or other lighted device that:
(1) is visible from a highway; and
(2) may be mistaken for or confused with a traffic control device
or for an authorized warning device on an emergency vehicle.
(e) (f) This section does not prohibit the erection, upon private
property adjacent to highways, of signs giving useful directional
information and of a type that cannot be mistaken for official signs.
SOURCE: IC 34-30-2-19.5; (08)HE1118.1.60. -->
SECTION 60. IC 34-30-2-19.5 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 19.5. IC 7.1-3-13-3.5 (Concerning
wine purchased at an estate sale and resold by a wine wholesaler).
SOURCE: IC 35-46-1-10.1; (08)HE1118.1.61. -->
SECTION 61. IC 35-46-1-10.1 IS ADDED TO THE INDIANA
CODE AS A NEW SECTION TO READ AS FOLLOWS
[EFFECTIVE JULY 1, 2008]: Sec. 10.1. (a) If a permit holder or an
agent or employee of a permit holder violates IC 7.1-5-7-8 on the
licensed premises, in addition to any other penalty, a civil judgment
may be imposed against the permit holder as follows:
(1) If the licensed premises at that specific business location
has not been issued a citation or summons for a violation of
IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a
civil penalty of up to two hundred dollars ($200).
(2) If the licensed premises at that specific business location
has had one (1) citation or summons for a violation of
IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a
civil penalty of up to four hundred dollars ($400).
(3) If the licensed premises at that specific business location
has had two (2) citations or summonses for a violation of
IC 7.1-5-7-8 in the previous one hundred eighty (180) days, a
civil penalty of up to seven hundred dollars ($700).
(4) If the licensed premises at that specific business location
has had three (3) or more citations or summonses for a
violation of IC 7.1-5-7-8 in the previous one hundred eighty
(180) days, a civil penalty of up to one thousand dollars
($1,000).
(b) The defenses set forth in IC 7.1-5-7-5.1 are available to a
permit holder in an action under this section.
(c) Unless a person less than twenty-one (21) years of age buys
or receives an alcoholic beverage under the direction of a law
enforcement officer as part of an enforcement action, a permit
holder that sells alcoholic beverages is not liable under this section
unless the person less than twenty-one (21) years of age who
bought or received the alcoholic beverage is charged for violating
IC 7.1-5-7-7.
(d) All civil penalties collected under this section shall be
deposited in the alcohol and tobacco commission's enforcement
and administration fund under IC 7.1-4-10.
SOURCE: IC 35-46-1-10.2; (08)HE1118.1.62. -->
SECTION 62. IC 35-46-1-10.2 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 10.2. (a) A retail
establishment that sells or distributes tobacco to a person less than
eighteen (18) years of age commits a Class C infraction. For a sale to
take place under this section, the buyer must pay the retail
establishment for the tobacco product. Notwithstanding
IC 34-28-5-4(c), a civil judgment for an infraction committed under
this section must be imposed as follows:
(1) If the retail establishment at that specific business location has
not been issued a citation or summons for a violation of this
section in the previous ninety (90) one hundred eighty (180)
days, a civil penalty of fifty dollars ($50). up to two hundred
dollars ($200).
(2) If the retail establishment at that specific business location has
had one (1) citation or summons issued for a violation of this
section in the previous ninety (90) one hundred eighty (180)
days, a civil penalty of one hundred dollars ($100). up to four
hundred dollars ($400).
(3) If the retail establishment at that specific business location has
had two (2) citations or summonses issued for a violation of this
section in the previous ninety (90) one hundred eighty (180)
days, a civil penalty of two hundred fifty dollars ($250). up to
seven hundred dollars ($700).
(4) If the retail establishment at that specific business location has
had three (3) or more citations or summonses issued for a
violation of this section in the previous ninety (90) one hundred
eighty (180) days, a civil penalty of five hundred dollars ($500).
up to one thousand dollars ($1,000).
A retail establishment may not be issued a citation or summons for a
violation of this section more than once every twenty-four (24) hours
for each specific business location.
(b) It is not a defense that the person to whom the tobacco was sold
or distributed did not smoke, chew, or otherwise consume the tobacco.
(c) The following defenses are available to a retail establishment
accused of selling or distributing tobacco to a person who is less than
eighteen (18) years of age:
(1) The buyer or recipient produced a driver's license bearing the
purchaser's or recipient's photograph showing that the purchaser
or recipient was of legal age to make the purchase.
(2) The buyer or recipient produced a photographic identification
card issued under IC 9-24-16-1 or a similar card issued under the
laws of another state or the federal government showing that the
purchaser or recipient was of legal age to make the purchase.
(3) The appearance of the purchaser or recipient was such that an
ordinary prudent person would believe that the purchaser or
recipient was not less than the age that complies with regulations
promulgated by the federal Food and Drug Administration.
(d) It is a defense that the accused retail establishment sold or
delivered the tobacco to a person who acted in the ordinary course of
employment or a business concerning tobacco:
(1) agriculture;
(2) processing;
(3) transporting;
(4) wholesaling; or
(5) retailing.
(e) As used in this section, "distribute" means to give tobacco to
another person as a means of promoting, advertising, or marketing the
tobacco to the general public.
(f) Unless a person buys or receives tobacco under the direction of
a law enforcement officer as part of an enforcement action, a retail
establishment that sells or distributes tobacco is not liable for a
violation of this section unless the person less than eighteen (18) years
of age who bought or received the tobacco is issued a citation or
summons under section 10.5 of this chapter.
(g) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
this section must be deposited in the Richard D. Doyle youth tobacco
education and enforcement fund (IC 7.1-6-2-6).
(h) A person who violates subsection (a) at least six (6) times in any
six (6) month one hundred eighty (180) day period commits habitual
illegal sale of tobacco, a Class B infraction.
SOURCE: IC 35-46-1-11; (08)HE1118.1.63. -->
SECTION 63. IC 35-46-1-11 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11. (a) A tobacco
vending machine that is located in a public place must bear a the
following conspicuous notice: notices:
(1) A notice:
(A) that reads as follows, with the capitalization indicated: "If
you are under 18 years of age, YOU ARE FORBIDDEN by
Indiana law to buy tobacco from this machine."; or
(2) (B) that:
(A) (i) conveys a message substantially similar to the
message described in subdivision (1); clause (A); and
(B) (ii) is formatted with words and in a form authorized
under the rules adopted by the alcohol and tobacco
commission.
(2) A notice that reads as follows, "Smoking by Pregnant
Women May Result in Fetal Injury, Premature Birth, and
Low Birth Weight."
(3) A notice printed in letters and numbers at least one-half
(1/2) inch high that displays a toll free phone number for
assistance to callers in quitting smoking, as determined by the
state department of health.
(b) A person who owns or has control over a tobacco vending
machine in a public place and who:
(1) fails to post the a notice required by subsection (a) on his the
vending machine; or
(2) fails to replace the a notice within one (1) month after it is
removed or defaced;
commits a Class C infraction.
(c) An establishment selling tobacco at retail shall post and maintain
in a conspicuous place, a sign, at the point of sale, the following:
(1) Signs printed in letters at least one-half (1/2) inch high,
reading as follows:
(A) "The sale of tobacco to persons under 18 years of age is
forbidden by Indiana law."
(B) "Smoking by Pregnant Women May Result in Fetal
Injury, Premature Birth, and Low Birth Weight."
(2) A sign printed in letters and numbers at least one-half
(1/2) inch high that displays a toll free phone number for
assistance to callers in quitting smoking, as determined by the
state department of health.
(d) A person who:
(1) owns or has control over an establishment selling tobacco at
retail; and
(2) fails to post and maintain the sign required by subsection (c);
commits a Class C infraction.
SOURCE: IC 35-46-1-11.7; (08)HE1118.1.64. -->
SECTION 64. IC 35-46-1-11.7 IS AMENDED TO READ AS
FOLLOWS [EFFECTIVE JULY 1, 2008]: Sec. 11.7. (a) A retail
establishment that has as its primary purpose the sale of tobacco
products may not allow an individual who is less than eighteen (18)
years of age to enter the retail establishment.
(b) An individual who is less than eighteen (18) years of age may
not enter a retail establishment described in subsection (a).
(c) A retail establishment described in subsection (a) must
conspicuously post on all entrances to the retail establishment
the
following:
(1) A sign in boldface type that states "NOTICE: It is unlawful for
a person less than 18 years old to enter this store.".
(2) A sign printed in letters and numbers at least one-half
(1/2) inch high that displays a toll free phone number for
assistance to callers in quitting smoking, as determined by the
state department of health.
(d) A person who violates this section commits a Class C infraction.
Notwithstanding IC 34-28-5-4(c), a civil judgment for an infraction
committed under this section must be imposed as follows:
(1) If the person has not been cited for a violation of this section
in the previous
ninety (90) one hundred eighty (180) days, a civil
penalty of
fifty dollars ($50). up to two hundred dollars ($200).
(2) If the person has had one (1) violation in the previous
ninety
(90) one hundred eighty (180) days, a civil penalty of
one
hundred dollars ($100). up to four hundred dollars ($400).
(3) If the person has had two (2) violations in the previous ninety
(90) one hundred eighty (180) days, a civil penalty of two
hundred fifty dollars ($250). up to seven hundred dollars
($700).
(4) If the person has had three (3) or more violations in the
previous ninety (90) one hundred eighty (180) days, a civil
penalty of five hundred dollars ($500). up to one thousand
dollars ($1,000).
A person may not be cited more than once every twenty-four (24)
hours.
(e) Notwithstanding IC 34-28-5-5(c), civil penalties collected under
this section must be deposited in the Richard D. Doyle youth tobacco
education and enforcement fund established under IC 7.1-6-2-6.
(f) A person who violates subsection (a) at least six (6) times in
any one hundred eighty (180) day period commits habitual illegal
entrance by a minor, a Class B infraction.
SOURCE: ; (08)HE1118.1.65. -->
SECTION 65. [EFFECTIVE JULY 1, 2008] (a) Notwithstanding
IC 7.1-2-4-13.5, as added by this act, a member of a local board
appointed before January 1, 2009, shall complete the training
required under IC 7.1-2-4-13.5, as added by this act, not later than
July 1, 2009.
(b) The alcohol and tobacco commission shall begin providing
a training program under IC 7.1-2-4-13.5, as added by this act, for
members of local boards not later that January 1, 2009.
(c) This SECTION expires July 2, 2009.
SOURCE: ; (08)HE1118.1.66. -->
SECTION 66. [EFFECTIVE JULY 1, 2008] IC 7.1-5-7-8, as
amended by this act, applies only to offenses committed after June
30, 2008.
SOURCE: ; (08)HE1118.1.67. -->
SECTION 67. [EFFECTIVE JULY 1, 2008] The intent and
purpose of IC 7.1-5-8-4, IC 7.1-5-8-5, IC 7.1-5-8-6, all as amended
by this act, is the promotion of performing arts in Indiana.
SOURCE: ; (08)HE1118.1.68. -->
SECTION 68. [EFFECTIVE UPON PASSAGE]
(a) As used in this
SECTION, "committee" refers to the interim study committee on
alcoholic beverage issues established by this SECTION.
(b) There is established an interim study committee on alcoholic
beverage issues.
(c) The committee shall study and make recommendations to the
legislative council concerning the following:
(1) Alcohol server training and employee permits for sales
clerks in dealer establishments.
(2) Additional one, two, or three-way permits for restaurants
in economic development areas.
(3) Displaying alcoholic beverages in separate areas in dealer
establishments.
(4) The historic origins of Indiana alcoholic beverage laws and
the Twenty-first Amendment to the Constitution of the United
States and its place and purpose in the twenty-first century.
(d) The committee shall operate under the policies governing
study committees adopted by the legislative council.
(e) The affirmative votes of a majority of the members
appointed to the committee are required for the committee to take
action on any measure, including final reports.
(f) Before November 1, 2009, the committee shall issue a final
report to the legislative council containing the findings and
recommendations of the committee.
(g) This SECTION expires December 31, 2010.
SOURCE: ; (08)HE1118.1.69. -->
SECTION 69. P.L.165-2006, SECTION 42, IS AMENDED TO
READ AS FOLLOWS [EFFECTIVE JULY 1, 2008]: SECTION 42. (a)
As used in this SECTION, "alcohol server" has the meaning set forth
in IC 7.1-3-1.5-1.
(b) As used in this SECTION, "certified trainer" has the meaning set
forth in IC 7.1-3-1.5-1.3, as added by this act.
(c) As used in this SECTION, "commission" refers to the alcohol
and tobacco commission established by IC 7.1-2-1-1.
(d) As used in this SECTION, "dealer permittee" has the meaning
set forth in IC 7.1-3-1.5-2.
(e) As used in this SECTION, "retailer permittee" has the meaning
set forth in IC 7.1-3-1.5-4.
(f) As used in this SECTION, "trainer certificate" has the meaning
set forth in IC 7.1-3-1.5-4.4, as added by this act.
(g) Notwithstanding IC 7.1-3-1.5-12, a person who is training
alcohol servers or individuals who plan to become certified trainers
before July 1, 2006, may continue to train alcohol servers or
individuals who plan to become certified trainers without a certificate
issued under IC 7.1-3-1.5 pending the processing of an application for
a trainer certificate under this SECTION.
(h) The person described in subsection (g) may submit to the
commission an application for a trainer certificate under IC 7.1-3-1.5.
To be entitled to continue training without a trainer certificate under
subsection (g), the person must submit the application before March 1,
2007.
(i) The person described in subsection (g) shall cease training
alcohol servers and individuals who plan to become certified trainers
if:
(1) the person fails to submit an application within the time
allowed under subsection (h); or
(2) the commission notifies the person that the commission has
rejected the application submitted by the person under this
SECTION.
(j) Notwithstanding IC 7.1-3-1.5-13:
(1) a retailer permittee or dealer permittee who is operating an
establishment where alcoholic beverages are served or sold must
ensure that each alcohol server completes a program established
or approved under IC 7.1-3-1.5-6, as amended by this act, not
later than:
(A) January 1, 2009; January 1, 2010; or
(B) one hundred twenty (120) days after the date the alcohol
server begins employment at the establishment;
whichever is later; and
(2) a retailer permittee, a dealer permittee, or a management
representative of a retailer or dealer permittee must complete a
program established or approved under IC 7.1-3-1.5-6, as
amended by this act, not later than:
(A) January 1, 2009; January 1, 2010; or
(B) one hundred twenty (120) days after the date the retailer
permittee or dealer permittee is issued a retailer permit or
dealer permit under IC 7.1-3;
whichever is later.
(k) This SECTION expires December 31, 2010. December 31,
2011.
SOURCE: ; (08)HE1118.1.70. -->
SECTION 70. [EFFECTIVE JULY 1, 2008] IC 7.1-5-7-1, as
amended by this act, applies to crimes committed after June 30,
2008.
SOURCE: ; (08)HE1118.1.71. -->
SECTION 71.
An emergency is declared for this act.
HEA 1118 _ Concur
Figure
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