Enrolled House Bill (H)

Authored by

DIGEST

Various alcohol, tobacco, and e-liquid matters. Allows, if certain conditions are met, the holder of a retailer permit that is issued for the premises of a hotel that is owned by an accredited college or university to sell or dispense, for on premise consumption only, alcoholic beverages from a: (1) nonpermanent bar that is located on; or (2) service window located on the licensed premises that opens to; an outside area or terrace that is contiguous to the main building of the licensed premises of the hotel. Allows the refilling of a bottle or container with a product from a Various alcohol, tobacco, and e-liquid matters. Allows, if certain conditions are met, the holder of a retailer permit that is issued for the premises of a hotel that is owned by an accredited college or university to sell or dispense, for on premise consumption only, alcoholic beverages from a: (1) nonpermanent bar that is located on; or (2) service window located on the licensed premises that opens to; an outside area or terrace that is contiguous to the main building of the licensed premises of the hotel. Allows the refilling of a bottle or container with a product from a farm winery. Allows the holder of an artisan distiller's permit to: (1) sell liquor for carryout on Sunday in a quantity at any one time of not more than four and five-tenths liters; and (2) with the approval of the alcohol and tobacco commission (commission), to participate in a trade show or an exposition for not more than 45 days in a calendar year. Clarifies that the holders of artisan distiller's permits, microbrewery permits, and farm winery permits may participate with one another in a trade show or exposition. Adds violations of certain tobacco and cigarette laws to the list of laws for which the commission may investigate and enforce penalties. Allows the commission to: (1) investigate; (2) enforce penalties; and (3) suspend or revoke tobacco sales certificates for failing to pay a civil penalty; if a certificate holder sells or distributes tobacco products or electronic cigarettes at a location determined to be a public nuisance or at which conduct or acts that are prohibited under IC 35 occur. Allows an alcoholic beverage permittee (permittee) or employee of the permittee to retain a driver's license, identification card, or government issued document (ID card) that is provided as proof of age for making an alcoholic beverage purchase, if the permittee has: (1) received alcohol server training; and (2) a reasonable belief that the ID card has been altered, falsified, or was not issued to the person who provided the card. Establishes requirements concerning retaining an ID card. Provides that the permittee is immune from civil or criminal liability for retaining an ID card, unless the permittee obtains the ID card by using force against the person. Allows the commission to issue, if certain conditions are met, a temporary beer permit for a festival or event to a person who has held a brewer's permit for a microbrewery for at least three years and meets other requirements. Amends the definition of "hotel," for purposes of the alcoholic and tobacco laws, to allow a hotel to have at least 25 separate sleeping rooms under separate roofs if certain conditions are met. (Current law defines a hotel as having at least 25 separate sleeping rooms under one continuous roof.) Provides that the department of natural resources (department) may apply for a three-way permit for a state park. Provides that the commission shall issue a permit to the department for a state park without: (1) publication of notice or investigation before a local board; and (2) regard to quota provisions. Provides that an annual permit fee for a three-way permit for a state park is $250. Allows the holder of a club permit to designate one or more days in each calendar month as guest days, not to exceed a total of four guest days in any calendar month (instead of one day each week). Provides that the holder of a three-way permit that is issued to a premises located at a facility used in connection with the operation of a paved track more than two miles in length may sell sealed bottles of liquor or wine for consumption off the licensed premises: (1) from one or more locations on the premises; and (2) on the date of the Indianapolis 500 Race in the 2016 calendar year from 7 a.m., prevailing local time, to 7 p.m., prevailing local time. Requires the: (1) holder of the three-way permit to disclose to the commission, at least 14 days before the Indianapolis 500 Race, that the holder intends to sell the bottles; and (2) bottles to be decorative bottles commemorating the one hundredth anniversary of the Indianapolis 500 Race. Provides that if a permit holder: (1) holds one-way, two-way, or three-way permits that are issued, without regard for quota restrictions, for certain premises; and (2) holds a permit for a microbrewery that is located on or adjacent to those premises; the permit holder may sell, at those premises, beer manufactured at the microbrewery. Adds one additional three-way permit to the number of three-way permits that the commission may issue to the proprietor of a restaurant within or not more than 1,500 feet from a motorsports investment district. Prohibits the commission from issuing a beer dealer's permit to a package liquor store unless the proprietor of the package liquor store satisfies Indiana resident ownership requirements. Amends the ownership residency requirements for the issuance of an alcoholic beverage dealer's permit to a corporation, limited partnership, or limited liability company for the premises of a package liquor store. Allows the commission to renew or transfer ownership of an alcoholic beverage dealer's permit of any type for the holder of a dealer's permit who: (1) held the permit for the premises of a package liquor store before January 1, 2016; and (2) does not qualify for the permit under the amended residency requirements. Allows the holder of a retailer's permit issued for the premises of a hotel or restaurant to temporarily amend floor plans to use a banquet or gathering space to sell or dispense alcoholic beverages from a temporary bar or service bar. Allows the commission to issue four new three-way permits to sell alcoholic beverages for on-premises consumption to applicants in Whitestown, Lebanon, Zionsville, Westfield, Carmel, and Fishers, with the total number of active permits issued not exceeding 24 permits at any time. Provides that the cost of the initial permits are $40,000. Clarifies certain requirements regarding security firm requirements for e-liquid mixing, bottling, packaging, or selling. ... View more