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House Bill (H)

Authored by

DIGEST

Alcoholic beverage matters. Establishes requirements that a sales clerk in a grocery store or drug store must satisfy beginning July 1, 2021, in order to sell alcoholic beverages. Provides that a grocery store that is a specialty or gourmet food store is primarily engaged in the retail sale of wine and miscellaneous specialty foods. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest other manufacturer's permits. Allows a patron Alcoholic beverage matters. Establishes requirements that a sales clerk in a grocery store or drug store must satisfy beginning July 1, 2021, in order to sell alcoholic beverages. Provides that a grocery store that is a specialty or gourmet food store is primarily engaged in the retail sale of wine and miscellaneous specialty foods. Amends for consistency provisions allowing a manufacturer that has two types of production facilities in one building to serve alcohol from a single bar. Specifies that a person with an interest in an artisan distiller's permit may have an interest other manufacturer's permits. Allows a patron to carry wine into: (1) a restaurant; or (2) an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance rates and report the rates annually to the legislative council. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that expunged criminal convictions may not be considered in determining an individual's eligibility to: (1) receive certain alcoholic beverage permits; or (2) be appointed to the alcoholic beverage commission or to a local board. Allows a private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery permit holder to: (1) sell their product to a supplemental caterer for an outdoor event; and (2) sell wine (in the case of a brewery) or beer (in the case of a farm winery) without a retailer's permit. Amends the definition of "entertainment complex" to apply to all municipalities and facilities that have permanent seating for at least 800 individuals. Removes provisions restricting the permits issued for civic centers, auditoriums, marinas, stadiums, exhibition halls, convention centers, community centers, or social centers to political subdivisions of a certain population. Provides that a retailer's permit with carryout privileges that is exempt from gross retail requirements remains exempt if the permit is transferred to a new location. Increases the criminal and civil penalties for various offenses that involve minors and liquor. Provides that the money collected for various fees and excise taxes is distributed to the ATC's enforcement and administration fund (enforcement fund). (Current law provides that 34% is distributed to the enforcement fund and 66% to the state general fund.) Makes the following changes to permit escrow: (1) Reduces the total period that a permit may remain in escrow to three years and provides that the permit reverts to the ATC if the permit is not active or an extension approved when escrow expires. (2) Requires a request for escrow or an extension of escrow to occur at a public meeting. (3) Prohibits a permit from being escrowed after June 30, 2019, if the permit holder or the permit holder's affiliates have a permit in escrow that is of the same type and issued for the same jurisdiction. (4) Prohibits ownership transfer of a permit in escrow except under certain conditions. Makes the following changes regarding permit ownership transfers: (1) Requires ATC review of an itemized purchase agreement. (2) Requires the ATC to maintain a public data base of information regarding private sales. Provides that if municipal voters approve a public question to increase a municipality's retailer's permit quota, the municipality may establish an entertainment revitalization area in which additional three-way retailer's permits may be issued. Repeals provisions regarding the following: (1) Malt manufacturer's permit. (2) Malt wholesaler's permit. (3) Malt dealer's permit. (4) Malt excise tax. (5) Seasonal resort hotel permit. Establishes a salon permit for a $250 annual fee that allows a licensed beauty salon to serve complimentary wine or beer to a customer who is receiving paid salon services. Allows the ATC to issue retailer's permits for: (1) a three-way retailer's permit (a master food hall permit) for a food hall containing multiple food and beverage vendors for an initial fee of $50,000; and (2) a one-, two-, or three-way permit (food hall vendor's permit) for a person that has vendor food and beverage space within a food hall for an initial fee of $2,500 or $5,000. Provides that for a vending space that is more than 2,000 square fee, a one-way, two-way, or three-way permit must be purchased subject to availability under the quota. Allows the holder of a food hall vendor's permit to have an interest in a brewer's permit. Provides requirements for an outdoor beer garden. Provides that an application for renewal of a permit may be filed not later than six months (instead of one year) after the permit expires. Provides that an alcoholic beverage retailer's permit may be issued for proposed premises located within 200 feet of a church if: (1) the permit is issued before the church occupies the location; or (2) another exempt retailer's permit is already active within 200 feet of the church. Clarifies that an additional location of a farm winery that is separate from the winery may sell beer. Allows a retailer permittee or a holder of a supplemental caterer's permit operating at certain collegiate stadiums to purchase alcoholic beverages and have the alcoholic beverages stored in areas approved by the alcohol and tobacco commission to be later served at the stadium. Adds a county that owns a marina to the units that may receive an alcoholic beverage permit for the marina. Allows a restaurant to charge a corkage fee for each bottle of wine carried in to the restaurant, regardless of whether the restaurant actually opens the bottle or serves the wine. Provides that as long as a municipality has a riverfront development project district, the municipality may not establish an entertainment revitalization district. Provides that a holder of a permit for the state fair grounds may, if the permit holder is a small brewery, farm winery, or artisan distillery, sell the alcoholic beverages produced by the permit holder for carryout. Specifies that if a small brewery, farm winery, or artisan distillery: (1) has two production facilities in one building and serves both types of products from a single bar; and (2) the law applicable to one of the permits regarding the presence of minors in the bar area is more prohibitive or restrictive than the law applicable to the other permit, the more prohibitive or restrictive law applies. ... View more