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Engrossed House Bill (H)

DIGEST

Alcoholic beverage matters. 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 an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. Disqualifies persons having certain criminal convictions from receiving certain alcoholic beverage permits or being appointed to the ATC or local ATC board. Provides that Alcoholic beverage matters. 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 an art instruction studio. Requires the alcohol and tobacco commission (ATC) to post on its Internet web site quarterly reports of permittee noncompliance. 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 hotel, restaurant, caterer, and private club to allow a customer to run a tab for alcohol purchases. Allows a brewery or farm winery permit holder sell their product to a supplemental caterer for an outdoor event. Amends the definition of "entertainment complex" to apply to: (1) all municipalities and facilities that have permanent seating for at least 800 individuals; and (2) certain facilities with seating for 200 individuals located within a mile of the center of Indianapolis. 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. Provides that the money collected for various fees is distributed to the ATC's enforcement and administration fund. Provides that a permit may remain in escrow for four years, with an appeals process permitting one additional year, and makes conforming amendments concerning permits currently escrowed. 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. 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 farm winery, artisan distiller, or brewer's permit. Provides requirements for an outdoor beer garden. Regulates the sale of alcohol on jumbo boats. 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 at least 85 feet from of a church if the church is separated from the retailer by a road having a width of 30 feet. Allows 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. Provides that a holder of a permit for the state fair grounds may, at the discretion of the state fair commission, 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. Codifies certain administrative rules concerning retail permittee sales, with certain exceptions for a microbrewery that holds a retail permit for the same premises. Allows a brewery to can and carbonate liquor for a distillery in the same county. Permits a farm winery or the holder of a vintner's permit to manufacture wine and place it in boxes or bulk containers. Allows liquor to be sold from a golf cart at a golf course under the club permit. Allows additional permits for a specified manufacturing complex that is part of a redevelopment project. Allows outdoor bars at civic centers and certain retailers with a gross business of at least $1 million in food. Allows the ATC to revoke or suspend tobacco certificates. Allows minors in brewery premises, including tasting rooms, if accompanied by a parent and if the minor has a handstamp or wristband indicating that the minor is under 21 years of age. Exempts microbreweries from a provision concerning wholesaler-manufacturer agreements. Urges the legislative council to assign to a summer study committee the topic of franchise protection for beer wholesalers. ... View more