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House Bill 1406


House Bill 1406

ARCHIVE (2005)

Latest Information

 

DIGEST OF HB 1406 (Updated March 1, 2005 12:40 am - DI 14)


Alcoholic beverage matters. Increases the term of a retailer or dealer's permit to two years (instead of one year), but requires an annual permit fee. Increases the following permit fees: (1) one-way retailer's or dealer's permit from $250 to $375 annually. (2) Two-way retailer's or dealer's permit form $500 to $625 annually. (3) Three-way retailer's or dealers permit from $750 to $875 annually. Requires 34% of the permit fees for certain permits to be deposited in the enforcement and administration fund and 66% of the permit fees in the state general fund (currently 100% of the permit fees for these permits are deposited in the general fund.) Changes the distribution of the excise fund to provide that 50% of the excise fund is deposited in the enforcement and administration fund, 25% is distributed to the state general fund, and 25% is distributed to municipal governments. Changes the publication requirement to require that the commission publish notice of a new retailer or dealer's permit and notice of investigation one time in a newspaper of general circulation published in the county where the permit is located. Allows a beer retailer to permit customers to sample beer and flavored malt beverages. Allows a liquor retailer or dealer to allow customers to sample flavored malt beverages. Makes the following changes with respect to supplemental retailer's permit: (1) Estimates the gross food sales requirement. (2) Makes all supplemental retailer permits $500 annually. (3) Increases the term of a permit to two years. Increases the fee for a temporary bartender's permit from $4 to $5 dollars. Increases the fee for a tobacco certificate to $200 and the term of a certificate from one to three years. Increases the fee for an employee's permit used to perform volunteer service form $5 to $15. Provides that the alcohol and tobacco commission may suspend a permit if the permit holder has not paid the seller of the permit in accordance with the terms of the sale and the seller has obtained a judgment. Allows the alcohol and tobacco commission (commission) to auction not more than five three-way permits to restaurants in Jeffersonville and Clarksville that are located in an economic development district. Requires a minimum bid of $35,000 and a renewal fee of $1,350, that are deposited in the enforcement and administration fund. Makes it a Class A infraction for a person to sell or distribute tobacco products to a tobacco retailer who does not hold a valid tobacco sales certificate. Provides that if a primary source of supply acquires the rights to a product and decides not to have a beer wholesaler continue to distribute the product, the wholesaler must be compensated for the loss of the right to distribute the product or the wholesaler will continue to distribute the product. Allows a beer wholesaler to offer a special discount price to a beer dealer or beer retailer if the beer or flavored male beverage is a brand or package the beer wholesaler has discontinued or the beer or flavored male beverage will expire within a certain date. Allows a manufacturer of alcoholic beverages to offer on a nondiscriminatory basis bona fide incentives to wholesaler if the incentives are determined based on sales to retailers or dealers occurring during specified times and for specified products. Repeals provisions concerning food sales requirements for issuance of a supplemental retailer's permit. Requires the commission to adopt a definition of "grocery store".
Current Status:
 Passed 2nd reading - first House
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