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House Bill 1666


House Bill 1666

ARCHIVE (2005)

Latest Information

 

DIGEST OF HB 1666 (Updated April 29, 2005 4:21 pm - DI 87)


Alcohol and tobacco. Eliminates a requirement that the prosecutor for the alcohol and tobacco commission (commission) reside in Indiana for five years before being appointed prosecutor. Increases the term of a retailer's or dealer's permit to two years (instead of one year), but requires a permit fee to be paid annually. Increases the following permit fees: (1) One-way retailer's or dealer's permit from $250 to $500 annually. (2) Two-way retailer's or dealer's permit from $500 to $750 annually. (3) Three-way retailer's or dealer's permit from $750 to $1,000 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 to be deposited 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 30% of the excise fund is deposited in the enforcement and administration fund, 37% is distributed to the state general fund, and 33% is distributed to municipal governments. Changes the publication requirement to require that the commission publish notice of a new retailer's 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. Eliminates supplemental retailer permits and allows one-way, two-way, and three-way retail permit holders to sell alcoholic beverages on Sunday for on premises consumption only. Increases the fee for a temporary bartender's permit from $4 to $5. Increases the fee for a tobacco certificate from $50 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 from $5 to $15. Allows the commission to 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 commission to auction not more than five three-way permits to restaurants in Jeffersonville and five three-way permits to restaurants in Clarksville that are located in an economic development area. Requires a minimum bid of $35,000 and a renewal fee of $1,350 that are deposited in the enforcement and administration fund. 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 malt beverage is a brand or package the beer wholesaler has discontinued or the beer or flavored malt beverage will expire within a certain date. Prohibits the commission from issuing, renewing, or transferring a permit if an applicant has not paid innkeeper's taxes that are currently due. Allows a manufacturer of alcoholic beverages to offer on a nondiscriminatory basis bona fide incentives to the wholesaler if the incentives are determined based on sales to retailers or dealers occurring during specified times and for specified products.
Current Status:
 Law Enacted
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