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House Bill 1250


House Bill 1250

ARCHIVE (2006)

Latest Information

 

DIGEST OF HB 1250 (Updated February 2, 2006 3:25 pm - DI 87)


Alcohol beverage matters. Requires that the provisions of the alcohol and tobacco law be strictly construed and that the words used in the law be interpreted according to their literal meanings. Defines "grocery store". Allows the alcohol and tobacco commission (ATC) to conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed. Allows a person at least 18 years of age and under 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Provides that the ATC has certain powers regarding enforcement of the tobacco laws. Makes changes to the cigarette fair trade act. Requires a local alcoholic beverage board to allow an individual to make oral comments at a public meeting or hearing. Requires: (1) a liquor dealer, beginning January 1, 2007, to display liquor in a clearly designated area where the presence of a minor is prohibited without a parent or guardian who is at least 21 years of age unless the liquor dealer meets certain requirements; and (2) dealer permittees to have at least one employee who holds an employee's permit and, beginning January 1, 2007, ensure that a sales clerk working on the license premises receives training. Provides that the ATC may adopt rules to implement these requirements. Prohibits the issuance of an alcoholic beverage employee's permit to an individual with two convictions for operating while intoxicated if: (1) the first conviction occurred less than ten years before the date of the permit application; and (2) the individual completed the sentence for the second conviction less than two years before the permit application. Provides that if an individual has at least three convictions for operating while intoxicated and the individual completed the sentence for the last conviction more than ten years before the permit application, the individual may apply to the ATC for a permit, but the commission may grant or deny the application. Provides for the revocation of a permit upon an individual's subsequent conviction for operating while intoxicated. Provides that an alcoholic beverage permit of any type may not be issued to an entity that is not domiciled or admitted to do business in Indiana. Allows a holder of an alcoholic beverage permit to sell or offer to sell an alcoholic beverage on credit to an individual who does not hold an alcoholic beverage permit. Provides that any city that owns a golf course may obtain a permit for the retail sale of alcoholic beverages. Provides that a primary source of supply or wholesaler may not provide an illuminated advertising sign to a dealer or retailer in a manner that violates the trade practice restrictions of the commission or the law. Requires the ATC to issue a permit to the state fair commission. Allows for three new alcoholic permits within a district in an economic development area with a unit of the National Park Service partially located within the district, and with an international deep water seaport located within the district. Requires the legislative body of the municipality in the district to recommend sites for the permits. Provides that the permits cost $6,000. Allows for extended time for alcohol sales on New Years Eve if New Years eve falls on a Sunday. Defines as a club an association or corporation in a consolidated city that has been in existence for 25 years, held a bingo licence for ten years, and does not allow persons under the age of 18 to be members, guests, or workers. Creates the interim study committee on alcoholic beverage issues. Makes it a Class C infraction for a licensed premises to furnish an alcoholic beverage to a minor and increases the penalty for subsequent violations. Repeals provisions that: (1) require an individual, partnership, corporation, limited partnership, or limited liability company to meet Indiana residency requirements to obtain a retailer's, dealer's or wholesaler's permit; (2) prohibit the issuance of a retailer's, dealer's, or wholesaler's permit to a partnership unless each member of the partnership possesses the same qualifications required of an individual permit applicant; and (3) exempt certain entities from the Indiana residency requirement.
Current Status:
 In Committee - 2nd House
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