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Senate Bill 0339


Senate Bill 0339

ARCHIVE (2007)

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DIGEST OF SB339 (Updated April 10, 2007 5:17 pm - DI 84)


Alcoholic beverage matters. Alcoholic beverages. Defines "grocery store" for purposes of the law concerning alcohol and tobacco. Allows the alcohol and tobacco commission (ATC) to renew or transfer ownership of a beer dealer's permit for a beer dealer who: (1) held a permit before July 1, 2007; and (2) does not qualify for a permit as a grocery store. Requires the ATC to: (1) conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed; and (2) investigate the desirability of a permit in regard to the potential geographic location of the permit. Allows a person at least 18 years of age and less than 21 years of age to receive or purchase alcoholic beverages as part of an enforcement action. Changes the quota provision for liquor dealers and beer dealers. Eliminates residency requirements for dealers. Provides for graduated civil penalties against a permittee for repeat violations of furnishing alcohol to a minor on the licensed premises and for the collected penalties to be deposited in the enforcement and administration fund. Requires a member of a local board to complete a training program to educate the member on alcoholic beverage law and the operation of the board and the ATC. Requires a local board member to be removed if the member does not complete the training within six months after the member is appointed. Provides that members appointed before January 1, 2008, have until July 1, 2008, to receive training. Requires a local board to allow all individuals attending a public local board meeting or hearing to make oral comments at the meeting or hearing regarding the subject of the meeting or hearing. Allows a local board to give greater weight to oral comments provided by a person who owns or operates a business, owns real property, or resides within 1,000 feet of the requested location of an alcoholic beverage permit. Provides that in investigating the desirability of the location of a grocery store or package liquor store permit, the commission may consider the number of existing grocery store and package liquor store permits within 1,000 feet of the proposed location. Requires a liquor dealer (other than a package liquor store) to display liquor: (1) in a clearly separated area that prohibits the presence of a minor unless the minor is accompanied by a parent or guardian; and (2) more than 15 feet from a public entrance of a licensed premises. Changes the notice requirements for new permits and permit transfers. Removes the limits on the number of guests and duration of an event where an excursion and adjacent landsite permit holder provides alcoholic beverages to guests without charge. Allows a local board to appoint at least one attorney to assist the local board in fulfilling its duties. Requires the commission to give notice: (1) by mail to the local board that an objection has been filed and the date of any appeal hearing set by the commission; and (2) by publication of the date of any appeal hearing set by the commission. Allows a small brewery to sell and deliver beer to a consumer. Removes a provision that allows a large brewery to sell and deliver beer to a consumer. Prohibits a beer wholesaler from selling beer to a consumer other than an employee. Allows liquor retailers and liquor dealers to provide six ounce samples of flavored malt beverages and hard cider. Establishes requirements for a wine wholesaler to resell wine purchased at an estate sale. Provides a wholesaler with immunity from product liability for wine that was purchased at an estate sale. Makes it a Class D felony for a wholesaler to sell an unauthorized brand of alcoholic beverages and allows an injured permittee to bring a civil action against the wholesaler. Prohibits a permittee from knowingly or intentionally coercing another permittee to enter into an agreement or take an action that violates the alcoholic beverage statutes and rules. (Current law prohibits only a primary source of supply or a beer wholesaler from coercing a beer wholesaler.) Allows the governor to issue an executive order waiving the hours of service restrictions regarding sales of alcoholic beverages on Sunday by retailers if the state or a municipality hosts an event that has the potential to benefit the state and local economy, and other criteria is satisfied. Provides that if a beer wholesaler's warehouse is transferred, the warehouse does not have to be transferred to a location within an incorporated area. Provides that a seller does not violate the law if the seller sold and shipped wine directly to a consumer before January 15, 2007, and did not fulfill the seller's obligation to obtain confirmation of age and provide the name and address of the consumer to the commission before January 15, 2007. Allows money deposited in the postwar construction fund to be used for construction by the state public safety uses. Requires criteria established jointly by the Indiana department of transportation and the office of tourism development for tourist attraction signage to include a category for a tourist attraction that is a small brewery. Requires alcoholic beverage sales in a drug store or grocery store to be rung up by a sales clerk who: (1) has an employee permit; (2) has alcohol server training; and (3) is at least 19 years of age. Prohibits a proprietor of a package liquor store, drug store, or grocery store from allowing any person who is not a sales clerk from ringing up an alcoholic beverage sale. Increases the penalty for furnishing an alcoholic beverage to a minor to a Class B misdemeanor if the person is an adult. Allows the sale of alcoholic beverages on New Year's day for off premises consumption. Provides that an airline employee does not have to obtain an employee permit to sell alcoholic beverages. Allows the ATC to issue five additional alcoholic beverage permits to restaurants located in the following: (1) An economic development area in Clarksville in Clark County. (2) A redevelopment project areas in Carmel. Allows the ATC to issue not more than eight new three-way permits within economic development areas near Schererville. Removes a provision that allows the ATC to issue additional alcoholic beverage permits in Mishawaka. Allows alcoholic beverage permits to be issued in a riverfront development project in a town.
    Current Status:
     In Conference Committee
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