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House Bill 1118


House Bill 1118

ARCHIVE (2008)

Latest Information

 

DIGEST OF HB1118 (Updated March 4, 2008 2:14 pm - DI 84)


Alcoholic beverages. Defines "grocery store". Allows the alcohol and tobacco commission (commission) to renew or transfer ownership of a beer dealer's permit for a beer dealer who: (1) held a permit before July 1, 2008; and (2) has retail property that does not qualify for a permit as a grocery store. Requires the commission to: (1) conduct random unannounced inspections of locations where alcoholic beverages are sold or distributed; and (2) provide notice of a pending investigation at least 15 days before the investigation. (Current law requires 30 days.) 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. 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. Provides that civil penalties for violations of tobacco laws concerning sales to minors and allowing minors to enter into certain tobacco retail establishments are the same as penalties for selling alcohol to minors. Requires a member of a local alcoholic beverage board (local board) to complete a training program to educate the member on alcoholic beverage law and the operation of the local board and the commission. 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, 2009, have until July 1, 2009, 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. 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. Requires the commission to give notice: (1) by mail to the local board if an objection has been filed and of 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. Allows a liquor wholesaler to sell liquor in an amount not to exceed 18 liters to an employee of the liquor wholesaler. 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. 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.) 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. 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 is at least 19 years of age. Allows the sale of alcoholic beverages on New Year's day for off premises consumption. Allows an outdoor place of public entertainment used primarily in connection with live music concerts to allow a person to enter its establishment with alcoholic beverages and consume the alcoholic beverages on the premises. Provides that the commission has certain powers regarding enforcement of the tobacco laws. Removes a provision that enforcement officers of the commission must be employed so that not more than ½ are members of the same political party. Allows the commission to approve trainer programs (to educate individuals on training alcohol servers) by third parties that meet certain requirements. Changes: (1) the term of an employee's permit from two to three years; and (2) the fee to correspond with the term change. Increases the penalty for furnishing an alcoholic beverage to a minor to: (1) a Class B misdemeanor for the first offense; (2) a Class A misdemeanor for a subsequent offense; and (3) a Class D felony if the illegal furnishing of the alcoholic beverage results in serious bodily injury to or the death of any person. Provides that a violation occurs if a person recklessly, knowingly, or intentionally furnishes an alcoholic beverage to a minor. (Current law provides that a violation occurs if a person recklessly furnishes an alcoholic beverage to a minor.) Requires tobacco vending machines and establishments that sell tobacco to post a notice that: (1) states that smoking by pregnant women may result in fetal injury, premature birth, and low birth weight; and (2) provides a phone number for assistance to quit smoking. Makes it a Class C misdemeanor for a minor to make a false statement of the minor's age or to present or offer false or fraudulent evidence of majority or identity to an alcoholic beverage permittee for the purpose of procuring an alcoholic beverage. (Under current law, the offense is a Class C infraction.) Establishes a two year study committee to study certain alcoholic beverage issues. Extends the implementation of the alcohol server training requirements to January 2010. Makes conforming changes.
Current Status:
 Law Enacted
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