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Enrolled House Bill (H)

DIGEST

Alcoholic beverages and tobacco. Provides that if any provision, or application of any provision, concerning the manufacture, importation, distribution, or retail sale of alcoholic beverages is deemed to be in conflict with federal law or unconstitutional, certain alcoholic beverage laws shall be construed to limit rather than expand the manufacture, importation, distribution, and retail sale of alcoholic beverages through a three-tier system. Provides a definition of "three-tier system". Defines the term "channel price". Allows a wholesaler to offer a channel price to a retailer if certain conditions are met. Amends the "entertainment complex" definition. Provides that the alcohol and tobacco Alcoholic beverages and tobacco. Provides that if any provision, or application of any provision, concerning the manufacture, importation, distribution, or retail sale of alcoholic beverages is deemed to be in conflict with federal law or unconstitutional, certain alcoholic beverage laws shall be construed to limit rather than expand the manufacture, importation, distribution, and retail sale of alcoholic beverages through a three-tier system. Provides a definition of "three-tier system". Defines the term "channel price". Allows a wholesaler to offer a channel price to a retailer if certain conditions are met. Amends the "entertainment complex" definition. Provides that the alcohol and tobacco commission (commission) has additional powers with regard to tobacco. Provides that certain references to alcoholic beverages in bottles include alcoholic beverages in containers. Modifies certain dates concerning alcohol retailer and dealer permits that are deposited with the commission and that may revert to the commission if the permit does not become active. Requires the disclosure of the names of the officers of a corporation or other entity applying for a permit in a published notice or Internet web site. Adds requirements for a permit holder when making an initial request for deposit of a permit. Eliminates Indiana residency requirements for retailers, dealers, and brewers. Provides that residential delivery by a beer retailer, liquor retailer, or wine retailer may only be performed by the permit holder or an employee who holds an employee permit. Requires a permit holder to maintain a written record of each delivery for at least one year that shows the customer's name, location of delivery, and quantity sold. Provides for "grab and go stores" that are accessible only by ticketed event attendees and provide self-service sales of alcoholic beverages in addition to sales of food and nonalcoholic beverages. Provides that certain provisions of the food master hall permit section do not apply to a food hall that: (1) is located in a certified technology park; and (2) operates in a certain type of building or complex of buildings. With certain exceptions, requires a permit applicant to provide the name and address of each person or entity holding at least a 2% interest in the permit and business. Removes the requirement that the department of local government finance consent to the continuation of a permittee's business by the permittee's heir. Requires a municipality to notify the chairman of the commission of any retailer or dealer premises annexed into the municipality, in order to ensure the correct distribution of excise funds. Allows the holder of a food hall vendor's permit and a retailer's permit who also holds a permit for a small brewery, a farm winery, or an artisan distillery to sell certain carry out alcoholic beverages at the retailer's permit premises. Provides that a farm wintery may place wine in bottles or other permissible containers. Allows a farm winery to sell wine by the can. Allows a farm winery to transfer wine from a storage facility or certain locations. Allows a farm winery to sell or transfer wine directly to a wine wholesaler. Provides that an artisan distiller may transfer liquor from a separate storage facility back to the artisan distiller. Allows an artisan distiller to sell or transfer liquor directly to a liquor wholesaler. Makes technical corrections and stylistic changes. ... View more