Bill

Bill > SB0175


IN SB0175

Agreements between beer wholesalers and suppliers.


summary

Introduced
01/05/2021
In Committee
03/29/2021
Crossed Over
02/03/2021
Passed
04/06/2021
Dead
Signed/Enacted/Adopted
04/29/2021

Introduced Session

2021 Regular Session

Bill Summary

Alcoholic beverages. Requires a primary source of supply (primary source) that wants to amend, cancel, terminate, or refuse to renew a distribution agreement entered into with a beer wholesaler to: (1) act in good faith, with good cause, and with due regard for the equities of the beer wholesaler; and (2) provide written notice. Provides that a primary source has a right to amend, cancel, terminate, or refuse to renew distribution agreements with all beer wholesalers that have entered into the same distribution agreement with the primary source and are located in the United States. Also makes the following changes to IC 7.1: (1) 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 (craft manufacturer) to sell carryout alcoholic beverages at the retailer's permit premises that are produced under the craft manufacturer's permit. (2) Amends the definition of "entertainment complex" to include a venue with permanent seating for at least 600 (instead of 800) persons. Also amends the requirements for an entertainment complex to include, in part, a premises: (A) located entirely within a two mile radius of the center of a consolidated city; and (B) used by a nonprofit organization primarily as a fine arts theater or for the professional performance of musical or theatrical entertainment. (3) Establishes requirements in order for a liquor to be advertised or labeled Indiana rye whiskey. (4) Allows a craft manufacturer to locate near a school or church if the church or school does not object. (5) 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. (6) Allows a retailer, small brewery, farm winery, or artisan distillery to deliver alcoholic beverages to a customer in the parking lot or an adjacent area. (7) Allows a small brewery, farm winery, and artisan distillery to sell and deliver alcoholic beverages to a wholesaler directly from a separate storage building. (8) Allows a farm winery that: (A) does not distribute through an Indiana wine wholesaler to self distribute to a retailer or dealer up to 3,000 gallons in a calendar year, depending upon the amount of wine the farm winery takes out of bond the previous calendar year; or (B) distributes through an Indiana wholesaler, to self distribute the greater of 1,000 gallons or 50% of the amount the farm winery distributed through the wholesaler the previous calendar year, not to exceed 3,000 gallons. Also allows an artisan distillery that: (A) does not distribute through an Indiana wholesaler, to self distribute to a retailer or dealer up to 300 proof gallons in a calendar year, depending upon the amount of liquor the artisan distillery takes out of bond the previous calendar year; or (B) distributes through an Indiana wholesaler to self distribute the greater of 100 proof gallons or 50% of the amount the permit holder distributed through an Indiana wholesaler the previous calendar year, not to exceed 300 proof gallons. (9) Provides that a farm winery may sell wine in any container permitted by federal law. (10) Amends the definition of "flavored malt beverage" to include canned beverages. (11) Provides that upon written request, the local board must provide to an individual by electronic mail a copy of the local board hearing schedule, and all subsequent monthly hearing schedules, not later than 24 hours after the schedule is posted. (12) Provides that an employee who makes curbside delivery of alcoholic beverages to a consumer must be at least 21 years of age. (13) Repeals provisions that require an artisan distiller's permit applicant to hold another manufacturer's permit and that establish requirements for applicants who, as of January 1, 2014, do not hold another manufacturer's permit. (14) Amends the definition of "beer" to include the fermentation of cereal byproducts.

AI Summary

This bill amends Indiana law to require a primary source of supply (e.g., beer manufacturer) that wants to change or terminate a distribution agreement with a beer wholesaler to act in good faith, with good cause, and with due regard for the wholesaler's equities. It provides definitions of "good cause" and sets out notice requirements. The bill also makes various other changes to Indiana's alcoholic beverage laws, including allowing certain permit holders to sell carryout alcoholic beverages, amending the definition of "entertainment complex," establishing requirements for labeling Indiana rye whiskey, and expanding self-distribution rights for small breweries, farm wineries, and artisan distilleries.

Committee Categories

Government Affairs

Sponsors (9)

Last Action

Public Law 139 (on 04/29/2021)

bill text


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bill summary

Document Type Source Location
State Bill Page http://iga.in.gov/legislative/2021/bills/senate/175/
Fiscal Note #1: Enrolled Senate Bill (S) http://iga.in.gov/static-documents/f/6/b/5/f6b56ced/SB0175.05.ENRH.FN001.pdf
Bill http://iga.in.gov/static-documents/1/5/4/4/154452a8/SB0175.04.ENGH.pdf
Bill http://iga.in.gov/static-documents/e/c/d/b/ecdb2d46/SB0175.05.ENRH.pdf
Dissent #1 (F) http://iga.in.gov/static-documents/f/5/8/1/f5818849/SB0175.04.ENGH.DIS01.pdf
Fiscal Note #2: Engrossed Senate Bill (H) http://iga.in.gov/static-documents/3/f/6/c/3f6c9748/SB0175.04.ENGH.FN002.pdf
Bill http://iga.in.gov/static-documents/c/4/4/e/c44ed391/SB0175.04.ENGH.pdf
Bill http://iga.in.gov/static-documents/e/a/4/f/ea4f756d/SB0175.03.COMH.pdf
Fiscal Note #1: Engrossed Senate Bill (H) http://iga.in.gov/static-documents/a/3/8/d/a38df3f3/SB0175.04.ENGH.FN001.pdf
House Amendment #1 (Filed) http://iga.in.gov/static-documents/f/a/6/b/fa6b1c2e/SB0175.03.COMH.AMH001.pdf
Bill http://iga.in.gov/static-documents/f/5/e/3/f5e310ad/SB0175.02.COMS.pdf
Bill http://iga.in.gov/static-documents/f/a/8/5/fa859e5d/SB0175.03.COMH.pdf
Fiscal Note #1: Senate Bill (H) http://iga.in.gov/static-documents/4/1/2/6/41260a7d/SB0175.03.COMH.FN001.pdf
House Committee Report http://iga.in.gov/static-documents/1/a/e/c/1aec3c0a/SB0175.02.COMS.CRH001.pdf
Fiscal Note #3: Senate Bill (S) http://iga.in.gov/static-documents/0/d/3/e/0d3e1f9b/SB0175.02.COMS.FN003.pdf
Fiscal Note #2: Senate Bill (S) http://iga.in.gov/static-documents/3/1/8/b/318bfedf/SB0175.02.COMS.FN002.pdf
Fiscal Note #1: Senate Bill (S) http://iga.in.gov/static-documents/a/c/4/4/ac4472c3/SB0175.02.COMS.FN001.pdf
Bill http://iga.in.gov/static-documents/e/7/a/e/e7ae7d7b/SB0175.02.COMS.pdf
Senate Committee Report http://iga.in.gov/static-documents/0/f/0/3/0f03cfef/SB0175.01.INTR.CRS001.pdf
Fiscal Note #1: Introduced Senate Bill (S) http://iga.in.gov/static-documents/f/f/b/9/ffb94021/SB0175.01.INTR.FN001.pdf
Bill http://iga.in.gov/static-documents/4/1/7/3/4173d3b0/SB0175.01.INTR.pdf
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