Bill > HB1396

Introduced Session

Alcoholic beverages and tobacco. Makes the following changes to IC 7.1: (1) Provides that the alcohol and tobacco commission (commission) has additional powers with regard to tobacco. (2) 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. (3) 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. (4) Removes the requirement that the department of local government finance consent to the continuation of a permittee's business by the permittee's heir. (5) 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. (6) Eliminates the requirement of a public meeting for making an initial request to the commission to deposit a permit in escrow. (7) Requires certain permit applicants to provide documentary evidence of United States citizenship or lawful entry into the United States. (8) 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. (9) Establishes requirements in order for a liquor to be advertised or labeled Indiana rye whiskey. (10) 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. (11) Allows a craft manufacturer to locate near a school or church if the church or school does not object. (12) Eliminates Indiana residency requirements for retailers, dealers, and brewers. (13) 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. (14) 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. (15) Allows a small brewery, farm winery, and artisan distillery to sell and deliver alcoholic beverages to a wholesaler directly from a separate storage building. (16) 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. (17) Repeals provisions that require an artisan distiller's permit applicant to hold another manufacturer permit and that establish requirements for applicants who, as of January 1, 2014, do not hold another manufacturer's permit. (18) Provides that a farm winery may sell wine in any container permitted by Federal law. (19) Requires alcoholic beverage quotas for permits in Indianapolis to be based on the population located within Marion County and outside the excluded cities of Beech Grove, Lawrence, and Southport and the excluded town of Speedway. (Current law provides that quotas for permits in the consolidated city are based on the population of the consolidated city's fire special service district.) (20) Amends the definition of "beer" to include the fermentation of cereal byproducts. (21) Amends the definition of "flavored malt beverage" to include canned beverages. (22) 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. (23) Allows a small brewery, farm winery, and artisan distillery to host a trade show or exposition at a location that is subject to a retailer's permit or supplemental catering permit. (24) Provides that an employee who makes curbside delivery of alcoholic beverages to a consumer must be at least 21 years of age. (25) Creates a craft festival organizer permit (organizer permit) that entitles the permit holder to allow small brewers, farm wineries, and artisan distilleries (festival participants) to sell and serve alcoholic beverages by the glass and for carryout within a festival area. Requires a person who is at least 21 years of age to wear a wristband identification within the festival area. Provides that an organizer permittee is responsible to the commission for all violations of alcohol laws and rules regarding sales and service of alcoholic beverages by festival participants and commits a Class B infraction for: (1) failing to issue a wristband identification to a person entering the festival area who is at least 21 years of age; (2) sale of an alcoholic beverage by a festival participant to a person who is not wearing a wristband identification; or (3) selling or serving: (A) more than one open container of alcoholic beverage; or (2) an open container of alcoholic beverages in an amount that exceeds the amount set by statute. Makes stylistic changes.

AI Summary

Committee Categories

Ron Alting (R)*,  Mark Messmer (R)*,  Ben Smaltz (R)*,  Steve Bartels (R),  Ed Clere (R),  Chris May (R), 

Public Law 194 (on 04/29/2021)

Official Document